Any statutory consumer rights enjoyed by you are not affected in any way by these terms and conditions.
1. DISCLOSED AGENCY
1.1. This website is operated by us for and on behalf of Physique Sports Limited (trading as Home Fitness Direct) (registered number 7540334) who can be contacted at Physique Industrial Park, Barrowford Road, Colne, BB8 9AJ
1.2. If you have any questions regarding this website, these terms and conditions, or your order, please make contact using the Contact Form or by using the details below:
Post: Home Fitness Direct, c/o Physique Sports Limited, Barrowford Road, Colne, BB8 9AJ
1.3. At all times we shall be acting as the disclosed agent of Physique Sports Limited in respect of all sales transacted through this website.
1.3.1. All contracts entered into by you when you place an order, will be contracts between Physique Sports Limited and you.
1.4. Physique Sports Limited shall have full contractual responsibility and liability for all goods delivered.
2. APPLICATION OF TERMS.
2.1. These terms and conditions will apply when you place your order.
2.2. These terms and conditions make repeated use of certain terms which we have defined in condition 12.
2.3. If when placing your order you are able to agree unconditionally to the terms and conditions, please tick the box confirming your acceptance of these terms and conditions. If in the course of attempting to place your order you do not tick the acceptance box, you will be unable to place your order with us.
2.4. Before you place your order, 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 these terms and conditions on each occasion you use the website.
2.5. Please print these terms and conditions and any email we send you for future reference.
3. SIZE AND SUITABILITY
3.1. All sizes and measurements stated by us in relation to the goods are approximate only. It is your responsibility to ensure that the goods are not too big to be delivered through your door.
3.2. We are unable to guarantee that the materials in the goods delivered to you accurately reflect the colours displayed on the website, due to variations in light and colour between different computer monitors.
3.3. The goods are sold for domestic, non commercial use.
3.4. Before using the goods, we recommend that you take medical advice as appropriate
4. PRICE AND PAYMENT
4.1. Any price displayed on the website shall be subject to change at any time.
4.2. All prices are shown in UK £s sterling and include value added tax (where applicable) at the applicable current rate.
4.3. Whilst we try to ensure that all prices on the website are accurate, errors may occur. 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 your order as cancelled.
4.4. Title to any goods shall pass to you on delivery of the goods provided that we have processed and received payment in full for the goods.
5. ORDER PROCESS AND CONTRACT CREATION
5.1. The steps required to create a contract of sale between you and us are as follows:
(a) on the website, you will be guided through the process of placing your order by a series of simple instructions;
(b) you will place your order by pressing the order confirmation buttons during the check out process;
(c) when you have placed your order, we will send you your order confirmation email detailing the goods and the price and a reference to these terms and conditions. Please note that this email is not an acceptance by us of your order or evidence of any contract;
(d) Your order is always subject to our acceptance. Our acceptance of your order and the completion of the contract between you and us will take place when the goods are dispatched to you.
6.1. Delivery of goods can only be made to mainland UK and Northern Ireland addresses. We cannot deliver to the Channel Islands, Isle of Man, Orkney, Shetland and Scottish Islands, BFPO addresses, or the Republic of Ireland. All goods must be signed for by an adult aged 18 years or over on delivery.
6.2. Delivery charges and estimated timescales are detailed in the website and when you place your order. We make every effort to deliver your order within the estimated timescales and in any event within 30 days of the date of order. However postal delays are occasionally inevitable due to unforeseen factors.
6.3. Risk of loss and damage to your order passes to you on the date when the goods are delivered or on the date of first attempted delivery by us.
7. SUBSTITUTE GOODS
7.1. We will never supply you with substitute goods without your express agreement.
8. CANCELLATION RIGHTS AND RETURNS
8.1. You may cancel your order no later than 7 workings days after the date of delivery of the goods by delivering a cancellation notice using this website or by email to the address email@example.com.
8.2. If you cancel your order:
(a) you must at your own cost and expense, return the goods to us at our returns address detailed in condition 8.2, unless they are not of satisfactory quality, fit for purpose or as described within the meaning of the Sale of Goods Act 1979 in which case:
(i) we shall arrange for the goods to be collected from you at our own cost and expense: or
(ii) we will reimburse you the reasonable delivery costs incurred by you in returning the goods to us.
(b) you must re-pack the goods in their original packaging and take reasonable care of them whilst they are in your possession;
(c) within 30 days of your cancellation of your order, we shall provide you with a refund of the price paid for the goods, less any price paid by you for any non standard delivery service, subject to condition 8.3.
(d) our returns address is:
Home Fitness Direct
Colne BB8 9AJ
8.3. Where the goods are delivered with reference to a non standard delivery service, you acknowledge and agree that you have asked us to perform this service before the expiry of the statutory 7 day cooling off period. As such, in the event you subsequently cancel your order, pursuant to Regulation 13(1)(a) of the Consumer Protection (Distance Selling) Regulations 2000, you shall have no right to obtain a refund of the price paid for the non standard delivery service.
9.1. All of our goods are guaranteed against defects in manufacture and material for a period of 12 months from the date of delivery. Should any defect arise during this time, we shall at our expense, repair or replace the defective goods (or any part of them) on a like for like basis, provided that the defect has not arisen as a result of:
(i) fair wear and tear;
(ii) misuse or abuse;
(iii) non domestic or commercial use;
(iv) the goods being installed except as otherwise in accordance with accompanying written instructions or good industry practice.
9.2. All claims under the guarantee must be notified to Physique Sports Limited by email to the address firstname.lastname@example.org.
10.1. Any contract between you and us shall be governed by the laws of England and any dispute between us will be resolved exclusively in the courts of England.
10.2. Our maximum liability to business users arising out of or in connection with the goods shall be limited to the replacement value of the product in question (except in the case of death or personal injury caused by our negligence or in respect of fraud). In relation to business users, we do not accept liability for the fitness of goods for business purposes, nor do we accept liability for loss of use of the item nor any loss over and above the cost of the item in the event of a claim for breach of warranty or condition.
11. DATA PROTECTION
11.1. Your privacy is very important to us. Please review our Data Protection Policy which explains how we will use your personal information that you disclose to us when placing the order.
12.1. In these terms and conditions:
"we", "us" or "our" means OTB AFFINITY LIMITED (company number 07233757) with registered office Escher House, 116 Cardigan Road, Leeds, LS6 3BJ;
“goods” means the goods confirmed in our acceptance email;
“order” means your order made by you, using the website, to purchase goods from us;
“website” means the website with the address www.homefitnessdirect.co.uk;
“you” or “your” means you, the user of the website and/or purchaser of the goods.