Terms & Conditions
We store details of your order and these terms and conditions (which together form the contract between us) and will send you details of your order and our terms and conditions via email following the placing of your order. The details about your recent orders can be found in your customer login area.
You can find our terms and conditions here at all times and you should print a copy of these terms and conditions for your future reference.
1. Information about us
1.1 www.equifitness.co.uk is a site operated by Equifitness, Silke Ceruti. Our registered office is Equifitness, 41 Ellis Road, Crowthorne, RG45 6PR.
2.1 “Customer” means the person who buys or agrees to buy the Products from the Seller.
2.2 “Conditions” means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
2.3 “Delivery date” means the date specified by the Seller when the Products are to be delivered.
2.4 “Products” means those goods specified.
2.5 “Price” means the price for the Products including VAT but excluding shipping.
2.6 “Seller” means www.equifitness.co.uk.
2.7 “Consumer” shall bear the meaning ascribed in section 12 Unfair Contract Terms Act 1977.
3. Orders and Conditions applicable
3.1 Nothing in these conditions shall affect the Customer’s statutory rights as a consumer.
3.2 The Seller shall sell and the Customers shall purchase the products in accordance with any written quotation of the Seller which is accepted by the customer, or any written or verbal order of the Customer which is accepted by the Seller including but not limited to orders placed using the Seller’s electronic online ordering service, subject in any case to these conditions, which shall govern the contract to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted, or any such order is made or is purported to be made, by the Customer.
3.3 Any typographical or clerical or other error or omission 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.
3.4 No statement, description, warranty condition or recommendation contained in any catalogue, price list or advertisement or communication or made verbally by any of our agents or employees shall be construed to enlarge, vary or override in any way thereof any of these conditions.
3.5 The Customer agrees to pay for any loss or extra cost incurred by the Seller through the Customer instructions or lack of instructions or through failure or delay in taking delivery or through any acts or default on the part of the Customer, its servants, agents or employees.
3.6 The Seller reserves the right to cancel any orders placed, if for any reason the Seller is not able to supply the products ordered by the Customer. Any payment received by the Seller will be refunded as soon as possible, and in any case, within 30 days of the day we notified you via e-mail of the order cancellation. The Seller will not be obliged to offer any compensation for disappointment suffered. The customer bears the cost for returning ordered products.
3.7 Any custom-made product is excluded from the provisions in 3.6. Returns are only permitted if the ordered product shows material faults or colours other than stated in the order.
4. Risk and title
4.1 Risk of damage to or loss of the products shall pass to the Customer upon delivery.
4.2 Notwithstanding any other provision herein title in the products shall not pass to the Customer until the Seller has received in cash or clear funds payment in full.
4.3 The Customer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the products which remain the property of the Seller, but if the Customer does so all moneys owing to the Seller shall (without prejudice to any other right or remedy on the Seller) immediately become due and payable.
5. Price and payment
5.1 Save as provided otherwise herein the price shall be that as stipulated in the Seller’s published price list current at the date of order of the products. Any event of any increase in the cost to the Seller of raw materials, labour, overheads, or any increase in taxes or duties, or any variation in exchange rate the Seller may increase the price payable under the contract upon notice. If notice of price increase is given by the Seller, the Customer shall have the right to cancel the order and receive back any sums they have paid. Notice of cancellation must be received in writing by the Seller within 7 days of delivery of the notice of price increase to the Customer.
5.2 Payment of the price shall be due at the date of the order. Time for payment shall be of the essence. If the Customer does not pay the price on notification of shipment the Seller may bring an action for the price even though property in the products has not been passed to the Customer. If the Customer fails to make payment as required the Seller may suspend delivery of the products or any further products ordered until payment is made in full.
5.3 When an order is placed, we will send out an order confirmation by email confirming the order with us. This constitutes a contract between you the Customer and us (Equifitness), the Seller.
5.4 Our site contains a large number of products and it is always possible that, despite our best efforts, some of the products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a product’s correct price is less than our stated price, we will charge the lower amount when dispatching the product to you. If a product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the product, or reject your order and notify you of such rejection. We are under no obligation to provide the product to you at the incorrect (lower) price. The company reserves the right to cancel any orders placed at that price and return in full any payment received.
5.5 Payment for all products must be by bank transfer, credit, debit card or paypal. We accept payment with Visa, Visa electron, Maestro, Solo, Mastercard. Payment of the price and delivery charges must be made in full prior to dispatch of the order.
6.1 The quantity and description of the products shall be set out in the Seller’s quotation.
6.2 The Seller may make any changes in the specification of the products which do not materially affect their quality or performance required to conform with any applicable statutory requirements where the products are supplied to the Seller’s specification.
6.3 Dimensions where specified, are supplied by the manufacturers and displayed by us in good faith. They should be regarded as being for assistance only. If you are ordering an item where accurate dimensions are important, please contact us before ordering and we will make further enquiries on your behalf. Photographs are for illustrative purpose only, and may not exactly match the product itself.
7. Acceptance of the Products
7.1 Other than where the Customer acts as a consumer the Customer shall be deemed to have accepted the Products 5 working days after delivery to the Customer.
7.2 After acceptance the Customer shall not be entitled to reject products which are not in accordance with the contract. Please check all items thoroughly before signing the delivery disclaimer which will be handed to you on delivery. Upon accepting the items they should be checked and then signed for, any damages should be noted on the consignment sheet, if there is clear damage the goods should be refused by the Customer, who should in turn call our Customer services department. It is your responsibility to examine the goods for damage prior to signing for receipt of the goods. If you are not pleased with the condition of the goods you should inform the driver and refuse delivery.
7.3 Defective products must be notified to the Seller by email within 3 days of delivery, failure to do so shall be deemed as acceptance of the goods.
8. Returns and cancellation policy
8.1 An order may be cancelled at any time between the placement of the order and 30 days following delivery of the goods. Any custom-made product is excluded from these provisions. Custom-made products may be cancelled within 3 days after the order date. Returns are only permitted if the ordered product shows material faults or colours other than stated in the order. If the Customer is dissatisfied with his/her purchase for any reason he/she may, within 14 days of delivery, contact the Seller’s Customer service department to arrange for collection / return of the goods.
8.2 You must inform us in writing, or in another durable medium, if you wish to cancel. This includes letter, fax or email. A phone call is not acceptable. Please contact us as soon as possible to inform us that you wish to cancel you order, by e-mailing firstname.lastname@example.org. We regret that we cannot accept a cancellation after the 14 day notification period has expired.
8.3 Any money which you have paid minus the cost of collection/return carriage cost will be refunded provided that the Seller receives the goods in the original condition and packaging they were in at the time of delivery to the Customer. We will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will process the refund due to you as soon as possible and, in any case, within 14 days of the day we receive the cancelled goods from you. If you wish to return or reject an item forming part of a multi-item order and you have been given a discount based on total order value, then, in calculating your refund, Equifitness will take into account any lower level of discount that would have been available on the other items in the order had the returned item not been included i.e. the refund given on the returned item will be reduced to take into account the lower discount available on the other items in your order as a result of the reduction in total order value arising from the return.
8.4 Where items are unwanted, you will be responsible for the return collection or return postage cost. Returned goods should be adequately insured during return postage. Unwanted items must be returned unmarked and in their original packaging. If our carrier has been instructed to collect the goods to be returned and you do not have the original packaging, please notify us in advance so we can arrange for adequate packaging to be taken at the time of collection. If items are not in their original packaging and you have not notified us of this before collection, they will not be collected and a charge of up to £20.00 will be levied to cover the cost of failed collection.
8.5 Aas set out in clauses 3.7 and 8.1, bespoke goods cannot easily be offered for resale, so they are classed as special/made to order items and are not eligible for return/refund, unless for reasons specified in above clauses.
8.6 Goods that are damaged on arrival with the Customer will be replaced at no additional cost. It is in the Customers own interests to unwrap and fully examine all items at the time of delivery.
8.7 Faulty or damaged products must be notified to the Seller by email within 3 days of delivery, failure to do so shall be deemed as acceptance of the goods. In the unlikely event that your goods do arrive faulty please e-mail email@example.com within 3 days following delivery to report damage, claims must be supported by photographs so that we can arrange for the goods to be returned or repaired (if suitable for repair and agreed with our Customer as the desired course of action). It is the responsibility of the Customer to show the damage has not been caused by any misuse or mishandling following delivery. Please ensure any faulty product is returned in its original condition and packaging. If once the product has been returned and inspected by the manufacturer, it is deemed not to be faulty, you will be responsible for the collection cost. If goods are defective and have been reported within the timescale required but cannot be repaired or replaced and are subsequently returned/collected and a refund issued, the Customer is not entitled to return any other products from his/her order other than in accordance with these Terms & Conditions and their statutory rights.
9. Warranties and liability
9.1 We accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
9.2 Most goods supplied by the Seller come with a manufacturer’s warranty of 3 months.
9.3 The Seller shall provide the Customer with such information as is required to claim under the manufacturer’s warranties. In the event of a claim, the Customer shall in the first instance contact the Seller’s Customer service department.
9.4 The Seller does not provide any warranty cover against defects in his own right. Except where the Customer acts as a consumer all other warranties, conditions and terms relating to fitness for purpose, satisfactory quality or conditions of the products whether implied by statute or common law or otherwise are excluded to the fullest extent of the law.
9.5 Insofar as is permitted by law, our only liability to you under these terms and conditions will be, at our sole discretion, to make good any shortage or non-delivery, to replace or repair any goods which are received by you in a damaged or defective state or to refund to you any sums actually paid by you for the goods in question. We will not be liable to you for any indirect or consequential loss or damage arising out of any problem you notify to us and will have no liability to you for any failure or delay in delivering goods or any damage or defect in goods delivered which is caused by any event or circumstance which is beyond our reasonable control. Nothing in this clause affects your statutory rights as a consumer.
10. Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to Equifitness, 41 Ellis Road, Crowthorne, RG45 6PR or firstname.lastname@example.org. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in paragraph 10. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
12. Transfer of rights and obligations
12.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
12.2 You may not transfer, assign, charge or otherwise dispose of a contract, or any of your rights or obligations arising under it, without our prior written consent.
12.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any of our rights or obligations arising under it, at any time during the term of the contract.
13. Events outside our control
13.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
13.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) Strikes, lock-outs or other industrial action.
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks.
(f) The acts, decrees, legislation, regulations or restrictions of any government.
13.3 Our performance under any contract 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.
14.1 If we fail, at any time during the term of a contract, to insist upon strict performance of any of your obligations under the contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
14.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
14.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with paragraph 11 above.
If any of these terms and conditions or any provisions of a contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
16. Entire agreement
16.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
16.2 We each acknowledge that, in entering into a contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such contract except as expressly stated in these terms and conditions.
16.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
17. Insolvency of Customer
17.1 This clause applies if:
-The Customer makes any voluntary arrangements with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt, or (being a company) goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction) or
-An encumbrance takes possession, or a receiver is appointed, of any of the property or assets of the Customer, or
-The Customer, not being a consumer, ceases, or threatens to cease, to carry on business, or
-The Seller reasonably apprehends that any of the events mentioned above is about to occur in relation to the Customer and notifies the Customer accordingly.
17.2 If the clause applies, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to cancel the contract or suspend any further deliveries under the contract without any liability to the Customer, and if the products have been delivered but not paid for the price shall become immediately due and payable that despite any previous arrangement or agreement to the contrary
18.1 The headings of the clauses in these conditions are intended for reference only and will not affect the construction of these conditions.
19. Our right to vary these terms and conditions
20.1 Delivery of the products shall be made by the Seller or an agent notifying the Customer about delivery to such place as the Customer may specify at the time the order is placed.
20.2 We may accept special delivery instructions at the time of ordering online or when ordering by phone. By giving these instructions you are accepting responsibility for your order delivery and understand that no claim can be made against our selected courier companies or Equifitness for missing / stolen / damaged items under these instructions.
20.3 Upon receipt of your order, Equifitness will send you an order confirmation, via e-mail, (or post if e-mail is unavailable). Custom-made items will be delivered within the time frame stated on the product page. Where items ordered are in stock, we aim to dispatch orders within 3 working days. If out of stock, we will contact you straight away via telephone/email to notify you of the expected due date to see if you are happy to wait for the item.
20.4 The Seller shall use his reasonable endeavours to meet any date agreed for delivery. Whilst we make every effort to ensure delivery within the stated timescale, we shall not be liable for any losses, costs, damages or expenses incurred by the Customer or any third party arising directly or indirectly out of any failure to meet any estimated delivery time. In any event time of delivery shall not be of the essence.
20.5 In the event of any delays with stock availability issues, we will keep Customers regularly informed to the expected delivery time of goods.
20.6 Orders for delivery to addresses within mainland UK and Ireland are delivered at a flat rate. See Delivery terms for further information, which form part of these terms and conditions.
20.7 Should you want to order from a different shipping zone than the UK or Ireland, please contact us on 079 222 46814 or email your postcode to email@example.com.
20.8 Generally, where an order contains more than one item all items will be delivered at the same time once all items are available.
20.9 When items are in stock and ready to be dispatched, these should be delivered between 3-5 working days from the date they are collected from us by our courier, however it can occasionally take longer. You will need to be available to receive your delivery at the property during the allocated time slot provided by the courier. We will send you a tracking email as soon as the items have been collected from our warehouse to enable you to track your delivery and plan for its arrival. All Items/packaging must be checked on delivery before signing the delivery documents from the courier company. Any noticeable damages to packaging must be signed for as damaged and noted on the paperwork before the departure of the delivery drivers/ courier.
20.10 Equifitness reserves the right to amend the delivery charges at any time.
20.11 Equifitness reserves the right to cancel any International order should ordered items contravene export regulations and/or carriage restrictions.
Terms of website use
Accessing our site
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.
You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
Intellectual property rights
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. None of the content of the website may be downloaded, reproduced, transmitted, copied, stored, sold or distributed without the prior written consent of the copyright holder. This excludes downloading, copying and/or printing of pages solely for your personal, non-commercial use. All such rights are reserved.
Reliance on information posted
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
Our site changes regularly
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
• All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
• Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
• loss of income or revenue;
• loss of business;
• loss of profits or contracts;
• loss of anticipated savings;
• loss of data;
• loss of goodwill;
• wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
Information about you and your visits to our site
Transactions concluded through our site
Contracts for the supply of goods formed through our site or as a result of visits made by you are governed by our terms and conditions of supply.
Viruses, hacking and other offences
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
Linking to our site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice.
If you wish to make any use of material on our site other than that set out above, please address your request to firstname.lastname@example.org.
Links from our site
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
Jurisdiction and applicable law