Call 01534 633109

Welcome to The Fitness Agency website

Terms and Conditions

TERMS & CONDITIONS OF BUSINESS:

1. DEFINITIONS:


"Buyer" or “You” means the person who buys or agrees to buy the Goods from the Seller;
"Consumer" shall have the meaning ascribed in section 12 of the UK Unfair Contract Terms Act 1977;
"Contract" means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions;
"Goods" or “Product” means the articles that the Buyer agrees to buy from the Seller;
"Seller" or “Us” or “We” means The Fitness Agency of Little Factory, Rue a la Dame, St. Saviour, Jersey JE2 7NH.
"Terms and Conditions" means the terms and conditions of business set out in this agreement and any special terms and conditions agreed in writing by the Seller;
"Website" means http://www.thefitnessagency.co.uk/.


2. IMPORTANT GENERAL TERMS:


These Terms and Conditions, which incorporate the Terms & Conditions of the Use of our Website (which follow below), shall apply to all contracts for the sale of Goods by Us to You and shall prevail over any other documentation or communication from You. Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by Us.
Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.

3. YOUR HEALTH & SAFETY:


Although exercise should be an integral part of a healthy lifestyle, it would be sensible to consult a doctor before starting any exercise regime.
Always read the owner’s manual/ instructions before using the equipment and ensure it is located and used safely and in accordance with the instructions. Switch of after use and ensure young children and pets are kept at a safe distance both during and after use.

4. PRODUCT SUITABILITY

It is the responsibility of the buyer to check the product ordered is suitable for the type and intensity of use expected. “Home” equipment is not warranted for use in commercial locations such as in a hotel, office or public gym etc. In such locations only equipment designated as suitable for “commercial use” would retain its warranty. Please ask us if You are in doubt as to the suitability of a piece of equipment – we will be pleased to help.

5. PLACING YOUR ORDER:


Any order for Goods shall be deemed to be an offer by You to purchase Goods pursuant to these Terms and Conditions and is subject to availability and acceptance of the offer by Us. We may choose not to accept an order for any reason.
Where the Goods ordered are either not available from stock or not expected in stock in less than 10 working days (with a 5 – 10 working day allowance for delivery thereafter), then the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 20 working days.
Online: Simply fill in the order form at the “checkout”. You will be asked for your name and home address (please note, to prevent fraud, this must be the same as the address registered with the credit or debit card You use). It is essential You provide Your home and/or mobile telephone number as our UK distributor will need to contact You later to arrange a mutually convenient time for delivery of Your equipment. We suggest You print and keep a copy of Your order. A receipt will be posted to You, usually by the next working day, together with a confirmation of Your order, contact details and an approximate delivery date. Please alert us immediately if You receive our order confirmation and it differs from Your original order.


By Telephone: Orders may be placed during normal office hours which are currently 9.30am to 5.30 pm Monday to Friday (Bank Holidays excluded) and Saturday morning from 9.30 to 1.00pm. Please have Your debit or credit card to hand. Once we have helped with any queries You may have about the equipment selected, then we will ask for Your name and home address (please note, to prevent fraud, this must be the same as the address registered with the credit or debit card You use). You will also be asked for Your home and/or mobile telephone number as our UK distributor will need to contact You later to arrange a mutually convenient date and time for delivery of Your equipment. Before finally inviting You to confirm and pay for Your purchase, we will repeat Your order and advise You of the approximate delivery date. Following payment, a receipt will be posted to You, usually by the next working day, together with a confirmation of Your order noting the approximate delivery date and Your contact details. As soon as You receive our order confirmation please check the order and contact details and alert us immediately if this differs from Your original telephone order or if we have not correctly recorded Your contact details.


By Mail: Please complete and print the online order form at the “checkout” ensuring that all details are fully completed including Your name, full address, contact telephone numbers and product description and code. Mail orders should be accompanied by a cheque for the full amount of the order. Please allow 5 working days for the clearance of Your cheque before we process Your order and note this will be in addition to the usual delivery period. A receipt for the cheque will be posted to You, usually by the next working day following its clearance, together with a confirmation of Your order noting the approximate delivery date and Your contact details. Please alert us immediately when You receive our order confirmation if this differs from Your original mail order.


6. PRICE AND PAYMENT:


We accept payment by Switch, Maestro, Visa & MasterCard.
Full payment for the order is required at the time of ordering so that stock may be allocated accordingly. Orders will not be accepted without payment at the time. This also applies to Goods ordered but not in stock at the time of the order where the You wish us to allocate the Goods to You once our distributor has received and advised us of the shipping date. We are however prepared to accept a provisional order for Goods when not in stock, and without payment, on the understanding that although such Goods will not be allocated to the provisional order and without responsibility on our part we will endeavour to advise You when a stock delivery date has been received. This being with a view to enabling you to order and pay for Your order at that time, always assuming we have the stock available after meeting allocated orders.


The price of the Goods shall be that stipulated on the Website. The price is exclusive of GST and VAT. The price includes delivery island wide, except where there is express advice to the contrary within the product description/details. However, delivery may not include installation.

 

The total purchase price, including delivery charges if applicable, will be confirmed at the time of the telephone order or subsequently by email in the case of online orders.
After the order is received the Seller shall confirm by email or telephone the details, description and price for the Goods together with information on the right to cancel if You are a Consumer.


7. SECURITY:


Security protection is provided through Thawte’s -256 bit encryption - SSL 123 Certification.

8. DELIVERY:


All deliveries will be made by us or by our appointed distributors’ or their appointed third parties.
Goods supplied within the island will, subject to availability, normally be delivered within 5 - 10 working days of acceptance of Your order.


Deliveries are made between 10.00am and 5.00pm Tuesday, Thursday and Saturday, or any other time by prior arrangement.


Our distributors will agree a specific date for delivery of the goods however they cannot guarantee a delivery (as they may be effected by circustmances beyond there control); however, where a delivery date/time has been agreed but subsequently can’t be met, then You will be notified and invited to agree a new delivery date or receive a full refund.
You are required to meet the time & date agreed for delivery. However, time of delivery shall not be of the essence and neither Us or our distributor or their appointed delivery company shall be liable for any losses, costs, damages or expenses incurred by You or any third party arising directly or indirectly out of any failure to meet an estimated delivery date or time.
Our free delivery service means the Goods will be delivered to the ground floor (including the ground floor of any external staircase) of Your address as specified in the order and that You will have made all arrangements necessary to take delivery of the Goods at the time. There should be a suitable place outside for the lorry or van to park whilst the delivery is being made. Please alert our distributor, at the time of arranging delivery, if you consider parking may be difficult. Any parking charges incurred whilst delivering are chargeable to You.

Due to Health & Safety Regulations the delivery driver will not be able to move the Goods into your home except where the Installation Service either comes free with the product or the optional installation service (where applicable) had been selected in advance in which event it will either be a 2 man delivery or the driver will have appropriate lifting equipment. Consequently you should arrange to have help available in order to move the Goods into your home or consider, in advance, booking the optional installation service where available at the time of ordering. Title and risk in the Goods passes to You upon delivery.

You will be asked to sign for Your Goods upon delivery but, before doing so, please check for any damage to the external packaging. If there is any noticeable damage then please sign and indicate this on the Delivery Note. No claim for damage of Goods in transit will be accepted unless this is indicated on the Delivery Note AND confirmed within 72 hours (3 days) in writing by email to sales@thefitnessagency.co.uk


9. PRODUCT ASSEMBLY:


Virtually all products ordered will require assembly. This will need to be undertaken by You (or Us where the Installation is included free or the extra cost installation option, where available, had been selected at the time of ordering) in accordance with the manufacturer’s instructions. Where, on some of the heavier more expensive equipment we include installation as a free service –it will be indicated in the product details.

10. INSTALLATION:

Where installation is included free or the extra cost installation option had been selected at the time of ordering then this may result in some delay beyond the usual 5 – 10 working day delivery. Installation means to a reasonably accessible part of the ground floor of the premises or garage. You are required to ensure the delivery driver has unencumbered access and a clear area to assemble the equipment. Please do not ask the driver to move furniture or clear the area. The right to charge a rate of £50 per hour is reserved where the driver has to wait for the area to be cleared. Please be aware the driver may ask for your assistance in moving the equipment. If this is not acceptable, or it is intended the equipment is to be located other than on the ground floor, then please advise our distributor at the time of agreeing the delivery time and date as this could necessitate a 2 man delivery which may therefore incur you in an extra charge which would be stated at the time. Please also be aware the driver has the right to refuse to assemble or leave the product in an area considered hazardous or dangerous. Unless a safe area is offered the driver is authorised to retrieve and return the goods to base and, in that event, You will be responsible for the cost of both the delivery to Your home and the return to the distributor’s premises plus a wasted time fee at the rate of £50 per hour. Should the Goods not fit into the intended area and, as a consequence, you decide you do not want the Goods then You will be responsible for the cost of both the delivery to Your home and the return to the distributor’s premises plus a wasted time fee at the rate of £50 per hour.Please alert our distributor, at the time of arranging delivery, if you consider parking may be difficult. Any parking charges incurred whilst delivering are chargeable to You.

11. CANCELLATION AND RETURN:

Distance Selling Regulations:-

Under the distance selling regulations you have the right to cancel your contract for the purchase of Goods from this website. This does not apply to Goods made or ordered to your specification, perishable goods (e.g. food or supplements) .

The Seller will accept a written email cancellation of Goods with a full refund provided that the cancellation order is received 72hours before the agreed delivery date and time. Once the goods have been delivered or within 72 hours of the agreed delivery date and time, the cost of returning the goods to the supplier will be borne in full by you.
To cancel your order you must write to us at Little Factory, Rue a la Dame, St. Saviour, Jersey JE2 7NH or send an email to sales@thefitnessagency.co.uk within 7 working days of delivery of your Goods quoting your order number. Except where Goods have been damaged in transit, should you refuse to accept the Goods at the time of delivery, you will be responsible for all the costs and charges of delivering the Goods back to our designated distributor. Any free gifts or products received with the goods must be returned at the same time.
Before returning any Goods, You must obtain a Return of Merchandise Authorisation (RMA) number from the designated distributor or us. No Goods will be accepted without an RMA and they must be returned within 10 days of receiving the RMA
Where Goods are being returned, they must be insured for loss or damage and carefully and securely re-packed (if possible in the original packaging) together with proof of purchase. Goods should be returned via a reputable carrier who requires a signature as proof of delivery and it is the responsibility of the Buyer to ensure the goods are received back by the distributor in good condition. The Buyer has statutory duty to take all reasonable care of the Goods whilst they are in his possession.
Goods being returned must clearly indicate, on the package, the name and address of the Buyer, the RMA number obtained from Us or the designated distributor at the time of advising of the cancellation together with the full postal address and postcode of the distributor who is to receive the return of the Goods.
The Buyer will receive a refund within 30 days of all monies paid for the Goods (including delivery charges, if any) with the exception of return freight charges. Where returned Goods are found to be damaged due to the Buyer’s fault, the Buyer will be liable for the cost of remedying such damage.
Please note that all our distributirs are based in the UK and returns will need to be to the UK, not our Jersey depot.

12. WARRANTIES AND CLAIMS

The goods sold on our website come with a manufacturer’s warranty. Manufacturers’ warranties vary as do the length of the Warranty periods for different types and ranges of equipment. Warranties do not cover abuse, lack of proper maintenance, care and protection or alterations to the equipment.
Please note warranties for products designated for “home use” extend to home use only. Use of “home use equipment” outside the home, such as in a club, gym or office etc. would completely invalidate the warranty.
The way in which warranty the UK distributor handles claims will depend on the distributor, the brand and the type of fault. Where there is a minor problem, the distributor may post a part for the customer to fit. In many cases an engineer will be sent to attend on site or, alternatively, a request will be made for the return of the goods to the relevant distributor’s store.
Please contact us at sales @thefitnessagency.co.uk with any warranty queries. Please provide your full name and contact details as well as the product description serial number and a brief description of the fault. We will aim to return your email within 48 hours.

Any “free products” included with the sale of the Goods must be returned at the same time as the Goods.

Should You require our assistance in relation to a warranty claim then please email us at: sales@thefitnessagency.co.uk , or write to us at Harbour Reach, La Rue de Carteret, St. Helier, Jersey JE2 4HR stating the brand and model number plus the serial number and a brief description of the fault.

13. RIGHTS OF SELLER:


The Seller reserves the right to periodically update prices and manufacturer’s product specifications on its Website, which cannot be guaranteed for any period of time. The Seller shall endeavour to ensure such prices and specifications are correct at the time the Buyer places an order. However, the seller will not be liable for any errors, omissions, price changes or alterations to specifications or colours which may result from manufacturers’ ongoing product development, which may occur without notice. The Seller reserves the right to withdraw any goods from the Website at any time. The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.

14. LIMITATION OF LIABILITY:


Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the Price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.

15. WAIVER:


No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.

16. FORCE MAJEURE:


The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.

17. SEVERANCE:


If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.

18. CHANGES TO TERMS AND CONDITIONS:


The Seller shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.

19. COMPLAINTS:


Should you wish to complain about any products or standards of service then do please tell us first? The Fitness Agency and its distributors aim to provide a high standard of service. We have chosen our products because we believe them to be of good quality but, occasionally, things can go wrong. In that unlikely event we will do our best to make amends. Should You have any complaints - then email us at:- sales@thefitnessagency.co.uk or write to us at The Fitness Agency, Little Factory, Rue a la Dame, St. Saviour, Jersey. JE2 7NH

20. DATA PROTECTION & PRIVACY:


The Fitnessagency.co.uk is registered with the Jersey Data Protection Authority.
Our privacy policy is detailed on our website – see “Privacy Policy”.

21. GOVERNING LAW AND JURISDICTION:


These Terms and Conditions shall be governed by and construed in accordance with the laws of Jersey and the parties hereby submit to the exclusive jurisdiction of the Jersey courts.

22. LAST UPDATE TO THESE TERMS & CONDITIONS:

06 May 2015

TERMS AND CONDITIONS OF USE OF OUR WEBSITE:

23. ACCEPTANCE OF TERMS:

Your access to and use of http://www.thefitnessagency.co.uk/ ("the Website") is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website You are fully accepting the terms, conditions and disclaimers contained in this notice. If You do not accept these Terms and Conditions You must immediately stop using the Website.

24. ADVICE:

The contents of the Website do not constitute advice and should not be relied upon in making or refraining from making, any decision.

25. CHANGES TO WEBSITE:

http://www.thefitnessagency.co.uk/ reserves the right to:

Change or remove (temporarily or permanently) the Website or any part of it without notice and You confirm that www.thefitnessagency.co.uk shall not be liable to You for any such change or removal; and to change these Terms and Conditions of Use at any time, and Your continued use of the Website following any changes shall be deemed to be Your acceptance of such change.

26. LINKS TO THIRD PARTY WEBSITES:

The Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and You acknowledge and agree that we are not responsible for the content or availability of any such sites.

27. COPYRIGHT:

All copyright, trade marks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to http://www.thefitnessagency.co.uk/ or otherwise used by http://www.thefitnessagency.co.uk/ as permitted by law.

In accessing the Website You agree that You will access the content solely for Your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.

28. DISCLAIMERS AND LIMITATION OF LIABILITY:

The Website is provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

To the extent permitted by law, http://www.thefitnessagency.co.uk/ will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.

http://www.thefitnessagency.co.uk/ makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.

Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of http://www.thefitnessagency.co.uk/ for death or personal injury as a result of the negligence of http://www.thefitnessagency.co.uk/ or that of its employees or agents.

29. INDEMNITY:

You agree to indemnify and hold http://www.thefitnessagency.co.uk/ and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against http://www.thefitnessagency.co.uk/ arising out of any breach by You of these Terms and Conditions or other liabilities arising out of Your use of this Website.

30. SEVERANCE:

If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.

31. GOVERNING LAW:

These Terms and Conditions of Website Use shall be governed by and construed in accordance with the Laws of Jersey and You hereby submit to the exclusive jurisdiction of the Jersey courts.

32. LAST UPDATE TO THESE TERMS & CONDITIONS OF WEBSITE USE:

6th May 2015.

PRIVACY STATEMENT

thefitnessagency.co.uk is committed to protecting your privacy and maintaining the security of any personal information received from you. We strictly adhere to the requirements of the data protection legislation in Jersey and the UK.

The purpose of this statement is to explain to you what personal information we collect and how we may use it.

When you order, we need to know your name, address, telephone number, email address and card details. This allows us to process and fulfil your order. You have the option to withhold personal information that is not required for the order process such as where you heard about us, gender and age range.

We use your personal information for payment and billing purposes and for the running of our business which may include contacting you by email or post where you have consented to this. We will only contact you with your consent.

We do not sell, rent or exchange your personal information with any third party for commercial reasons, beyond the essential requirement for credit/debit card validation during purchase.

We follow strict security procedures in the storage and disclosure of information which you have given us, to prevent unauthorised access in accordance with Jersey and UK data protection legislation.

We do not collect sensitive information about you except when you specifically knowingly provide it. In order to maintain the accuracy of our database, you can check, update or remove your personal details by emailing us at sales@thefitnessagency.co.uk or by telephoning us on +44 1534 633109 .

We may use a technology called "cookies" as part of a normal business procedure to track patterns of behaviour of visitors to our site. A cookie is an element of data that our Website sends to your browser which is then stored on your system. You can set your browser to prevent this happening. Any information collected in this way can be used to identify you unless you change your browser settings.

In order to process credit/debit card transactions, the bank or card processing agency may require to verify your personal details for authorisation outside the EEA (European Economic Area). Your information will not be transferred outside the EEA for any other purpose.

If you have any questions about privacy please contact us at at http://www.thefitnessagency.co.uk/ or by telephoning + 44 1534 633109

If you have any questions about any of the products we sell including treadmills, exercise bikes, elliptical trainers, cross-trainers, rowing machines, heart rate watches, fitness accessories, weight benches and weights then please contact us.