- Terms & Conditions
Terms & Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United Kingdom and other copyright laws, and is the property of Total Fitness (Bath) Ltd. The collective work includes works that are licensed to Total Fitness (Bath) Ltd. Copyright 2013, Total Fitness (Bath) Ltd ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Total Fitness (Bath) Ltd or purchasing Total Fitness (Bath) Ltd products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Total Fitness (Bath) Ltd or to purchase Total Fitness (Bath) Ltd products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorised by Total Fitness (Bath) Ltd. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of Total Fitness (Bath) Ltd used in the site are trademarks or registered trademarks of Total Fitness (Bath) Ltd.
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Total Fitness (Bath) Ltd disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Total Fitness (Bath) Ltd does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Total Fitness (Bath) Ltd does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
LIMITATION OF LIABILITY
Total Fitness (Bath) Ltd shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Total Fitness (Bath) Ltd has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
PURCHASE OF PRODUCTS
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.
The steps required to create the contract between you and Total Fitness Bath are as follows:
- You place the order for your products on the Website by pressing the Buy button at the end of the checkout process. You will be guided through the process of placing an order by a series of simple instructions on the Website.
- We will send to you an order acceptance email containing details of the products you have ordered. This is not confirmation that the products are in stock and no payment will be taken at this time.
- Payment will be taken once the item is confirmed in stock and ready to dispatch.
- When your product ships, we will send you a despatch confirmation email.
Order acceptance and the completion of the contract between you and us will take place on the despatch to you of the Products ordered unless we have notified you that we do not accept your order, or you have cancelled it.
Non-acceptance of an order may be a result of one of the following:
- The product you have ordered is out of stock.
- We are unable to obtain authorisation for your payment.
- We identify a pricing or product description error.
The contract with Total Fitness Bath will be concluded in English.
Consumer Contracts Regulations 2013
This legislation offers you the following cancellation rights when you buy online or by phone:
- You are entitled to cancel your contract if you so wish, provided that you exercise your right no longer than 14 days after the day on which you receive the goods or services.
Your right to return products does not apply to the following:
- Bespoke or custom goods made to your specification such as hand built wheels or custom bikes
- Nutrition products such as bars or powders that have had the seal broken or packet ripped
- Goods received sealed for health protection or hygiene reasons once unsealed
- Sealed dvd’s or electronic equipment that contain sealed dvd’s that have been opened.
If you wish to exercise your right of cancellation, you are obliged to retain possession of the goods and take reasonable care of them.
To exercise the right to cancel, you must inform us, Total Fitness Bath Ltd of 3 Saracen Street, Bath, BA1 5BR of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or email). Our phone number is 01225 444164 and our email address is firstname.lastname@example.org You may also use the contact form on our contact us page to cancel your order. We will confirm your cancellation by return email as soon as we are reasonably able.
If you decide to cancel, you should return the goods to us within 14 days of such cancellation and we will reimburse to you (by the method used to pay for the original transaction) the amount in relation to goods to which cancellation rights apply. This includes the cost of delivery (except for the supplementary costs arising if you choose a type of delivery other than our standard and least expensive method of delivery).
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 such as damage & wear and tear. We will not accept any items that have been used and will not apply any refunds for items such as these.
We will make the reimbursement no later than 14 days after the day we receive back from you any goods supplied.
Total Fitness (Bath) Ltd will not accept liability for any items being returned that are lost through the postal system.
We are bound by The Consumer Rights Act & Alternative Dispute Resolution Regulations 2015. The ODR is an interactive platform that enables consumers, retailers and alternative dispute resolution (ADR) providers to handle cross-border ecommerce disputes online, to access this platform please follow this link: Online Dispute Resolution
If you have any concerns please contact us on email@example.com
DESCRIPTION OF PRODUCTS
Each Product purchased is sold subject to its Product Description which sets out additional Specific Conditions related to that Product including, without limitation, terms and conditions concerning estimated delivery dates and times, returns, delivery costs and product pricing.
We will take all reasonable care to ensure that all details, descriptions and prices of Products that appear on the Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information including Product Descriptions and stock availability appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order. We cannot confirm the price of a Product until your order is accepted in accordance with our order acceptance policy. We try our best to keep the information supplied to you correct and up to date but occasionally the information supplied too us and the accompanying stock images are incorrect. We will inform you are of any corrections before we complete the contract giving you fair time to cancel the contract if you so wish.
All photos, colours & specifications contained in this website are based on the latest production information at the time of publication. Manufacturers reserve the right to make changes at any time, without notice, to colours, materials, equipment, specifications and models. Mistakes within images supplied by manufacturers are not the responsibility of Total Fitness (Bath) Ltd.
TYPOGRAPHICAL ERRORS & PRICING
In the event that a Total Fitness (Bath) Ltd product is mistakenly listed at an incorrect price, Total Fitness (Bath) Ltd reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Total Fitness (Bath) Ltd reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card has not been charged. If your credit card has already been charged for the purchase and your order is cancelled, Total Fitness (Bath) Ltd shall issue a credit to your credit card account in the amount of the incorrect price. All of our prices include VAT with the exception of VAT exempt products such as helmets and nutrition.
We accept payment from most major credit cards including Visa, Maestro, Mastercard, Solo, American Express, PayPal & cash. Sagepay process all of all payments made by debit or credit card. We are unfortunately unable to accept payment in the form of a cheque. Finance is available for items over the value of £400, terms & conditions apply, subject to status.
We hope that you're pleased with any purchase you've made or service you've received from Total Fitness Bath, but if you are unhappy with any aspect of our service, please let us know and we will try our best to correct it. You can contact us using the contact form on our website, by calling us on 01225 444164 or emailing us at firstname.lastname@example.org
We do not use premium rate numbers and call charges are at the basic rate that your provider will charge. Our free phone number at 0800 096 3874 is available for use, please note that this number is not currently free from your mobile.
All new goods purchased from Total Fitness (Bath) Ltd are covered by full warranty. The duration of this warranty is at least 1 year but some manufacturers offer extended warranty. Warranties cover manufacturing faults and defects and do not cover damage caused by crashing, abuse, general wear and tear etc. If you feel that the product you have purchased from Total Fitness (Bath) Ltd has developed a fault then please contact us before returning goods as many problems may be solved without you incurring postage costs. If the goods need to be returned they must be clean and returned with a full explanation of the problem and the original receipt. We will then endeavour to either repair or replace the item.
Bike frames from Specialized are covered by a Lifetime Warranty but the warranty does not cover damage listed above. The warranty strictly covers manufacturing defects only. Please contact us for further details.
TOTAL FITNESS BATH GIFT VOUCHERS & GIFT CERTIFICATES
Total Fitness gift vouchers can be exchanged for goods in our shop, and online gift certificates can be used to purchase goods online and over the phone.
Gift vouchers may not be exchanged for cash.
If the goods purchased online total less than the value of the gift certificate, any balance will be left as a credit for you with totalfitnessbath.co.uk, and will be redeemed against subsequent orders.
Gift vouchers be used for the purchase either directly or indirectly of any financial product or service such as bike finance, including new gift vouchers.
When redeeming gift vouchers online or over the telephone for products available via totalfitnessbath.co.uk, you will be required to give your name and address to verify your identity.
If you have to return goods you have purchased online using gift certificates, then we will credit your online shopping account against further purchases. This does not affect your statutory rights.
Coupons, discounts and promotional discount codes offered by totalfitnessbath.co.uk are valid only for use as part of a purchase made via the website, unless otherwise stated. Such promotional discounts are not valid for use as part of a purchase in our shop, or for telephone orders.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Total Fitness (Bath) Ltd without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Total Fitness (Bath) Ltd may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Total Fitness (Bath) Ltd.
Your use of this site shall be governed in all respects by the laws of the United Kingdom, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Total Fitness (Bath) Ltd products) shall be in the Courts of England and Wales and no where else. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Total Fitness (Bath) Ltd products) must be commenced within six (6) years after the claim or cause of action arises. Total Fitness (Bath) Ltd's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Total Fitness (Bath) Ltd may assign its rights and duties under this Agreement to any party at any time without notice to you.
USE OF SITE
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Total Fitness (Bath) Ltd or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offence, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organisation.
Total Fitness (Bath) Ltd does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Total Fitness (Bath) Ltd is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Total Fitness (Bath) Ltd reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Total Fitness (Bath) Ltd in its sole discretion.
You agree to indemnify, defend, and hold harmless Total Fitness (Bath) Ltd, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, Total Fitness (Bath) Ltd may link to sites operated by third parties. However, even if the third party is affiliated with Total Fitness (Bath) Ltd, Total Fitness (Bath) Ltd has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Total Fitness (Bath) Ltd. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Total Fitness (Bath) Ltd seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).