By placing an order and purchasing products at Gymsworld.co.uk, you are entering into a legally binding agreement with us on the following conditions. You must read and understand these terms because they affect your legal rights and responsibilities.
These are the standard terms and conditions of sale of Gyms World (Company Registration Number 14257531), (the “Seller”, “We” or “Us” ) for certain products as set forth on the pages of this site (the “Goods”). Subject to the provisions of clause 4.2 below, the price of the goods, delivery charges, and value-added tax, where applicable, are set out in the order form.
While every effort is made to deliver the goods per the deadlines set out for delivery on the relevant pages, we do not assume any liability for the late delivery of the goods and draw your attention to the provisions of clause 6 below. This is particularly relevant for goods ordered in an “Express” delivery where an additional charge has been made for this service.
By the provisions of the consumer protection (conclusion of a distance contract) regulations 2000, you have the right to withdraw from this transaction. Details of your right of withdrawal can be found in clause 9 below.
We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes.
These terms describe the basis for your purchase and sale of the products described on this website.
1) Interpretation
1.1 In these conditions:
‘Conditions’ means the standard terms and conditions of sale outlined in this document;
‘Contract’ means the contract for the sale of the goods;
‘Payment Card’ means the credit or debit card or other payment system chosen by you to be used as the method of payment for the details of the goods that you have provided to us when placing the order;
‘Delivery Area’ means the united kingdom and the European Union.
‘Express’ delivery means any delivery method you have chosen other than our ‘standard’ delivery method.
‘Goods’ you have ordered, including any partial delivery of the goods or any part thereof made available for purchase on our website per the conditions;
‘Information System’ means a system for generating, sending, receiving, storing, or processing electronic communications;
‘Order’ means any order placed by you with us for the supply of goods;
‘Order‘ form means the electronic order form completed and submitted electronically by you;
‘Regulations’ means the consumer protection (distance selling) regulations of 2000;
‘Website’ is our presence on the world wide web, currently accessible via the address gymsworld.co.uk
‘Seller’, we” means Gyms World
1.2 Reference to any law or provision of law shall be deemed to include any statutory amendment or re-enactment thereof or any rule or regulation made pursuant thereto or any enactment repealing and superseding the law to which reference is made.
1.3 Unless the context requires otherwise:-
1.3.1 Words importing the singular will include the plural and vice versa;
1.3.2 The words that import the masculine gender will include the feminine gender and vice versa;
1.3.3 References to persons shall include bodies of persons whether corporate or incorporated.
1.4 Unless the context otherwise requires, references to clauses shall be construed as references to clauses in these conditions.
1.5 Headings are inserted for convenience only and will not affect the construction or interpretation of these conditions.
2)Basis of sale
2.1 We will sell to you and you will buy only those goods which you have set out in an order and which we have accepted. We reserve the right to refuse any order. Each sale of goods will be subject to these conditions, which will govern the agreement to the exclusion of any other terms and conditions subject to which you place or intend to place any order.
2.2 No order submitted by you shall be deemed to have been accepted by us unless and until confirmed by us by email or in writing.
2.3 No variation of these conditions will be binding on us unless and until we agree by email or in writing.
2.4 Any advice or recommendations given on this website or otherwise provided by us
3) Orders
3.1 The quantity, quality, and description of the goods will be as set out in your order (if we accept them).
3.2 Orders are accepted at our sole discretion, but are normally accepted if the goods are available, the order reflects the current price, you are in the delivery area and your credit or debit card or other accepted method of payment is authorized for the transaction.
3.3 Gyms World is entitled to withdraw from any contract in the event of obvious errors or inaccuracies in respect of the products displayed on our website.
3.4 You will be responsible for ensuring the accuracy of the terms of any order you submit and for providing us with any necessary information relating to the goods within a sufficient time to enable us to perform the contract per its terms.
3.5 The quantity, quality, description, and any specifications of the goods shall be as set out on the relevant pages of this site.
3.6 We reserve the right to make any changes to the specification of the necessary goods to comply with applicable ec or legal requirements or where a particular good is not available to replace the goods ordered with other goods that are substantially similar. In nature and price.
4) Price of goods
4.1 The price of the goods will be the price set out on the relevant page of this site. We reserve the right to change the prices stated on this site whenever we accept an order from you, the price of the products will be the price stated in the relevant range at the time the order is placed.
4.2 If the price of the goods increases between the date we accept your order and the date of delivery, we will let you know and ask you to confirm by email that the new price is acceptable. If it is not acceptable, you will of course have the option to cancel the order.
4.3 In addition to the price of the goods, you will be responsible for paying our transport, packaging, and insurance charges, as shown on the order form.
4.4 The total price includes any applicable value-added tax.
5) Terms of payment
5.1 By providing us with your payment card details and submitting the order, you:
5.1.1 I confirm and undertake that the information contained in the order is true and accurate and that you are duly authorized to use the payment card; and
5.1.2 You authorize us to deduct from your payment card account the full price of the goods and all other payments due to us under the contract.
5.2 The deduction of money from your payment card does not mean that we have accepted your order or that a contract has been formed between us. If we reject your order, we will credit your payment card with the amount deducted.
5.3 If it is not possible to obtain payment in full for the goods from your account at the time of dispatch of the goods, we may cancel the order or suspend any further deliveries. This does not affect any other rights we may have.
5.4 When you return the goods by your rights under the provisions of clause 9, we will credit the payment card with the corresponding amount.
5.5 We will take all reasonable precautions to keep all information relating to your order secure, but we cannot be held responsible for any loss you may suffer if a third party gains unauthorized access to any information, including any credit and account details you provide when accessing or orders from this website unless this is due solely to our negligence.
6) Delivery
6.1 Delivery of the goods will be made by us or our carrier to the delivery address shown on the order form. This address must be accurate. Please be precise about where you want the products to be left if you are away when we make the delivery. We cannot accept any responsibility for any loss of or damage to the goods once they have been delivered by your delivery instructions.
6.2 Whilst every effort will be made to ensure that the goods ordered are delivered within the period specified for the delivery of such goods on the relevant page and subject to our obligations under the regulations, the dates indicated for the delivery of the goods are approximate only and we shall not be liable for any delay in delivery of the goods, however, caused.
6.3 Delivery time shall not be of the essence of the contract.
6.4 The goods may be delivered by us before the estimated delivery date. If delivery is delayed due to any cause beyond our reasonable control, the delivery date will be extended by a reasonable period and we will contact you to arrange an appointment.
6.5 If you do not take delivery of the goods or give us proper delivery instructions, then, without prejudice to any other rights or remedies available to us, we may cancel the contract and refund you the price of the goods less the cost of their delivery. And the cost of its return to us.
7) Risk and property
7.1 the risk of damage to or loss of the goods shall pass to you upon delivery or, if you do not receive the goods in error when we or our carrier have offered delivery of the goods.
7.2 subject to the provisions of clause 9 and without prejudice to delivery and passing of risk in the goods, or any other provision of these conditions, ownership of the goods will not pass to you until we have received payment in cash or fully cleared funds. Of the price of the goods. The goods supplied to you are not for resale.
8) Guarantees and liability
8.1 Your statutory rights are not affected by these conditions.
8.2 Any claim by you based on any defect in the quality or condition of the goods or their non-conformity to the specification must (whether or not delivery be refused by you) be notified to the company within 7 days from the delivery date. Or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after the discovery of the defect or failure. If delivery is not refused and you do not notify us accordingly, you will not have the right to reject the goods and we will not be liable for any such defect or failure, and you will be obliged to pay the price as if the goods had been delivered by the contract.
8.3 Where we are notified of any valid claim in respect of any of the goods which are based on any defect in the quality or condition of the goods by these conditions, we shall be entitled to replace the goods (or the part in question) or, at our sole discretion, refund you the price of the goods (or a proportionate part of the price), but we will have no further liability to you.
8.4 Except for death or personal damage caused by our negligence, we will not be responsible before you for any representation (unless it is fraudulent), any implicit guarantee, condition, or another term, or any obligation according to the common law, or under the express terms of the contract, for any loss of revenue or profits; loss of anticipated savings; loss of goodwill or damage to reputation; loss of business opportunity; losses suffered by third parties; or any other indirect, consequential or special loss or damage, regardless of the form of action, whether in contract, strict liability or tort (including negligence), arising out of or in connection with the supply of goods or their use or resale by part of you and our entire liability under or in connection with the contract shall not exceed the price of the goods, except as expressly specified in these terms.
8.5 Subject to our obligations and your rights under the regulations, we will not be liable to you nor shall be deemed to be in breach of contract for any delay in performing or any breach of any of our obligations about the goods, whether the delay or the failure was due to any cause outside our reasonable control.
8.6 we do not assume any responsibility for the content of other websites to which this website has links.
9) Right of withdrawal
9.1 Subject to the provisions of clause 9.3, you will have a period of 28 days after the date you have received the goods to withdraw from the contract and return the goods to us. Subject to the provisions of clause 9.4, you will be responsible for paying the direct costs of returning the goods and we will be entitled to deduct from any refund of the price of the goods an amount equal to the shipping costs that have been paid. For us on his behalf.
9.2 The right to terminate the agreement does not affect any of your statutory rights.
9.3 If we supply you with replaced goods by the provisions of clause 2, your right of withdrawal is as set out above, except that the cost of returning the goods will be borne by us.
10) Communications
10.1 Any communication sent electronically by email or otherwise:
10.1.1 Will be considered sent once it enters an information system outside the control of the sender of the message;
10.1.2 Will be deemed to have been received by the recipient when, in readable form, it is entered into an information system that the recipient can access;
10.1.3 Will be deemed to have been dispatched in the case of a company at its principal place of business and in the case of an individual where he or she habitually resides;
10.1.4 Will be deemed received in the case of a company at its principal place of business and in the case of an individual where he or she habitually resides.
11) General
11.1 Any communication sent by post will be deemed to have been received by the addressee three days after first-class mailing or five days after second-class mailing.
11.2 No waiver by us of any breach of the agreement by you shall be deemed to be a waiver of any subsequent breach of the same or any other provision.
11.3 Nothing in the agreement is intended to confer a benefit or be enforceable by any person who is not a party to the agreement (whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise).
11.4 If any provision of these conditions is held by any court or competent authority to be invalid, illegal, or unenforceable in any jurisdiction in whole or in part, it will not affect the validity or enforceability of the other provisions of these conditions and the remainder of the provision in the matter will not be affected or affect the validity, legality or enforceability of that provision in any other jurisdiction.
11.5 The agreement shall be governed by the laws of England and Wales and you agree to submit to the exclusive jurisdiction of the English Courts.
11.6 The headings in these conditions are for convenience only and will not affect their interpretation.