Terms & Conditions
This page together with the documents referred to in it sets out the terms of business on which we supply any products to you (“Goods”). You should read these terms of business carefully and in full before ordering any Goods. By ordering any of our Goods, you agree to be bound by these terms of business.
By placing an order you confirm that you have read and understand our Terms and Conditions and agree to them. If you do not agree to or understand our Terms and Conditions, you must not order Goods from our website.
1. Who we are
This website: Fit.co.uk (“the Site”) is operated by NDISTRIBUTION LIMITED (UK company number: 07915989) of Windsor House, 26 Mostyn Avenue, Llandudno, LL30 1YY and referred to throughout these terms of business as “we” or “us”.
2. Service availability
Some restrictions may be placed on the extent to which we accept orders from certain countries or territories - these will be shown as part of the checkout process.
3. Who you are
By placing an order through the Site, you warrant to us that:
- you are legally capable of entering into binding contracts;
- you are at least 18 years old.
4. Our contract
Once you have placed your order, we may send you an e-mail acknowledging receipt. Please note that this does not mean that we have accepted your order. Your order constitutes your offer to us to buy Goods from us. All orders are subject to acceptance by us, and any such acceptance will only be made following the conclusion of these two steps: (1) by sending you an e-mail stating that the Goods have been dispatched and (2) the Goods have been given to the courier for delivery (the “Dispatch”). There will be no contract between us until both steps of the Dispatch occur.
5.1 Your order will be fulfilled by any delivery date set out in the Dispatch email. If the Dispatch email does not specify a delivery date, then your order will be fulfilled within 30 days of the date of the Dispatch, unless there are exceptional circumstances. If this happens, we will try to arrange for your Goods to be delivered as soon as possible, but we will not be liable to you for any losses caused as a result of such delay. Please note delivery times may vary depending on where you are located. Please refer to the product page for additional shipping details for a particular item.
5.2 Please ensure your address is completed correctly and a valid phone number is available at order. We do not take responsibility for lost or undelivered items if the address is incorrect.
5.3 You must be available to take delivery at the time or times when delivery could be possible. If no one is available at your address to sign for your order, the delivery partner may leave you a note and you will need to contact them to rearrange delivery.
5.4 In certain circumstances the delivery partner may provide you with optional services when delivering your order, such as: (a) signature release: opting out of the requirement to provide a signature on delivery; (b) leave with neighbour, reception or security: re-directing the delivery to a neighbour, reception or security; (c) reschedule a new delivery date: selecting a delivery date that best suits you; and/or (d) re-directing to a collection point: collecting your package from a collection point nearby. By selecting any of these services, including through any default preferences you may have selected with the delivery partner separately, you acknowledge and agree that we shall bear no responsibility or liability for any loss or damage that may result from delivering your order in that way.
6. Price and payment
6.1 The price of any Goods will be as quoted on the Site from time to time in pounds sterling (£), except in cases of obvious error. The price must be paid prior to any order being finalised.
6.2 Whilst we try to ensure that all details, descriptions and prices that appear on the Site are accurate, there may be cases where errors occur. If we discover an error in the price of any Goods that you have ordered, we will inform you of this 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, your order will be treated as cancelled.
6.3 The prices quoted are exclusive of VAT (and the amount of any additional VAT will be indicated to you as part of the order process, if you are required to pay VAT).
6.4 It is your responsibility to find out about any and all customs fees, duties and taxes and pay these to the relevant authorities, as we do not have control over these costs.
7.1 Delivery charges for orders of Goods to be delivered to anywhere on the mainland UK, the Isle of Man or the Channel Islands are stated on the Site – unless any delivery restrictions apply to particular Goods or places. In relation to international delivery, the countries or territories that we can deliver to will be listed in the country dropdown box and delivery prices will be shown as part of the checkout process.
7.2 Alternative delivery options may be available. Please check our Site regarding estimated delivery times and prices for these.
8. The Goods
8.1 Once the Goods have been delivered to you intact, we provide no guarantee or warranty. It is your obligation to take care of the Goods and we accept no liability in relation to them once delivered to your address.
8.2 We attempt to be as accurate as possible in the description of the Goods displayed on the Site. However, we cannot guarantee that all details are always accurate, complete or error free. Please contact us if you would like more information about the Goods. The images of the Goods on the Site are for illustrative purposes only, and although we attempt to display colours accurately, we cannot guarantee that your computer's display of the images accurately reflects the true colour of the Goods.
8.3 The Goods sold are supplied for your domestic and private use only. You agree that you will not use the Goods for any commercial, business or re-sale purposes. We shall have no liability to you for any loss of profit, loss of business, interruption of business, or loss of business opportunity.
8.4 You should follow all instructions contained on or within the Goods. We shall accept no liability or obligation to you due to incorrect use. Use of the Goods in conjunction with each other, or with other products, can have unintended consequences to health and/or the risk of pregnancy – we accept no liability to you and provide no guarantees as to the effectiveness of the Goods for any purpose. If you suffer any adverse effects, you should consult medical attention immediately.
9. Cancellation policy
THIS CANCELLATION RIGHT DOES NOT APPLY IN THE CASE OF THE FOLLOWING GOODS:
Protein or other edible substances; where the box or other packaging has been opened, or any outer seal or plastic film or wrapping has been removed or broken.
Any Goods which are liable to deteriorate or expire rapidly.
Certain made to order or personalised products which will be mentioned on the product page.
9.1 Your legal or statutory rights are not affected by any of the following.
9.2 Items should be returned unworn, unwashed and undamaged with all tags attached and the original packaging. Please ensure that all health or hygiene related products are returned unused and in unopened packaging with all seals in place. All branded equipment and accessories must be returned in their branded boxes and placed inside a protective outer shipping box. We will not be able to accept any items that fail to meet these criteria.
9.3 You have a right to cancel a contract between us, which is subject to these terms and conditions, pursuant to the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
9.4 The cancellation period will expire after 14 days from the day on which you acquire physical possession of the Goods.
9.5 To exercise the right to cancel, you must inform us of your decision to cancel by a clear statement. To meet the cancellation deadline, it is sufficient for you to send your communication concerning the right to cancel before the cancellation period has expired.
9.6 If you cancel the contract, we will reimburse to you all payments received from you, including any delivery costs. We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you (other than what is necessary to establish the nature, characteristics and functioning of the goods).
9.7 We will make the reimbursement without undue delay and not later than:
- 14 days after the day we receive back from you any Goods supplied, or
- (if earlier) 14 days after the day you provide evidence that you have returned the Goods, or
- if there were no Goods supplied, 14 days after the day on which we are informed about your decision to cancel the contract.
9.8 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise, in any event, you will not incur any fees as a result of the reimbursement.
9.9 You shall send back the Goods to our address, without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation of the contract to us. The deadline is met if you send or hand back the goods before the period of 14 days has expired.
9.10 You will have to bear the direct costs of returning the Goods.
10. Our liability
10.1 Our liability to you in connection with any Goods purchased through the Site is strictly limited to the purchase price of the Goods in question.
10.2 We do not exclude or limit in any way our liability to you:
- (a) for death or personal injury caused by our negligence;
- (b) for any matter in relation to which it would be illegal for us to exclude, or attempt to exclude, our liability.
10.3 We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including but not limited to:
- (a) loss of income or revenue or damage to a business as a result of personal injury to any person, or property damage;
- (b) damage to any of your property (or the property of a third party).
11. Legal issues
Without prejudice to any other rights or remedies which we may have, we may terminate this agreement, without liability to you (and without any obligations to you regardless of whether they existed before the breach) and without refund of any monies, immediately on giving notice to you if you should be in breach of any of the terms of these terms and conditions.
12. Communicating with you in writing
In certain circumstances, the law may require that we must communicate with you in writing. When using the Site, you accept that our principal means of communicating with you will be electronic and that this falls within the definition of writing.
13.1 Any notices you send to us must be given by email.
13.2 We may give notice to you at either the e-mail or postal address you provide to us when you place your order.
14. Transfer of rights and obligations
14.1 The contract between us binds both you and us and our respective successors and assigns.
14.2 You may not transfer, assign, charge or otherwise dispose of any contract with us, or any of your rights or obligations arising under it, without our prior written consent.
14.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a contract between us, or any of our rights or obligations arising under it, at any time during the term of the contract in question.
15. Events outside our control
15.1 We do not accept any liability for any failure to perform or delay in performing any of our obligations under a contract between us where such failure or delay is caused by events outside our control (“Force Majeure Event”).
15.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our control and includes in particular (but without limitation) strikes, lock-outs or other industrial action, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster, impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, impossibility of the use of public or private telecommunications networks, or the acts, decrees, legislation, regulations or restrictions of any government.
15.3 Our performance of any contract with you is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.
A waiver by us of any of these terms of business shall not be effective unless it is expressly stated to be a waiver and is communicated to you in writing. No such waiver shall constitute a waiver of any other prior or subsequent breach and we shall not be affected by any delay, failure or omission to enforce or express forbearance granted in respect of any of your obligations.
If the whole or any part of any provision of these terms of business is or becomes invalid, void or unenforceable for any reason, then it shall to the extent required be severed from these terms of business and rendered ineffective so far as is possible without modifying the remaining provisions, and shall in no way affect the validity or enforceability of any other provisions.
18. Entire agreement
These terms of business and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any contract between us, and will supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
19. Our right to vary these terms of business
19.1 We have the right to vary these terms of business from time to time and we encourage you to revisit them periodically to ensure that you are fully aware of them at all times. Any changes are effective immediately upon posting to the Site. Your continued use of the Site constitutes your agreement to all such terms and any changes to them.
19.2 You will be subject to the policies and terms of business in force at the time that you order Goods from us, unless any change to those policies or terms of business is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or terms of business before we send you the Dispatch email (in which case we have the right to assume that you have accepted the change, unless you notify us to the contrary within 7 working days of receipt of the Goods).
20. Law and jurisdiction
Contracts for the purchase of Goods through the Site will be governed by the law of England and Wales. Any dispute arising from, or related to, such contracts (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of England.
THIS RIGHT DOES NOT APPLY IN THE CASE OF CERTAIN PRODUCTS – PLEASE SEE OUR TERMS AND CONDITIONS
RIGHT TO CANCEL
You have the right to cancel this contract within 14 days without giving any reason.
The cancellation period will expire after 14 days from the day:
- in the case of a sale contract, on which you acquire physical possession of the goods; or
- in the case of a contract relating to multiple goods ordered by the consumer in one order and delivered separately, on which you acquire physical possession of the last goods.
To exercise the right to cancel, you must inform us at Fit.co.uk, Unit 1-2 Phoenix Workshops, Station Road, Mochdre, LL28 5EF (UNITED KINGDOM) or via email at firstname.lastname@example.org of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). You may use the following model cancellation form, but it is not obligatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
EFFECTS OF CANCELLATION
If you cancel this contract, we will reimburse to you all payments received from you, including any delivery costs (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handing by you.
We will make the reimbursement without undue delay, and not later than –
- 14 days after the day we receive back from you any goods supplied, or
- (if earlier) 14 days after the day you provide evidence that you have returned the goods, or
- if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods, without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
You will have to bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
To Fit.co.uk, Unit 1-2 Phoenix Workshops, Station Road, Mochdre, LL28 5EF (UNITED KINGDOM) email@example.com:
I hereby give notice that I cancel my contract of sale of the following goods:
Ordered on [*] / received on [*]:
Name of consumer:
Address of consumer:
Signature of consumer (only required if this form is notified on paper):
[*] delete as appropriate