Terms and Conditions

OVERVIEW

This website is operated by Fitness Online Direct Ltd, d/b/a Extreme Fitness. Throughout the site, the terms “we”, “us” and “our” refer to Extreme Fitness. Extreme Fitness offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, and merchants.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

SECTION 1 - ONLINE STORE TERMS

Extreme Fitness endeavour to keep product information as up to date as possible. However, specifications are liable to change without notice. Product photographs are intended to illustrate the particular model but may, occasionally, not reflect the product as sold. Unless specifically stated, weights, bars and other accessories shown on photographs are not included - please call for further details on any particular product.

While every effort is made to provide accurate and up to date information, Extreme Fitness cannot be held responsible for any errors or omission on our website or brochures.

All orders made by you through the Website are subject to acceptance by us. We may choose not to accept your order for any reason and providing no payment has been taken nor any explicit acceptance of your order has been accepted, we will not be liable to you or to anyone else in those circumstances.

After submitting an order to us we will send you an order acknowledgement email with your order number and details of the goods that you have ordered. Please note this email is an acknowledgement and is not an acceptance of your order.

Any email or other electronic acknowledgement by us of receipt of an order placed by you does not constitute legal acceptance by us of your order.

Nothing in these terms and conditions affect your statutory rights.

By agreeing to these Terms of Service, you represent that you are at least the age of maturity in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose, or violate any laws in your jurisdiction (including but not limited to copyright laws).

SECTION 2 - VAT

All products listed in our retail shop are priced inclusive of VAT. All products listed in your shopping cart are priced including VAT and will also show the amount excluding. If you would like a VAT invoice, please contact us and we will provide one to your email address.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Although Extreme Fitness endeavour to ensure that all pricing information on the website is accurate, occasionally an error may occur and goods may be mispriced. If a pricing error is discovered or an order is placed at the erroneous price we will, at our discretion, either: contact you and ask you whether you wish to cancel your order or continue with the order at the correct price; or notify you that we have cancelled your order. We will not be obliged to supply goods at the incorrect price

SECTION 5 - PRODUCTS OR SERVICES (IF APPLICABLE)

For certain goods, information concerning stock availability is not available on the Website. If you order goods which are not available from stock, we will contact you by e-mail and you will have the option to wait until the goods are available from stock, or cancel your order in accordance with our cancellation and returns policy. In the event your order is cancelled, we will refund any payment already collected from you in respect of that order, in accordance with our cancellation and returns policy.

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools” as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our website may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION

All customer information will be treated under the terms of the Data Protection Act. We will not pass on your details to other companies. We may identify and inform you of other products and services offered by Extreme Fitness which would be of interest to you. You must tell us if you do not wish us to do so.

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

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information on our website or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 – YOUR STATUTORY RIGHT TO CANCEL

Under Consumer Contracts (Information, Cancellation and Additional Charges) Regulations, you have the right to cancel most products purchased from us using distance means and receive a full refund within 14 days of delivery. We must be notified of your intention to cancel in writing or email and the cost to return the goods will be the responsibility of the customer. Please note any items that are clearly personalised or made specifically to the consumers specifications are exempt from these regulations. We also reserve the right to make a deduction from refunding the full purchase price if we believe (on examination of the returned goods) that they exhibit use (including self-assembly and attempts at disassembly). The amount of deduction will be based on the extent of the diminishment in the goods value.

Under the terms of the aforementioned Regulations you have the right to cancel any service (purchased using distance means) we offer and seek a full refund within 14 days beginning the day after the contract is concluded.

However, by you agreeing that we commence carrying out this service before this cancellation period has expired, Extreme Fitness wish to inform you (the consumer) in writing that you will not be able to cancel this contract of service under the regulations once the performance of the installation service has been completed.

We will ask you to sign a form to this effect immediately prior to installation. Please note this does not negate your rights to have any incomplete or faulty workmanship corrected by us. Consequently, you will not be eligible for any refund in relation to any specific charges we have made for the installation of these goods.

SECTION 13 - WARRANTIES

All new equipment sold by Extreme Fitness is covered by a minimum one-year parts and labour cover (excludes parts-only products) for domestic use only, (excluding consumable parts), unless the item states it is suitable for light commercial or commercial use. In many cases the warranty is greater than this. The warranty on equipment we sell varies from type of product. It can include a full-on site repair facility or a 'back to base' warranty. In some cases, where there is a minor fault, we will send a replacement part for the customer (This warranty excludes consumable parts and damage caused by accident, or misuse). Equipment sold for home or commercial use, is warranted for use in a normal habitable building environment. We reserve the right to cancel warranties (on certain types of equipment) if equipment is used in a non-standard environment, this may include external buildings such as Sheds and Garages, and areas close to a swimming pool, where the

ambient temperature varies significantly from a standard environment. Warranty for light commercial or full commercial equipment varies, please contact our sales department to clarify warranty status on individual equipment.

If an item develops a fault, please contact us stating the equipment you have, (brand and model number), order number and a brief description of the fault. Extreme Fitness will either arrange to send a part for the customer to fit, if this is practical and simply applied or affixed by a reasonable person, send an engineer to site, or in some instances, ask that the goods be returned to our warehouse for examination. Goods must be well packaged prior to collection. No goods will be accepted into our warehouse without prior authorisation from Extreme Fitness. Extreme Fitness will then repair or replace the equipment with an equivalent or better model and deliver the goods back to the customer at our expense.

Please note all equipment is warranted for mainland UK use. In certain circumstances, we may extend this to cover parts and or labour out with UK mainland, or we may offer a ‘back to base’ labour warranty. In cases of ‘back to base’ for goods out with UK mainland warranty, the customer may have to cover the cost of shipping to and from ‘base’, for further information, please contact us prior to purchase.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Extreme Fitness and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 – FURTHER GOODS CANCELLATION POLICY

If goods have been dispatched, we also offer customers the opportunity to return goods beyond 14 days but no later than 60 days of receipt of your goods. In cases such as this the following conditions will apply. The cost of postage, packaging and insurance to return the goods will be borne by the customer and goods must be received by us in perfect condition and in their original packaging. The cost of delivering the goods will be deducted from any refund. Extreme Fitness reserve the right not to accept the goods at our warehouse and/or not to issue a refund or credit. Any costs to redeliver the goods will be payable in advance by the customer. If the goods have been removed from their original packaging or assembled, your option to cancel may be forfeited.

Our Standard 14-60 day online return options apply to goods purchased for domestic use only. These options do not apply to equipment purchased for use by a business, commercial equipment, or for any ‘special order’ items. Special or custom order items, are goods that are not normally stocked by Extreme Fitness and have had to be ordered specifically for a customer. Mail Order Returns/Ex. Display Models are classed as ‘one off’ ‘special order’ items, and as such are not covered by our standard 14-60 day online return option. Any free gifts received with your order must be returned if an order is cancelled.

Please note: our couriers do not collect any unpackaged goods.

All order cancellations or returns must be notified to us by e-mail or by writing to our head office only. If you wish to cancel or return goods please e-mail our Customer Service Department at the address below and we will issue a Return Materials Authorisation (RMA). Goods must be returned to us within 7 days of receipt of RMA.

If you wish to return goods, please email info@extremefitness.co.uk

No cancellation of order will be accepted after 60 days from delivery of goods.

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to services constitutes the entire agreement and understanding between you and us and govern your use of services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

These Terms of Service shall be governed by and construed in accordance with the laws of England & Wales.

SECTION 19 - COMPLAINTS

Extreme Fitness take all of our customers seriously and we try to offer them the best possible service available, however if you feel you have something to complain about please contact us.

SECTION 20 – CUSTOMER SERVICE

For customer service please use the contact us page.

All prices quoted are correct at time of going to press, due to circumstances beyond our control these may change, including rate of Value Added Tax. The price levied will be confirmed at the time of ordering.

Incorrect/Faulty goods must be returned to us before replacements will be dispatched.

We strive to keep the majority of the products listed on our website in stock at all times. Occasionally some items are out of stock. If you order an item that is out of stock, we will contact you within 48 hours (2 working days) and advise you when the item is due back in or of any comparable product that is available.

Refunds will be made in the original payment method and within 14 days of our receipt of goods. All refunds must be authorised by our staff.

NB. All due dates shown on the website are an estimate of when delivery is expected in to our warehouse and is updated regularly the closer stock gets. Any back-order products will be normally be despatched within 2 working days of the goods arriving in our warehouse.