1) About us and these Terms and Conditions
1.1 “We” are Fitness4x4 Ltd; a company registered in England with registered number 04554338 with registered offices in Uxbridge, Middlesex, United Kingdom.
We are authorised to supply merchandise relating to Hour of Power®, The HOP® and Fitness4x4®. If you have any comments or suggestions, we would be pleased to receive them at the address:
32 Violet Avenue
Uxbridge, Middlesex UB8 3PR
1.2 These Terms and Conditions govern the supply by us of any products ordered by you relating to this Web site (“the Site“), whether on the Site or by any other means. The particular product that you order at any one time from us is referred to in these Terms and Conditions as “the Product“. Further details of the Product can be obtained by reviewing the Site and contacting us. By agreeing to order a Product, you agree to be legally bound by these Terms and Conditions.
1.3 In these Terms and Conditions:
1.3.1 “you” means a consumer who orders a Product from us;
1.3.2 “the Contract” means your order of a Product in accordance with these Terms and Conditions which we accept in accordance with clause 2.9 below. If you order more than one Product or several units of the same type of Product, each unit of each Product will constitute a separate Contract; and
1.3.3 a “business day” or a “working day” means a day which is neither (a) a Saturday or Sunday nor (b) a public holiday anywhere in the United Kingdom.
2) Making Orders of Products
2.1 When making an order on the Site, you must follow the instructions on the Site as to how to make your order and for making changes to your order before you submit it to us.
2.2 Irrespective of any previous price that you have seen or heard, once you select a Product that you wish to order, you will then be shown or told the price you must pay including VAT (if applicable) or Credit/Debit Card Transaction charges (if applicable) and any applicable delivery charges. Subject to chosen payment option (see clause 2.4 below) this is the total that you will pay for receipt of the ordered Product. There are no extra charges unless you opt for a special delivery service, in which case we shall inform you of any additional cost before we process your request.
2.3 Payment by credit/debit card or Paypal payment service may incur a transaction fee of up to 3.3% of your total order cost in respect to transaction charges which are applied to our store by these payment providers. Payment by direct bank transfer will incur no additional charges but may, in some instances, delay your order by as much as 1-3 days subject to the speed at which your bank transfer is received into account. In such instances, if your payment is not received instantly, your product order will only be processed at the point of funds being cleared into our account, at which point you will be notified that your payment has cleared and your order can now be fulfilled.
2.4 When you order on the Site, you shall pay for the Product at the time of ordering by supplying us with your credit or debit card details from a credit or debit card company acceptable to us, which we require in order to process your order. If you order other than through the Site, you may pay by any method acceptable to us, but in any event we shall not be bound to supply before we have received cleared funds
2.5 If you are asked for details of a payment card, you must be fully entitled to use that card. The card must have sufficient funds to cover the proposed payment to us.
2.6 We do not store credit card details nor do we share customer details with any 3rd parties.
2.7 You undertake that all details you provide to us for the purpose of purchasing the Product from us will be correct, that the credit or debit card, or other payment method, which you use is your own and that there are sufficient funds or credit facilities to cover the cost of the Product. We reserve the right to obtain validation of your credit or debit card details before providing you with the Product.
2.8 When you submit an order to purchase a Product from us, you agree that you do so subject to these Terms and Conditions.
2.9 Your order remains valid as an offer until when we accept your order or if earlier when we receive your notice revoking your order.
2.10 We shall not be obliged to supply the Product to you until we have accepted your order. An e-mail, letter, fax or other acknowledgement of your order by us is purely for information purposes and does not constitute acceptance of your order. We may in our discretion refuse to accept an order from you for any reason, including (but not limited to) unavailability of supplies. The Contract shall be formed and we shall be legally bound to supply the Product to you when we accept your order. Unless we expressly accept your order by other means, acceptance shall take place when we commence delivery or (in the case of a customised Product) start the process of making the Product. We may send a confirmatory invoice to you at any time after we have accepted your order. Until the time when we accept your order, we reserve the right to refuse to process your order and you reserve the right to cancel your order. If you or we have cancelled your order before we have accepted it, then we will promptly refund any payment made by you or your credit or debit card company to us for the order of the Product.
2.11 If you discover that you have made a mistake with your order after you have submitted it to us, please contact [email protected] immediately.
2.12 We endeavour to ensure that the price given to you is accurate, but the price of your order will need to be validated by us as part of our acceptance procedure. If the price for the order changes before we accept your order, we will contact you and ask you to confirm that you wish to proceed at the amended price.
3) Circumstances beyond our control
3.1 We shall not be liable for any delay, hindrance to us or failure to deliver due to any circumstances outside our reasonable control, including without limitation Acts of God, civil commotion, riots, revolt, war, terrorism, hostilities, warlike operations, piracy, arrests, restraints or detainments of any competent authority, strikes, lock-outs, floods, droughts, fire, earthquakes, mechanical breakdown, inability to obtain or shortage of materials, equipment or transportation or any legislation change.
4.1 Subject to the rest of these Terms and Conditions, any notice or other communication required or authorised to be given under the Contract shall be in writing and may be served by personal delivery or by pre-paid, registered or recorded delivery letter or by facsimile addressed to the relevant party at the address or facsimile number of the relevant party last known to the other.
4.2 Subject to the rest of these Terms and Conditions, any notice given by post shall be deemed to have been served two business days after the same has been posted if you are based in the UK or seven business days after the same has been posted if you are not based in the UK and any notice given by facsimile shall be deemed to have been served upon receipt of an answerback signal from the receiving machine, and in proving such service it shall be sufficient to prove that the letter or facsimile was properly addressed or numbered and, as the case may be, posted as a prepaid, registered or recorded delivery letter or despatched or an answerback signal received.
5.1 We shall keep a record of your order and these Terms and Conditions until three years after we have accepted your order. However, for your future reference, we advise you to print and keep a copy of these Terms and Conditions, your order and any e-mail or written acknowledgement that we make.
5.2 No failure or delay by either party in exercising any right under the Contract shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish your or our rights under the Contract.
5.3 If any clause in these Terms and Conditions shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect any other clause or part of any clause, all of which shall remain in full force and effect, so long as the Terms and Conditions shall be capable of continuing in effect without the unenforceable term.
5.4 These Terms and Conditions, together with price, Product and delivery details agreed between you and us, contains the entire agreement between you and us in relation to the Contract. These Terms and Conditions apply to the exclusion of any contracts or terms submitted, proposed or stipulated by you.
5.5 A person who is not a party to the Contract has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce a term of the Contract.
5.6 The Contract shall be governed by English law and you hereby submit to the non-exclusive jurisdiction of the English courts. All dealings, correspondence and contacts between us shall be made or conducted in the English language.
5.7 We have used our best endeavours to ensure that our supply of the Products complies with English laws. However, we make no representations that the Products are appropriate or available for use in locations outside of England and Wales. Those who order Products from the Site do so on their own initiative and are responsible for compliance with all applicable laws. If ordering Products from the Site is contrary to or infringe any applicable law in your jurisdiction, you should not make the order.
5.8 We make no representations and give no warranties, express or implied that making the Products available on the Site in any particular jurisdiction outside England and Wales is permitted under any applicable non-English laws or regulations. Accordingly, if making the Products or any part available in your jurisdiction or to you (by reason of nationality, residence or otherwise) is prohibited, those Products are not offered for sale to you. You accept that if you are resident outside England and Wales, you must satisfy yourself that you are lawfully able to purchase the Products. We accept no liability, to the extent permitted by applicable law, for any costs, losses or damages resulting from or related to the purchase or attempted purchase of the Products by persons in jurisdictions outside England and Wales or who are nominees of or trustees for citizens, residents or nationals of other countries.
5.9 In placing your order, you agree that you are submitting your personal data to us for us and our subcontractors to use for the purposes of fulfilling the Contract. We may disclose your data to the operator of the site Fitness4x4 Ltd, or any other company in their or our groups and we or they may also use your data for the purposes of telling you (by post, e-mail or any other means) about any information, products or services relating to Hour of Power® The HOP®, Fitness4x4® or the Site that we or they consider would be of interest to you. If you do not wish to receive any such information, please let us know by sending us a clear e-mail explaining this to [email protected]. We may transfer our databases containing your personal information if we sell our business or part of it. Other than as set out in this paragraph, we shall NOT sell or disclose your personal data to third parties without obtaining your prior consent unless we are required to do so by law.