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 stated in clause 5.2 below or by e-mailing us at [email protected] Alternatively, you may fax us on 0208 349 3311 or call 0208 349 3311.
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.
2.13 If any Product has been customised to your design, you shall ensure that your design does not breach or infringe any laws, regulations or bye-laws of any jurisdiction or any intellectual property rights or privacy rights of any person and is not defamatory or offensive. You shall indemnify us and keep us indemnified for all losses, damages, costs, claims and liabilities that we may suffer or incur as a result of you breaching this provision.
2.14 If you select the option to make a payment directly into our bank account, please take extra care that you have used the correct account numbers in your transfer request as payments made to the incorrect account details may not be recoverable and will not be refundable.
2.15 If you select the option to make a payment directly into our bank account, we will not dispatch items until payment has fully cleared in our account. Please note that if there is any delay in receiving this money into our account, this may affect overall order fulfilment time.
2.16 For all items mailed out from the official Fitness4x4 Store, we use either Royal Mail ‘1st Class’, Royal Mail ‘Signed For’ or Royal Mail ‘International Signed’.
2.17 If you select Royal Mail ‘1st Class’ only, we will send your item with Proof of Posting from an authorised Royal Mail Post Office to verify the time, date and location from where the item was sent, but the item will not have a tracking number. If the item is subsequently lost in transit, or goes missing at the receiver’s end we are unable to take responsibility for such a loss and will not replace any such lost items. If you are concerned about the possibility of your item not reaching you or the reliability of your local/national postal delivery service, we recommend that you select our ‘Royal Mail Signed For’ postage option for UK orders and Royal Mail ‘International Signed’ postage option for international orders, which will provide your item with a tracking number and will ensure that the item is fully accounted for throughout its journey from us to you. You can select your postage option at checkout.
3 Instructor Courses
3.1 Candidates should already hold (or be in the process of completing) a Level 2 Fitness Instructor, ETM or Personal Trainer qualification (or other equivalent industry recognised qualification) as a course pre-requisite and will be asked to provide evidence of such. CPD Points are available to REPs Registered L2 qualified Fitness/ETM Instructors and L3 PT’s only.
3.2 Access to the Fitness E-Learning Platform will be for an agreed time-frame only, typically 6 months from date of enrolment unless otherwise agreed.
3.3 Course candidate will be expected to complete Instructor Education and Certification within 6-12 weeks of enrolment and no later than a maximum of 9 months from start date.
3.4 All course candidates will be asked to provide a scanned copy of one form of photographic ID for the purpose of verifying their identity.
3.5 Course booking is transferable*, but non-refundable. (*Course booking may be transferred to a third party only if you have not already logged in and begun your distance learning.)
3.6 Should the enrolment period expire any completion of the programme would require either a new application or a re-activation of the existing enrolment which will be possible for up to 3 months from the end of initial expiry deadline, subject to the payment of a minimal admin fee of £15.00 and the payment of any difference in fees from candidate’s initial booking and current published course fees. Upon re-activation candidate will be granted an extension of a full 3 months from date of re-activation, within which time candidate must aim to complete certification and final assessment. (with a recommendation of 1-2 months as target training completion period, from the date of re-activation).
3.7 After the 3 month re-activation window following course expiry, a candidate’s only option will be to re-apply as a new course applicant, with full certification course fees due, as per current published course rates.
3.8 For Candidates who have purchased the Full Distance Learning certification option, attendance to a face-to-face training day or training weekend will be possible but will be chargeable to the amount of the difference in cost between the Distance Learning Course Fees already paid and the current published fees for the Hour of Power Instructor 2-Day Training Weekend at the time of request. (note: if there is no difference in published fees then no additional charge will apply).
4 Delivery of the Product
4.1 We aim to deliver the Product to you at the place of delivery requested by you in your order. Alternatively, you may let us know if you wish to collect the Product from us at our premises, in which case we shall tell you when it is ready for collection. We aim to deliver or let you know when the Product is ready for collection within the time indicated by us at the time of your order but we cannot promise an exact date at the time of your order. We shall not be liable to you for late delivery or for informing you late that the Product is ready for collection. Delivery times given by us or on the Site are estimates only. We may deliver in instalments.
4.2 When we confirm the date of delivery, we are unable to say at what time of day delivery is to take place. If you have specific delivery requirements, please contact us and we will try to do what we reasonably can to help.
4.3 On delivery of the Product, you may be required to sign for delivery.
4.4 In respect of an order that we accept, we shall inform you if we are unable to supply the Product to you within 14 days of the date on which you ordered it. However, if you have not received the ordered Product or (if you asked to collect it) you have not been informed that it is ready for collection within 28 days (or such other period as you and we may agree) of the date on which you ordered it, then you or we may cancel your order or the Contract. In that event, within 14 days of the end of that 28th day (or amended) period we shall refund to you or your credit or debit Card Company as applicable any money paid to us under the Contract.
4.5 To the extent permitted by law, we shall not be liable for any losses, costs, damages, charges or expenses that you may incur as a result of late delay or collection.
4.6 You shall own the Product when we deliver it to you or when you collect it. Risk in the Product shall pass to you on delivery or collection.
4.7 If you are not available to take delivery or collection at the designated time, we may leave a card giving instructions on either redelivery or collection from the depot.
4.8 If delivery or collection is delayed through your unreasonable refusal to accept delivery or to collect it (after you have told us that you would like to collect it), then we may (without affecting any other right or remedy available to us) do either or both of the following:
4.8.1 charge you for our reasonable storage fee and other costs reasonably incurred by us; and
4.8.2 notify you that we are immediately cancelling the Contract, in which case we will refund to you or your credit or debit card company as applicable any money paid to us under the Contract, less our reasonable charges for delivering and returning and (where applicable) creating to your order of the Product.
4.9 When sending out your item(s) we will always refer to your Shipping Address precisely as it has been provided to us in your Order Confirmation. If the address provided to us is inaccurate (or incorrectly formatted) and this results in the item not reaching you, we will not accept responsibility for replacing the lost item or refunding your original order. Please take care to provide us with an accurate and correctly formatted Shipping Address.
5 Returning the Product
5.1 THE REMEDIES IN CLAUSE 5 ARE ADDITIONAL TO AND DO NOT AFFECT YOUR STATUTORY RIGHTS, UNDER WHICH YOU HAVE THE RIGHT TO INSIST THAT GOODS THAT YOU BUY FROM BUSINESSES MUST CORRESPOND WITH THEIR DESCRIPTION, BE FIT FOR THEIR PURPOSE AND BE OF A SATISFACTORY QUALITY.
5.2 Subject to the rest of this clause 5, irrespective of your other rights for faults with the Product, you may return the Product to us for any reason at all if you are not happy with it provided that within 10 business days of delivery or collection of the Product you have returned it to us or notified us in writing or by e-mail that you wish to return it. The notice must be delivered by hand or sent by post to our address at:
32 Violet Avenue
Uxbridge, Middlesex UB8 3PR
5.3 or sent by e-mail to [email protected], or sent by fax to the number stated in clause 1.1 above. The return of the Product must be to this address. The notice shall be deemed to have been given on the day on which it was sent.
5.4 We shall not be obliged to accept returns of:
5.4.1 any custom-built or custom-designed Product; nor
5.4.2 any Product which is an item of clothing that has been worn or washed after delivery; nor
5.4.3 any audio or video recording, where the seal around it has been broken after delivery.
5.5 If you return the Product:
5.5.1 we will only accept it if you return it to us in its original condition. Please note that the Product is your responsibility until we receive it and if you send it by post we recommend that you send it recorded delivery and get a certificate of postage. You shall be responsible for paying all the costs of returning the Product. If we have not received the Product within 15 days of your notice of intention to return, you hereby authorise us to collect the Product from you and obtain from you or your credit or debit card company our reasonable charges for the cost of collection and return of the delivered Product under the cancelled Contract; and
5.5.2 within 30 days of your notice of intention to return, we shall refund the payment made by you or your credit or debit card company to us for our sale of the Product. Except where the Product is delivered to you in error or it is defective or otherwise did not conform to the Contract, we shall deduct our reasonable charges for collecting the returned Product from you.
6 Faulty Products
6.1 THIS CLAUSE 6 DOES NOT AFFECT YOUR STATUTORY RIGHTS.
6.2 If you tell us that the Product is faulty, you agree to keep the Product in its current condition available for us to inspect within a reasonable time.
6.3 In order to provide any remedies, we may need your assistance with the prompt provision of certain information regarding the Product.
6.4 If you return the Product, you must ensure that the Product is adequately packaged for carriage. We shall not accept any responsibility for damage caused by inadequate packaging by you.
6.5 If you would like us to repair, replace or provide a refund for the Product where it did conform to the Contract, or we find that the Product has been:
6.5.1 misused or subjected to neglect, carelessness, damage or abnormal conditions; or
6.5.2 involved in any accident or damage caused by an incorrect attempt at modification or repair; or
6.5.3 dealt with contrary to the instructions for the Product,
6.5.4 after delivery by us, we may at our discretion decide not to repair, replace or refund the Product and/or we may require you to pay all reasonable carriage costs and our current standard fees and costs and charge this to your credit or debit card.
7 Circumstances beyond our control
7.1 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. However, if you have not received the ordered Product within the agreed time in accordance with clause 4.4, you may cancel your order or the Contract.
8.1 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.
8.2 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.
9.1 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.
9.2 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.
9.3 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.
9.4 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.
9.5 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.
9.6 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.
9.7 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.
9.8 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.
9.9 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.