These Terms and Conditions apply to all purchases of Goods which are sold by Fitness Original. By placing an order on this website you agree to abide by these Terms and Conditions.
We reserve the right to change these Terms and Conditions at any time. Any such changes will take effect when posted on the website and it is your responsibility to read the Terms and Conditions on each occasion you use this website and your continued use of the website shall signify your acceptance to be bound by the latest Terms and Conditions.
In these Terms and Conditions (the “Conditions”) the following words shall have their corresponding meaning:
“Buyer” the person(s), firm or company who purchases the Goods from the Company.
“Company” Fitness Original registered in England and Wales.
“Goods” any Goods agreed to be supplied to the Buyer by the Company (including any part or parts of them).
“Delivery Date” the date on which the Goods are to be delivered as stipulated in the Buyer’s order and accepted by the Seller.
“Contract” any agreement between the Company and the Buyer for the sale and purchase of the Goods, incorporating these Conditions.
- Basis of Sale
1.1. The Buyer represents that information provided when placing its order is up-to-date, materially accurate and is sufficient for the Seller to fulfil the Buyer’s order.
1.2. The Buyer represents that it has legal capacity to enter into a contract. No warranty, commitment or any other obligation should be assumed by the Buyer on the Seller’s behalf or on behalf of a Goods manufacturer, licensor or supplier without the Seller’s express prior written consent.
1.3. The Seller’s employees or agents are not authorised to make any representations concerning the Goods unless confirmed by the Seller in writing. In entering into the Contract the Buyer acknowledges that it does not rely on, and waives any claim for breach of, any such representations.
1.4. No variation to these Conditions shall be binding unless prior agreed in writing between the authorised representatives of the Buyer and the Seller.
1.5. Sales literature, price lists and other documents issued by the Seller in relation to the Goods are subject to alteration without notice and do not constitute offers to sell the Goods which are capable of acceptance.
1.6. The liability of the Seller to the Buyer for breaking any of these Conditions is limited to refunding any money already paid by the Buyer for Goods that have not been received or that have been returned within the agreed time scales and in the required condition. The Company will not be liable for any other loss or damages, unless the loss or damages are caused by negligence.
1.7. Any typographical, clerical or other accidental errors or omissions on the website or in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller. If we discover an error in the price of Goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the Goods, you will receive a full refund.
1.8. Any information (and accompanying material) provided by the Company is not intended to replace the attention or advice of a physician or other health care professional. Anyone wishing to embark on any dietary, drug, exercise or other lifestyle change intended to prevent or treat a specific disease or condition should first consult and seek clearance from a qualified health care professional. The Company strongly advises that anyone who is currently taking medicinal products and or suffer from any form of medical disorder should consult their doctor prior using any products advertised on the website. Fitness Original t/a Fitness Original strives to ensure that the information on this site is as accurate as possible, but does not accept responsibility or liability for any inaccuracies.
2.1. All prices are inclusive of VAT where applicable. Costs of carriage are those applicable at the time, as advertised and noted at the point of order.
2.2. Confirmation of the order by the Buyer signifies acceptance of these charges.
2.3. The company reserves the right to alter prices at any time prior to delivery.
2.4. Fitness Original operates a standard product pricing policy in the UK and the Channel Isles, meaning that customers are charged the same prices irrespective of where they live.
We believe that price integrity within any currency zone is important and determining prices outside the UK is more complex than simply adjusting for differences in taxation, as there are often additional cost and currency implications.
Delivery costs for the Channel Isles are generally higher than for the UK, and there can be higher local operating costs such as rent and wages. Not all product prices in the UK include VAT, for example there is no VAT on Herbal Tea. Fitness Original does not seek to recover the additional costs incurred in the Channel Isles on these products, we maintain the same prices as those in the UK.
3.1. Delivery of the Goods shall be made by the Seller delivering the Goods to the place in the United Kingdom or outside the United Kingdom as specified in the Buyer’s order and/or the Seller’s acceptance as the location to which the Goods are to be delivered by the Seller.
3.2. If the delivery address is outside the UK the Buyer shall be responsible for complying with any legislation or regulation governing the importation of the Goods into and selling of the Goods in, the country of destination and is liable for all import duties and procedures thereof. For the avoidance of doubt, the Company does not warrant that any products purchased by the Buyer comply with all statutory requirements and regulations relating to the sale of the Goods in any jurisdiction outside of the UK and it is the sole responsibility of the Buyer to ensure compliance.
3.3. The Delivery Date is approximate only and time for delivery shall not be of the essence unless previously agreed by the Seller in writing. The Goods may be delivered by the Seller in advance of the Delivery Date upon giving reasonable notice to the Buyer.
3.4. Where the Goods are to be delivered in instalments, each delivery shall constitute a separate contract and failure by the Seller to deliver any one or more of the instalments in accordance with these Conditions 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.
3.5. If the Buyer fails to take delivery of the Goods or any part of them on the Delivery Date and/or fails to provide any instructions, documents, licences, consents or authorisations required to enable the Goods to be delivered on that date, the Seller shall be entitled upon given written notice to the Buyer to arrange for the storage of the Goods and then notwithstanding the provision of Clause 8.1 of these Conditions risk in the Goods shall pass to the Buyer, delivery shall be deemed to have taken place (signed for or left in a safe place not signed for service) and the Buyer shall pay to the Seller all costs and expenses including storage and insurance charges arising from such failure.
- Damage/Loss in Transit.
4.1. The Company accepts no liability for any loss resulting from the Buyer’s failure to comply with our carrier’s requirements with respect to notification of damage, shortage or non-delivery of Goods.
4.2. Goods should be inspected on receipt and damage/shortages advised in writing to the carriers and ourselves within 5 days.
4.3. Damaged Goods and original packaging must be retained for inspection at the company’s discretion.
4.4. Damaged Goods returned to the company will only be accepted if previously agreed in writing.
4.5. Non-delivery must be advised in writing to the carriers and ourselves within 10 days of date of order.
5.1. Returns of Goods supplied in accordance with Buyer’s orders cannot be accepted without the prior written consent of the company.
5.2. Returned Goods must be sent carriage paid.
5.3. In addition to your legal rights, we also allow you to return your goods if you simply change your mind. Please return the unused goods to us with the original receipt within 14 days and we will offer you an exchange or refund.
6.1. Payment for the Goods and any applicable delivery charges can be made by any method shown on the Seller’s website at the time you place your order. Refunds will generally be made by the same means of a credit to your chosen method of payment.
6.2. Payment shall be due before the delivery date and time for payment shall be a fundamental term of this agreement, breach of which shall entitle the Supplier to terminate the contract immediately.
6.3. There will be no delivery until cleared funds are received (with the exception of business accounts where we have agreed credit facilities with you).
6.4. In certain circumstances we may require verification of identity and/or an address in order for us to comply with payment processing procedures. The following are considered acceptable forms of verification documentation.
Identity (must be valid):
- Current valid “full” passport; or
- Provisional or full (photo) driving license; or
- Government issued National Identity Card (for some countries)
- Copy of a recent utility or tax bill. The document must be no more than 3 months old. Mobile phone bills are not acceptable; or
- An account or credit card statement from a bank we recognise. The statement should be the most recent available statement. Statements featuring a “care of” address are not acceptable. Non-bank cards, including gym cards, store cards and student cards are not acceptable; or
- A recent mortgage statement from a lender known to us.
The company reserves the right not to supply Goods without verification of identity and/or address.
6.5. The Company reserves the right to charge interest on late payments in accordance with the Late Payment of Commercial Debts [Interest] Act 1998 as amended and supplemented by the Late Payment of Commercial Debts Regulations 2002 and to suspend further deliveries.
6.6. If due to default in payment the Company incurs additional costs in collecting the debt such as legal or debt collection fees etc then the defaulting Buyer will be held liable for all of these costs.
- Risk and Title
7.1. Risk shall pass to the Buyer when the Goods are delivered to or collected by the Buyer or his agent.
- Retention of Title
8.1. It is a term of the Contract for sale of any Goods herein that the Goods shall remain the property of the Seller until such time as payment in full has been received and cleared. In the event of any default in payment the Seller reserves the right to reclaim the Goods concerned.
9.1. Unless otherwise stated, the design and layout of this website, and all the material published on this website, including text, graphics, photos, logos and attached documents, is the copyright of Fitness Original t/a Fitness Original. You may not copy any materials from this website without prior permission.
- Links to Third Party Web Sites
10.1. From time to time this website may contain links to websites controlled by third parties. The Company provides these links merely as a convenience. Access to other web sites is at your own risk and the Company is not responsible for and does not endorse or accept any responsibility over the contents or use of these web sites.
- Jurisdiction and Applicable Law
11.1. Use of fitnessoriginal.co.uk is governed by English Law and the parties submit to the exclusive jurisdiction of the English Courts in any dispute which may arise concerning the Contract.