Below are our Terms and Conditions, part one applying to consumers, part two applying to businesses.

 

Terms & Conditions (Applying to Consumers)

 

Welcome to the GymWorld online store terms and conditions of use. We are delighted that you wish to use our store. We have established a number of terms and conditions that by using our shop, you agree to be legally bound by. They are therefore important and so please take a few moments to read them. If you do not agree with the terms and conditions set out below please do not use our online store. We recommend that you periodically check these terms and conditions, because we reserve the right to change them at any time and the terms and conditions that are available on our website at the time you are using it will be those that apply during such use.

 

1. Our details & contacts

 

GymWorld Fitness Ltd

Abryll House

14 Wright Street

Oldham

OL1 3TF

 

Office working hours are Mon – Fri: 9.00am – 5.00pm

 

Customer Support Contact

info@gymworld.co.uk / Tel: 0845 094 8584

 

Sales Contact

info@gymworld.co.uk / Tel: 0161 660 9083



Company number: 10483846

 

*Please note that the 0845 number is charged at standard local rates from a landline. Charges from mobile operators may vary.

 

2. Free Delivery

 

2.1. Many items are advertised with "Free Delivery" and “Free Delivery with Installation” but please note this applies to Mainland GB Only (England, Wales, Scotland excluding post code areas KW IV AB PH DD FK PA HS ZE). There can be a charge to Northern Ireland, Scottish Highlands and the Islands (the Isle of Wight, the Isle of Man, Channel Islands, Isle of Lewis, Orkney ) and some other UK areas that are subject to a carriers excess charge. Our free delivery service operates from Monday to Friday between the hours of 8am and 6pm. Saturday deliveries may be available on certain products and may be subject to an additional charge. To confirm if a delivery charge will be applicable please email info@gymworld.co.uk or call our client services team on 0845 643 6409 (local rate call). Please note if delivery access is restricted, please ensure that you inform us prior to delivery to avoid delaying deliveries.

 

3. Signing for Goods

 

3.1 Some deliveries may require a signature at the point of delivery. On these occasions please check the delivery carefully for signs of possible damage before you sign to say that you have received them in good condition. On some occasions the outer packaging on heavier items may become damaged during transit. In most cases this will have no impact on the goods themselves and this means that the packaging will have served its purpose in protecting your order. In the extremely unlikely event that you receive a parcel which is obviously damaged beyond all levels of acceptability, please refuse delivery and contact us via info@gymworld.co.uk or call our customer service team on 0845 643 6409 stating the reason for refusal. We will then resolve the problem in the best and quickest means possible. Fortunately this happens very rarely.

 

4. Returns

 

By purchasing from this website you agree to our Returns and Exchange policy. For full details please read our Returns and Exchange policy below.

 

5. Complaints

 

5.1 On the very rare occasions that you wish to complain about any of our services, we aim to deal with the complaint as effectively as possible. In the first instance, your complaint should be e-mailed to our client services team at info@gymworld.co.uk or sent by post to Client Services Manager, GymWorld Fitness Ltd, 14 Wright Street, Oldham OL1 3TF. Alternatively, please contact our client services team on 0845 094 8584 during working hours. We aim to acknowledge any complaints within 5 working days, and to conclude our investigations as soon as possible thereafter. A likely timescale for resolution will be provided upon request, but this timescale will be dependent upon the specific nature of the complaint.

 

6. Use of website

 

6.1 You will be able to access the majority of this Website without having to register any details with us. However, certain areas of this Website will only be accessible only if you have registered.

 

7. Site access

 

7.1 You are permitted to use our website for your own purposes and to print and download material from this Website provided that you do not modify any content without our consent. Material on this website must not be republished online or offline without our permission.

 

7.2 The copyright and other intellectual property rights in all material on this Website are owned by us or our licensors and must not be reproduced without our prior consent.

 

7.3 Subject to paragraph 2.1, no part of this Website may be reproduced without our prior written permission.

 

8. Site availability

 

8.1 We do not guarantee that our Site or Content will always be available, nor do we guarantee that we will provide an error free service. We may suspend our service for operational reasons such as repair, maintenance or improvements, or otherwise in emergencies and we may change or discontinue the availability of any Content, goods or services at any time as we see fit.

 

9. User Conduct

 

9.1 With the exception of personally identifiable information, the use of which is covered under our Privacy Policy, any material you send or post to this Website shall be considered non-proprietary and not confidential. Unless you advise to the contrary we will be free to copy, disclose, distribute, incorporate and otherwise use such material for any and all purposes.

 

9.2 When using this website you shall not post or send to or from this Website any material: a. for which you have not obtained all necessary consents; b. that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in the United Kingdom; c. which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.

 

9.3 We will fully co-operate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material to this website in breach of Paragraph 9.2.

 

10. Links to and from Other Websites

 

10.1 Any links to third party websites located on this Website are provided for your convenience only. We have not reviewed each third party website and have no responsibility for such third party websites or their content. We do not endorse the third party websites or make representations about them or any material contained in them. If you choose to access a third party website linked to from this Website, it is at your own risk

 

10.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, any page on this Website, and subject to the following conditions (a) you do not in any way imply that we are endorsing any services or products unless this has been specifically agreed with us; (b) you do not misrepresent your relationship with us or present any false information about us; (c) you do not link from a website that is not owned by you; and (d) your website does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law in the United Kingdom.

 

10.3 If you choose to link to our website in breach of Paragraph 10.2 you shall fully indemnify us for any loss or damage suffered as a result of your actions.

 

11. WEEE Policy (Waste Electrical and Electronic Equipment) Regulations

 

As an environmentally conscious online retailer, we are committed to offering our clients the opportunity to recycle electrical goods in line with WEEE regulations. These state that each EU Member State now has a legal obligation to minimise the disposal of WEEE in landfill sites. The aim of the WEEE regulations is to address the environmental impacts of electrical and electronic equipment when it reaches the end of its life.

 

11.1 What can you do: Reuse & Recycle

 

We all have a responsibility to contributing to the reuse, recycling and other forms of recovery of WEEE under these Regulations.

 

11.1.1 Reuse: If your old machine is still working, do you know somebody who would like to use it? There are many organisations such as schools, clubs, residential homes etc. who might be very happy to use your old equipment and give it a new home.

 

 

 

11.1.2 Recycle: If your old equipment is no longer useful to you or anyone you know, please recycle it whenever possible. If you are unable to give your item a new home, there are lots of local organisations available that will reuse, recycle or repair electrical and electronic equipment for charitable schemes.

 

11.2 Potential effects of not committing to WEEE regulations: Over 75% of waste electrical goods end up in landfill, where lead and other toxins contained in the electrical goods can cause soil and water contamination which can lead to negative effects on human health and the environment. Electrical and Electronic Equipment that was made after 13th August 2005 should display the crossed-out wheelie bin symbol on the packaging or product. The purpose of the symbol is to encourage householders to dispose of their WEEE separately from household waste.

 

11.3 GymWorld Fitness Ltd WEEE take back policy: In the unlikely event that you are unable to find a new home for your electrical items, we will gladly manage its disposal in line with the WEEE regulations for you. We offer this disposal service to clients on a like for like basis meaning that if for example you purchase a treadmill from us, we will ensure that your old treadmill is disposed of correctly and in line with the WEEE regulations. All we ask is that you make arrangements to return your old ‘like for like’ item to us and we will ensure that it is handled in the correct environmentally aware way and that you return the items to us after obtaining a WEEE Returns Authorisation number by calling Thomas Lees on 0161 660 9083

 

12. Disclaimer

 

12.1 We take all reasonable steps to ensure that the information on this Website is correct. However, we do not guarantee the correctness or completeness of material on this Website. We may make changes to the material on this Website at any time and without notice. The material on this Website may be out of date, or on rare occasions incorrect and we make no commitment to ensure that such material is correct or up to date.

 

12.2 The material at this Website is provided without any conditions or warranties of any kind. To the maximum extent permitted by law, we provide access and use of this website on the basis that we exclude all representations, warranties and conditions which but for these Terms may have effect in relation to this Website.

 

13. Governing Jurisdiction

 

13.1 This Legal Notice shall be governed by and construed in accordance with English law. Any dispute(s) arising in connection with this Legal Notice are subject to the exclusive jurisdiction of England and Wales.

 

 

TERMS OF SALE (Applying to Business to Business Transactions)

 

1 Interpretation

 

1.2 A reference in these Terms to a provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.

 

1.3 The headings in these Terms are for convenience only and shall not affect their interpretation.

 

2 Basis of the sale

 

2.1 GymWorld Fitness Ltd t/a GymWorld shall sell and the Buyer shall purchase the Goods in accordance with GymWorld Fitness Ltd t/a GymWorld’s Written quotation (if accepted by the Buyer), or the Buyer’s Written order (if accepted by GymWorld Fitness Ltd t/a GymWorld), subject in either case to these Terms, which shall govern the Contract to the exclusion of any other terms subject to which any such quotation is accepted or purported to be accepted, or any such order is made or purported to be made, by the Buyer.

 

2.2 No variation to these Terms shall be binding unless agreed in Writing between the authorised representatives of the Buyer and GymWorld Fitness Ltd t/a GymWorld.

 

2.3 GymWorld Fitness Ltd t/a GymWorld’s employees or agents are not authorised to make any representations concerning the Goods unless confirmed by GymWorld Fitness Ltd t/a GymWorld in Writing. In entering into the Contract the Buyer acknowledges that it does not rely on any such representations which are not so confirmed, but nothing in these Terms affects the liability of either party for fraudulent misrepresentation.

 

2.4 Any advice or recommendation given by GymWorld Fitness Ltd t/a GymWorld or its employees or agents to the Buyer or its employees or agents as to the storage, application or use of the Goods which is not confirmed in Writing by GymWorld Fitness Ltd t/a GymWorld is followed or acted on entirely at the Buyer’s own risk, and accordingly GymWorld Fitness Ltd t/a GymWorld shall not be liable for any such advice or recommendation which is not so confirmed.

 

2.5 Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by GymWorld Fitness Ltd t/a GymWorld shall be subject to correction without any liability on the part of GymWorld Fitness Ltd t/a GymWorld.

 

3 Orders and Specifications

 

3.1 No order submitted by the Buyer shall be deemed to be accepted by GymWorld Fitness Ltd t/a GymWorld unless and until confirmed in Writing by GymWorld Fitness Ltd t/a GymWorld’s authorised representative.

 

3.2 The Buyer shall be responsible to GymWorld Fitness Ltd t/a GymWorld for ensuring the accuracy of the terms of any order (including any applicable specification) submitted by the Buyer, and for giving GymWorld Fitness Ltd t/a GymWorld any necessary information relating to the Goods within a sufficient time to enable GymWorld Fitness Ltd t/a GymWorld to perform the Contract in accordance with its terms.

 

3.3 The quantity, quality and description of the Goods and any specification for them shall be as set out in GymWorld Fitness Ltd t/a GymWorld’s quotation (if accepted by the Buyer) or the Buyer’s order (if accepted by GymWorld Fitness Ltd t/a GymWorld).

 

3.4 If the Goods are to be manufactured or any process is to be applied to the Goods by GymWorld Fitness Ltd t/a GymWorld in accordance with a specification submitted by the Buyer, the Buyer shall indemnify GymWorld Fitness Ltd t/a GymWorld against all loss, damages, costs and expenses awarded against or incurred by GymWorld Fitness Ltd t/a GymWorld in connection with, or paid or agreed to be paid by GymWorld Fitness Ltd t/a GymWorld in settlement of, any claim for infringement of any patent, copyright, design, trade mark or other industrial or intellectual property rights of any other person which results from GymWorld Fitness Ltd t/a GymWorld’s use of the Buyer’s specification.

 

3.5 GymWorld Fitness Ltd t/a GymWorld reserves the right to make any changes in the specification of the Goods which are required to conform with any applicable statutory or E.U. requirements or, where the Goods are to be supplied to GymWorld Fitness Ltd t/a GymWorld’s specification, which do not materially affect their quality or performance.

 

3.6 No order which has been accepted by GymWorld Fitness Ltd t/a GymWorld may be cancelled by the Buyer except with the agreement in Writing of GymWorld Fitness Ltd t/a GymWorld and on terms that the Buyer shall indemnify GymWorld Fitness Ltd t/a GymWorld in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by GymWorld Fitness Ltd t/a GymWorld as a result of cancellation.

 

4 Price of the goods

 

4.1 The price of the Goods shall be GymWorld Fitness Ltd t/a GymWorld’s quoted price or, where no price has been quoted (or a quoted price is no longer valid), the price listed in GymWorld Fitness Ltd t/a GymWorld’s published price list current at the date of acceptance of the order. Where the Goods are supplied for export from the United Kingdom, GymWorld Fitness Ltd t/a GymWorld’s published export price list shall apply. All prices quoted are valid for 30 days only or until earlier acceptance by the Buyer, after which time they may be altered by GymWorld Fitness Ltd t/a GymWorld without giving notice to the Buyer.

 

4.2 GymWorld Fitness Ltd t/a GymWorld reserves the right, by giving Written notice to the Buyer at any time before delivery, to increase the price of the Goods to reflect any increase in the cost to GymWorld Fitness Ltd t/a GymWorld which is due to any factor beyond the control of GymWorld Fitness Ltd t/a GymWorld (such as, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the costs of labour, materials or other costs of manufacture), any change in delivery dates, quantities or specifications for the Goods which is requested by the Buyer, or any delay caused by any instructions of the Buyer or failure of the Buyer to give GymWorld Fitness Ltd t/a GymWorld adequate information or instructions.

 

4.3 Except as otherwise stated in GymWorld Fitness Ltd t/a GymWorld’s Written quotation or in any price list of Gymworld, and unless otherwise agreed in Writing between the Buyer and GymWorld Fitness Ltd t/a GymWorld, all prices are given by GymWorld Fitness Ltd t/a GymWorld on an ex works basis, and where GymWorld Fitness Ltd t/a GymWorld agrees to deliver the Goods otherwise than at GymWorld Fitness Ltd t/a GymWorld’s premises,

 

the Buyer shall be liable to pay GymWorld Fitness Ltd t/a GymWorld’s charges for transport, packaging and insurance.

 

4.4 The price is exclusive of any applicable value added tax, which the Buyer shall be additionally liable to pay to GymWorld Fitness Ltd t/a GymWorld.

 

4.5 The cost of pallets and returnable containers will be charged to the Buyer in addition to the price of the Goods, but full credit will be given to the Buyer provided they are returned undamaged to GymWorld Fitness Ltd t/a GymWorld before the due payment date.

 

5 Terms of payment

 

5.1 Subject to any special terms agreed in Writing between the Buyer and GymWorld Fitness Ltd t/a GymWorld, GymWorld Fitness Ltd t/a GymWorld may invoice the Buyer for the price of the Goods on or at any time after delivery of the Goods, unless the Goods are to be collected by the Buyer or the Buyer wrongfully fails to take delivery of the Goods, in which event GymWorld Fitness Ltd t/a GymWorld shall be entitled to invoice the Buyer for the price at any time after GymWorld Fitness Ltd t/a GymWorld has notified the Buyer that the Goods are ready for collection or (as the case may be) GymWorld Fitness Ltd t/a GymWorld has tendered delivery of the Goods.

 

5.2 Provided no previous invoice is overdue, the Buyer shall be entitled to a prompt payment discount of zero per cent of the price of the Goods (excluding any charge for transport, packaging or insurance) for payment within 14 days of the date of GymWorld Fitness Ltd t/a GymWorld’s invoice.

 

5.3.1 For Goods which are not made to order for the Buyer, the Buyer shall pay the price of the Goods (less any discount to which the Buyer is entitled, but without any other deduction) within 30 days of the date of GymWorld Fitness Ltd t/a GymWorld’s invoice, and GymWorld Fitness Ltd t/a GymWorld shall be entitled to recover the price, notwithstanding that delivery may not have taken place and the property in the Goods has not passed to the Buyer. The time of payment of the price shall be of the essence of the Contract. Receipts for payment will be issued only on request.

 

5.3.2 For Goods which are made to order for the Buyer, the Buyer shall pay the price of the Goods (less any discount to which the Buyer is entitled, but without any other deduction) at the time of placing the order, and GymWorld Fitness Ltd t/a GymWorld shall be entitled to recover the price, notwithstanding that delivery may not have taken place and the property in the Goods has not passed to the Buyer. The time of payment of the price shall be of the essence of the Contract. Receipts for payment will be issued only on request.

 

5.4 If the Buyer fails to make any payment on the due date then, without limiting any other right or remedy available to GymWorld Fitness Ltd t/a GymWorld, GymWorld Fitness Ltd t/a GymWorld may:

 

5.4.1 cancel the contract or suspend any further deliveries to the Buyer.

 

5.4.2 appropriate any payment made by the Buyer to such of the Goods (or the goods supplied under any other contract between the Buyer and GymWorld Fitness Ltd t/a GymWorld) as GymWorld Fitness Ltd t/a GymWorld may think fit (notwithstanding any purported appropriation by the Buyer) and;

 

5.4.3 charge the Buyer interest (both before and after any judgment) on the amount unpaid, at the rate of 8 per cent per annum above HSBC Bank base rate from time to time, until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest).

 

6 Delivery

 

6.1 Delivery of the Goods shall be made by the Buyer collecting the Goods at GymWorld Fitness Ltd t/a GymWorld’s premises at any time after GymWorld Fitness Ltd t/a GymWorld has notified the Buyer that the Goods are ready for collection or, if some other place for delivery is agreed by GymWorld Fitness Ltd t/a GymWorld, by GymWorld Fitness Ltd t/a GymWorld delivering the Goods to that place.

 

6.2 Any dates quoted for delivery of the Goods are approximate only and GymWorld Fitness Ltd t/a GymWorld shall not be liable for any delay in delivery of the Goods however caused. Time for delivery shall not be of the essence of the Contract unless previously agreed by GymWorld Fitness Ltd t/a GymWorld in Writing. The Goods may be delivered by GymWorld Fitness Ltd t/a GymWorld in advance of the quoted delivery date on giving reasonable notice to the Buyer.

 

6.3 Where delivery of the Goods is to be made by GymWorld Fitness Ltd t/a GymWorld in bulk, GymWorld Fitness Ltd t/a GymWorld reserves the right to deliver up to two per cent more or two per cent less than the quantity ordered without any adjustment in the price, and the quantity so delivered shall be deemed to be the quantity ordered.

 

6.4 Where the Goods are to be delivered in instalments, each delivery shall constitute a separate contract and failure by GymWorld Fitness Ltd t/a GymWorld to deliver any one or more of the instalments in accordance with these Terms or any claim by the Buyer in respect of any one or more instalments shall not entitle the Buyer to treat the Contract as a whole as repudiated.

 

6.5 If GymWorld Fitness Ltd t/a GymWorld fails to deliver the Goods (or any instalment) for any reason other than any cause beyond GymWorld Fitness Ltd t/a GymWorld’s reasonable control or the Buyer’s fault, and GymWorld Fitness Ltd t/a GymWorld is accordingly liable to the Buyer, GymWorld Fitness Ltd t/a GymWorld’s liability shall be limited to the excess (if any) of the cost to the Buyer (in the cheapest available market) of similar goods to replace those not delivered over the price of the Goods.

 

6.6 If the Buyer fails to take delivery of the Goods or fails to give GymWorld Fitness Ltd t/a GymWorld adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond the Buyer’s reasonable control or by reason of GymWorld Fitness Ltd t/a GymWorld`s fault) then, without limiting any other right or remedy available to GymWorld Fitness Ltd t/a GymWorld, GymWorld Fitness Ltd t/a GymWorld may:

 

6.6.1 store the Goods until actual delivery and charge the Buyer for the reasonable costs (including insurance) of storage;

 

or

 

6.6.2 sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the Contract or charge the Buyer for any shortfall below the price under the Contract.

 

7 Risk and property

 

7.1 Risk of damage to or loss of the Goods shall pass to the Buyer:

 

7.1.1 in the case of Goods to be delivered at GymWorld Fitness Ltd t/a GymWorlds premises, at the time when GymWorld Fitness Ltd t/a GymWorld notifies the Buyer that the Goods are available for collection;

 

or

 

7.1.2 in the case of Goods to be delivered otherwise than at GymWorld Fitness Ltd t/a GymWorld`s premises, at the time of delivery or, if the Buyer wrongfully fails to take delivery of the Goods, the time when GymWorld Fitness Ltd t/a GymWorld has tendered delivery of the Goods.

 

7.2 Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Terms, the property in the Goods shall not pass to the Buyer until GymWorld Fitness Ltd t/a GymWorld has received in cash or cleared funds payment in full of the price of the Goods and all other goods agreed to be sold by GymWorld Fitness Ltd t/a GymWorld to the Buyer for which payment is then due.

 

7.3 Until such time as the property in the Goods passes to the Buyer, the Buyer shall hold the Goods as GymWorld Fitness Ltd t/a GymWorld`s fiduciary agent and bailee, and shall keep the Goods separate from those of the Buyer and third parties and properly stored, protected and insured and identified as GymWorld Fitness Ltd t/a GymWorld`s property, but the Buyer may resell or use the Goods in the ordinary course of its business.

 

7.4 Until such time as the property in the Goods passes to the Buyer (and provided the Goods are still in existence and have not been resold), GymWorld Fitness Ltd t/a GymWorld may at any time require the Buyer to deliver up the Goods to GymWorld Fitness Ltd t/a GymWorld and, if the Buyer fails to do so forthwith, enter on any premises of the Buyer or any third party where the Goods are stored and repossess the Goods.

 

7.5 The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of GymWorld Fitness Ltd t/a GymWorld, but if the Buyer does so all moneys owing by the Buyer to GymWorld Fitness Ltd t/a GymWorld shall (without limiting any other right or remedy of GymWorld Fitness Ltd t/a GymWorld) forthwith become due and payable.

 

8 Warranties and liability

 

8.1 Subject to the following provisions, GymWorld Fitness Ltd t/a GymWorld warrants that the Goods will correspond with their specification at the time of delivery and will be free from defects in material and workmanship for a period of twelve months from the date of their initial use or twelve months from delivery, whichever is the first to expire.

 

8.2 The above warranty is given by GymWorld Fitness Ltd t/a GymWorld subject to the following conditions:

 

8.2.1 GymWorld Fitness Ltd t/a GymWorld shall be under no liability in respect of any defect in the Goods arising from any drawing, design or specification supplied by the Buyer;

 

8.2.2 GymWorld Fitness Ltd t/a GymWorld shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow GymWorld Fitness Ltd t/a GymWorld`s instructions (whether oral or in Writing), misuse or alteration or repair of the Goods without GymWorld Fitness Ltd t/a GymWorld`s approval;

 

8.2.3 GymWorld Fitness Ltd t/a GymWorld shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the total price for the Goods has not been paid by the due date for payment;

 

8.2.4 the above warranty does not extend to parts, materials or equipment not manufactured by GymWorld Fitness Ltd t/a GymWorld, in respect of which the Buyer shall only be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer to GymWorld Fitness Ltd t/a GymWorld.

 

8.3 Subject as expressly provided in these Terms, and except where the Goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.

 

8.4 Where the Goods are sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976) the statutory rights of the Buyer are not affected by these Terms.

 

8.5 A claim by the Buyer which is based on any defect in the quality or condition of the Goods or their failure to correspond with specification shall (whether or not delivery is refused by the Buyer) be notified to GymWorld Fitness Ltd t/a GymWorld within seven days from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. If delivery is not refused, and the Buyer does not notify GymWorld Fitness Ltd t/a GymWorld accordingly, the Buyer shall not be entitled to reject the Goods and GymWorld Fitness Ltd t/a GymWorld shall have no liability for such defect or failure, and the Buyer shall be bound to pay the price as if the Goods had been delivered in accordance with the Contract.

 

8.6 Where a valid claim in respect of any of the Goods which is based on a defect in the quality or condition of the Goods or their failure to meet specification is notified to GymWorld Fitness Ltd t/a GymWorld in accordance with these Terms, GymWorld Fitness Ltd t/a GymWorld may replace the Goods (or the part in question) free of charge or, at GymWorld Fitness Ltd t/a GymWorld`s sole discretion, refund to the Buyer the price of the Goods (or a proportionate part of the price), in which case GymWorld Fitness Ltd t/a GymWorld shall have no further liability to the Buyer.

 

8.7 Except in respect of death or personal injury caused by GymWorld Fitness Ltd t/a GymWorld`s negligence, or liability for defective products under the Consumer Protection Act 1987, GymWorld Fitness Ltd t/a GymWorld shall not be liable to the Buyer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for loss of profit or for any indirect, special or consequential loss or damage, costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of GymWorld Fitness Ltd t/a GymWorld, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods (including any delay in supplying or any failure to supply the Goods in accordance with the Contract or at all) or their use or resale by the Buyer, and the entire liability of GymWorld Fitness Ltd t/a GymWorld under or in connection with the Contract shall not exceed the price of the Goods, except as expressly provided in these Terms.

 

8.8 GymWorld Fitness Ltd t/a GymWorld shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of GymWorld Fitness Ltd t/a GymWorld`s obligations in relation to the Goods, if the delay or failure was due to any cause beyond GymWorld Fitness Ltd t/a GymWorld`s reasonable control. Without limiting the foregoing, the following shall be regarded as causes beyond GymWorld Fitness Ltd t/a GymWorld`s reasonable control:

 

8.8.1 Act of God, explosion, flood, tempest, fire or accident;

 

8.8.2 war or threat of war, sabotage, insurrection, civil disturbance or requisition;

 

8.8.3 acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;

 

8.8.4 import or export regulations or embargoes;

 

8.8.5 strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of GymWorld Fitness Ltd t/a GymWorld or of a third party);

 

8.8.6 difficulties in obtaining raw materials, labour, fuel, parts or machinery;

 

8.8.7 power failure or breakdown in machinery.

 

9 Indemnity

 

9.1 If a claim is made against the Buyer that the Goods infringe or that their use or resale infringes the patent, copyright, design, trade mark or other industrial or intellectual property rights of any other person, then unless the claim arises from the use of a drawing, design or specification supplied by the Buyer, GymWorld Fitness Ltd t/a GymWorld shall indemnify the Buyer against all loss, damages, costs and expenses awarded against or incurred by the Buyer in connection with the claim, or paid or agreed to be paid by the Buyer in settlement of the claim, provided that:

 

9.1.1 GymWorld Fitness Ltd t/a GymWorld is given full control of any proceedings or negotiations in connection with the claim;

 

9.1.2 the Buyer shall give GymWorld Fitness Ltd t/a GymWorld all reasonable assistance for the purposes of any such proceedings or negotiations;

 

9.1.3 except pursuant to a final award, the Buyer shall not pay or accept the claim, or compromise any such proceedings without the consent of GymWorld Fitness Ltd t/a GymWorld (which shall not be unreasonably withheld);

 

9.1.4 the Buyer shall do nothing which would or might vitiate any policy of insurance or insurance cover which the Buyer may have in relation to such infringement, and this indemnity shall not apply to the extent that the Buyer recovers any sums under any such policy or cover (which the Buyer shall use its best endeavours to do);

 

9.1.5 GymWorld Fitness Ltd t/a GymWorld shall be entitled to the benefit of, and the Buyer shall accordingly account to GymWorld Fitness Ltd t/a GymWorld for, all damages and costs (if any) awarded in favour of the Buyer which are payable by, or agreed with the consent of the Buyer (which consent shall not be unreasonably withheld) to be paid by, any other party in respect of any such claim; and

 

9.1.6 without limiting any duty of the Buyer at common law, GymWorld Fitness Ltd t/a GymWorld may require the Buyer to take such steps as GymWorld Fitness Ltd t/a GymWorld may reasonably require to mitigate or reduce any such loss, damages, costs or expenses for which GymWorld Fitness Ltd t/a GymWorld is liable to indemnify the Buyer under this clause.

 

10 Insolvency of buyer

 

10.1 This clause 10 applies if:

 

10.1.1 the Buyer makes a composition or voluntary arrangement with its creditors or (being an individual or firm) becomes bankrupt or (being a company) enters administration or goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction), or a moratorium comes into force in respect of the Buyer (within the meaning of the Insolvency Act 1986);

 

or

 

10.1.2 an encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Buyer; or

 

10.1.3 the Buyer ceases, or threatens to cease, to carry on business; or

 

10.1.4 GymWorld Fitness Ltd t/a GymWorld reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly.

 

10.2 If this clause applies then, without limiting any other right or remedy available to GymWorld Fitness Ltd t/a GymWorld, GymWorld Fitness Ltd t/a GymWorld may cancel the Contract or suspend any further deliveries under the Contract without any liability to the Buyer, and if the Goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.

 

11 Export terms

 

11.1 Unless the context otherwise requires, any term or expression which is defined in or given a particular meaning by the provisions of INCOTERMS shall have the same meaning in these Terms, but if there is any conflict between the provisions of Incoterms and these Terms, the latter shall prevail.

 

11.2 Where the Goods are supplied for export from the United Kingdom, the provisions of this clause 11 shall (subject to any special terms agreed in Writing between the Buyer and GymWorld Fitness Ltd t/a GymWorld) apply notwithstanding any other provision of these Terms.

 

11.3 The Buyer shall be responsible for complying with any legislation or regulations governing the importation of the Goods into the country of destination and for the payment of any duties on them.

 

11.4 Unless otherwise agreed in Writing between the Buyer and GymWorld Fitness Ltd t/a GymWorld, the Goods shall be delivered fob the air or sea port of shipment and GymWorld Fitness Ltd t/a GymWorld shall be under no obligation to give notice under section 32(3) of the Sale of Goods Act 1979.

 

11.5 The Buyer shall be responsible for arranging for testing and inspection of the Goods at GymWorld Fitness Ltd t/a GymWorld`s premises before shipment. GymWorld Fitness Ltd t/a GymWorld shall have no liability for any claim in respect of any defect in the Goods which would be apparent on inspection and which is made after shipment, or in respect of any damage during transit.

 

11.6 Unless otherwise required by GymWorld Fitness Ltd t/a GymWorld, payment of all amounts due to GymWorld Fitness Ltd t/a GymWorld shall be made by an irrevocable letter of credit, in a form acceptable to GymWorld Fitness Ltd t/a GymWorld, to be opened by the Buyer in favour of GymWorld Fitness Ltd t/a GymWorld and confirmed by a bank in the United Kingdom acceptable to GymWorld Fitness Ltd t/a GymWorld within 14 days after the Contract is concluded.

 

12 General

 

12.1 A notice required or permitted to be given by either party to the other under these Terms shall be in Writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.

 

12.2 No waiver by GymWorld Fitness Ltd t/a GymWorld of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.

 

12.3 If any provision of the Contract is held by a court or other competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of the Contract and the remainder of the provision in question shall not be affected.

 

12.4 The Contract shall be governed by the laws of England, and the Buyer agrees to submit to the non-exclusive jurisdiction of the English courts.

 

November 1st 2016

 

 

Returns and Exchange Policy

 

At GymWorld we understand that there are occasions when you may wish to return an item to us for several reasons. If you wish to arrange a return to us please follow the steps below.

 

(Please note that we are unable to accept any responsibility for returns received without a Return Authorisation Number being issued first by our client services team).

 

14 Day Money Back Guarantee

 

1. As it's sometimes difficult to choose the right products over the Internet. For this reason, we offer a 'no quibble' back guarantee on all products. You may change your mind for any reason at all and as long as you return the products in new condition in the original packaging at your expense.

 

Please note the following exceptions to our 14 days money back guarantee

 

- chest straps, gum shields and some other items cannot be returned to us unless they are faulty and have been issued a valid returns authorisation number.

 

- installed and assembled machines are not covered by our 14 day money back guarantee.

 

- bespoke or made to order items

 

2. The duration of the money-back guarantee period provided by us is 14 days starting from the first day of receipt of goods ordered or any greater time stipulated against a product description.

 

3. Contact our client services team via email info@gymworld.co.uk or on 0845 094 8584 during working hours (9.30am – 6pm on Mon - Fri) to inform us of your wish to return a product under our money back guarantee scheme.

 

4. You will receive a return authorisation number and a returns form.

 

5. We aim to issue refunds within a few days, but your refund will be issued within 30 days of being notified of a cancellation under the Money Back Guarantee.

 

6. Please note that you are under a statutory duty of care to look after the unwanted goods in your possession and any products that are to be returned under our money back guarantee policy must be kept in an 'as new' condition.

 

If you are returning a product under the 14 days money back policy you are responsible for the cost of returning the goods. Please note that large bulky items may cost in excess of £200 to return depending on the carrier you choose.

 

Items Delivered Incorrectly Or With Faults

 

Any goods delivered that are faulty or were delivered as substitutes without your explicit consent may be returned for a replacement or refund within 10 calendar days of the receipt of the goods from us.

 

You should call our client services team via email info@gymworld.co.uk or on 0845 094 8584 during working hours (9.30am – 6pm on Mon - Fri) to inform us of your wish to return a product and the reasons for the return.

 

You will be issued with a Return Authorisation Number and our service agent will discuss the return of the product by you or through collection arranged by us. You will be issued with a refund or replacement or an alternative, at your choice, following inspection of the issue upon the return of the product.

 

Warranty Issues

 

Whilst unfortunate and rare, products do occasionally develop faults after a period of use. Unless otherwise stated, all of the products sold by us carry a manufacturer's guarantee of at least one year (or 6 months for table games). Items over 14 days old that have a warranty requirement are subject to the manufacturer warranty terms. Each manufacturer's policy and process in respect of product guarantees varies and as such we request that you contact our client services team via email support@sweatband.com or during working hours (9.30am – 6pm on Mon - Fri) for information on the specific manufacturer’s process for managing warranty issues.

 

*Please note that the 0845 number is charged at standard local rates from a landline. Charges from mobile operators may vary.

 

 

GymWorld Fitness Ltd / Gymworld.co.uk Privacy Policy

 

We are dedicated to safeguarding and preserving your privacy when visiting our site or communicating electronically with us. This Privacy Policy, together with our terms of use, explains what happens to any personal data that you provide to us, or that we collect from you when you are on this site.

 

At Gymworld.co.uk we treat your personal information as private and confidential and fully comply with all UK Data Protection and consumer laws.

 

When purchasing from Gymworld.co.uk we collect personal information from you including your name, email address, billing and shipping address and payment details. All such information is held on secure servers and where applicable encrypted in line with PCI requirements. You may also wish to refer to our Cookies & Privacy Policy for information regarding our Cookies & Privacy Policy.

 

For the purpose of the Data Protection Act 1998 our data controller is: Thomas Lees

 

. Information We Collect

 

In operating our website we may collect and process the following data about you:

 

1 Details of your visits to our website and the resources that you access, including, but not limited to, traffic data, location data, weblogs and other communication data.

 

2 Information that you provide by filling in forms on our website, such as when you registered for information or make a purchase.

 

3 Information provided to us when you communicate with us for any reason.

 

Storing Your Personal Data

 

We may transfer data that we collect from you to locations outside of the European Economic Area for processing and storing. Also, it may be processed by staff operating outside the European Economic Area who work for us or for one of our suppliers. For example, such staff maybe engaged in the processing and concluding of your order, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We will take all reasonable steps to make sure that your data is treated securely and in agreement with this Privacy Policy.

 

Data that is provided to us is stored on our secure servers. Details relating to any transactions entered into on our site will be encrypted to ensure its safety.

 

We do not store credit card details nor do we share financial details with any 3rd parties

 

The transmission of information via the internet is not completely secure and therefore we cannot guarantee the security of data sent to us electronically and transmission of such data is therefore entirely at your own risk. Where we have given you (or where you have chosen) a password so that you can access certain parts of our site, you are responsible for keeping this password confidential.

 

Disclosure of Your Information

 

Where applicable, we may disclose your personal information to any member of our group. This includes, where applicable, our subsidiaries, our holding company and its other subsidiaries (if any).

 

We may also disclose your personal information to third parties:

 

1 Where we sell any or all of our business and/or our assets to a third party.

 

2 Where we are legally required to disclose your information.

 

3 To assist fraud protection and minimise credit risk.

 

Use of Information

 

The information that we collect and store relating to you is primarily used to enable us to provide our services to you. In addition, we may use the information for the following purposes:

 

1 To provide you with information requested from us, relating to our products or services. To provide information on other products which we feel may be of interest to you, where you have consented to receive such information.

 

2 To meet our contractual commitments to you.

 

3 To notify you about any changes to our website, such as improvements or service/product changes, that may affect our service.

 

If you are an existing customer, we may contact you with information about goods and services similar to those which were the subject of a previous sale to you.

 

Further, we may use your data, or permit selected third parties to use your data, so that you can be provided with information about unrelated goods and services which we consider may be of interest to you. We or they may contact you about these goods and services by any of the methods that you consented at the time your information was collected. If you are a new customer, we will only contact you or allow third parties to contact you only when you have provided consent and only by those means you provided consent for.

 

If you do not want us to use your data for our or third parties you will have the opportunity to withhold your consent to this when you provide your details to us on the form on which we collect your data.

 

Please be advised that we do not reveal information about identifiable individuals to our advertisers but we may, on occasion, provide them with aggregate statistical information about our visitors.

 

Access to Information

 

The Data Protection Act 1998 gives you the right to access the information that we hold about you. Please note that any demand for access may be subject to payment of a fee of £10 which covers our costs in providing you with the information requested. Should you wish to receive details that we hold about you please contact us using the contact details below.

 

Third Party Links

 

You may find links to third party websites on our website. These websites should have their own privacy policies which you should check. We do not accept any responsibility or liability for their policies whatsoever as we have no control over them.

 

Contacting Us Regarding Our Privacy Policy

 

We welcome any queries, comments or requests you may have regarding this Privacy Policy. Please do not hesitate to contact us by post by writing to us at

 

Data Protection Team

GymWorld Fitness Ltd

Abryll House

14 Wright Street

Oldham

OL1 3TF

 

Cookies & Privacy

 

The information set out in this policy has been provided as part of our on-going commitment to providing clear and open information regarding Privacy & Cookies in line with current legislation and EU Directives for our website users.

 

What Are Cookies?

 

The cookies used on Gymworld.co.uk are small text files that are stored on your hard drive that are harmless. They are used primarily to keep track of items in your shopping basket and enhance your ability to navigate around our website.

 

Our Cookies Policy

 

If you wish to place an order on Gymworld.co.uk you will need to have cookies enabled. If you do not wish to have cookies enabled the site will still operate for the purpose of viewing products and you may place an order over the telephone.

 

Our cookies do not harm your computer and we do not store any personally identifiable information including credit card details in any of our cookies. We may also store information that will be used to improve user experience, site performance as well as detect and resolve errors.

 

We may on occasion gather information regarding your computer whilst you are on our website. This enables us to improve our services and to provide statistical information regarding the use of our website to our advertisers where appropriate.

 

Such information will not identify you personally it is statistical data about our visitors and their use of our site. This statistical data does not identify any personal details whatsoever.

 

All computers have the ability to decline cookies. This can be done by activating the setting on your specific browser which enables you to decline the cookies. Please note that should you choose to decline cookies, you may be unable to access particular parts of our website.

 

Users may also see cookies of carefully selected partners for marketing and remarketing purposes. This will mean that one certain sites you may be displayed product advertising based on products that may be of interest to you. If you would like to opt out of remarketing please visit the Network Advertising initiative at: http://www.networkadvertising.org/managing/opt_out.asp

 

3rd Party Cookies

 

When using the Gymworld.co.uk website you may encounter cookies from 3rd parties that aren’t directly related to Gymworld.co.uk. Examples of this include embedded content and other types of media.

 

Please note that we do not have direct control over these cookies and encourage you to check the 3rd parties website for specific details about their cookies and privacy policies.

 

Similarly, if you choose to ‘share’ ‘like’ or use other links to social media, these websites may send cookies to your computer. We do not have direct control over these cookies and encourage you to check the 3rd parties website for specific details about their cookies and privacy policies.

 

Managing Cookies

 

Computers that do not have cookies enabled will be unable to purchase online from Gymworld.co.uk

 

As there are so many browsers available for different types of computers, we recommend checking your browsers documentation or online help for information on checking, enabling and disabling cookies.