“Buyer” or “You” means the person who buys or agrees to buy the Goods from the Seller;
“Consumer” shall have the meaning ascribed in section 12 of the UK Unfair Contract Terms Act 1977;
“Contract” means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions;
“Goods” or “Product” means the articles that the Buyer agrees to buy from the Seller;
“Seller” or “Us” or “We” means JK Fitness Limited 53 Chatsworth Court Pembroke Road London W8 6DH, United Kingdom
“Terms and Conditions” means the terms and conditions of business set out in this agreement and any special terms and conditions agreed in writing by the Seller;
“Website” refers to www.AB-MXR.com
2. Important General Terms:
These Terms and Conditions, which incorporate the Terms & Conditions of the Use of our Website (which follow below), shall apply to all contracts for the sale of Goods by Us to You and shall prevail over any other documentation or communication from You. Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by Us.
Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.
3. Your Health & Safety:
Although exercise should be an integral part of a healthy lifestyle, it would be sensible to consult a doctor before starting any exercise regime.
Always read the owner’s manual/ instructions before using the equipment and ensure it is located and used safely and in accordance with the instructions.
4. Product Suitability:
It is the responsibility of the buyer to check the product ordered is suitable for the type and intensity of use expected. Please ask us if You are in doubt as to the suitability of a piece of equipment – we will be pleased to help.
5. Price And Payment:
We accept payment by Switch, Maestro, Visa & MasterCard.
Full payment for the order is required at the time of ordering so that stock may be allocated accordingly. Orders will not be accepted without payment at the time. This also applies to Goods ordered but not in stock at the time of the order where the You wish us to allocate the Goods to You once our distributor has received and advised us of the shipping date.
We are however prepared to accept a provisional order for Goods when not in stock, and without payment, on the understanding that although such Goods will not be allocated to the provisional order and without responsibility on our part we will endeavour to advise You when a stock delivery date has been received. This being with a view to enabling you to order and pay for Your order at that time, always assuming we have the stock available after meeting allocated orders.
The price of the Goods shall be that stipulated on the Website. The price is inclusive of VAT. The price excludes delivery charges.
The total purchase price, including delivery charges if applicable, will be confirmed at the time of the telephone order or subsequently by email in the case of online orders.
After the order is received the Seller shall confirm by email or telephone the details, description and price for the Goods together with information on the right to cancel if You are a Consumer.
Security protection is provided through.
All deliveries will be made by our appointed UK distributors’ or their appointed third parties.
Goods supplied within the UK will, subject to availability, normally be delivered within 5 working days of acceptance of Your order.
Deliveries are made between 9.00am and 5.00pm Monday – Friday.
Our distributors will agree a specific date for delivery of the goods however they cannot guarantee a delivery (as they may be effected by circumstances beyond their control); however, where a delivery date/time has been agreed but subsequently can’t be met, then You will be notified and invited to agree a new delivery date or receive a full refund.
You are required to meet the time and date agreed for delivery. However, time of delivery shall not be of the essence and neither Us or our distributor or their appointed delivery company shall be liable for any losses, costs, damages or expenses incurred by You or any third party arising directly or indirectly out of any failure to meet an estimated delivery date or time.
You will be asked to sign for Your Goods upon delivery but, before doing so, please check for any damage to the external packaging. If there is any noticeable damage then please sign and indicate this on the Delivery Note. No claim for damage of Goods in transit will be accepted unless this is indicated on the Delivery Note AND confirmed within 72 hours (3 days) in writing to [email protected]
8. Cancellation and Returns:
Distance Selling Regulations:-
Under the distance selling regulations you have the right to cancel your contract for the purchase of Goods from this website.
The Seller will accept a written email cancellation of Goods with a full refund provided that the cancellation order is received within 7 working days of delivery of your Goods.
To cancel your order you must write to us at 53 Chatsworth Court Pembroke Road London W8 6DH or send an email to [email protected] within 7 working days of delivery of your Goods quoting your order number. Except where Goods have been damaged in transit, should you refuse to accept the Goods at the time of delivery, you will be responsible for all the costs and charges of delivering the Goods back to our designated distributor. Any free gifts or products received with the goods must be returned at the same time.
Before returning any Goods, You must obtain a Return of Merchandise Authorisation (RMA) number from the designated distributor or us. No Goods will be accepted without an RMA and they must be returned within 10 days of receiving the RMA.
Where Goods are being returned, they must be insured for loss or damage and carefully and securely re-packed (if possible in the original packaging) together with proof of purchase. Goods should be returned via a reputable carrier who requires a signature as proof of delivery and it is the responsibility of the Buyer to ensure the goods are received back by the distributor in good condition. The Buyer has statutory duty to take all reasonable care of the Goods whilst they are in his possession.
Goods being returned must clearly indicate, on the package, the name and address of the Buyer, the RMA number obtained from Us or the designated distributor at the time of advising of the cancellation together with the full postal address and postcode of the distributor who is to receive the return of the Goods.
The Buyer will receive a refund within 30 days of all monies paid for the Goods (including delivery charges, if any) with the exception of return freight charges. Where returned Goods are found to be damaged due to the Buyer’s fault, the Buyer will be liable for the cost of remedying such damage.
9. Warranties & Claims:
The goods sold on our website come with a manufacturer’s warranty. Manufacturers’ warranties vary as do the length of the Warranty periods for different types and ranges of equipment. Warranties do not cover abuse, lack of proper maintenance, care and protection or alterations to the equipment.
The way in which warranty the UK distributor handles claims will depend on the distributor, the brand and the type of fault. Where there is a minor problem, the distributor may post a part for the customer to fit. In many cases an engineer will be sent to attend on site or, alternatively, a request will be made for the return of the goods to the relevant distributor’s store.
Please contact us at [email protected] with any warranty queries. Please provide your full name and contact details as well as the product description serial number and a brief description of the fault. We will aim to return your email within 48 hours.
Any “free products” included with the sale of the Goods must be returned at the same time as the Goods.
Should You require our assistance in relation to a warranty claim then please email us at: [email protected] , or write to us at 53 Chatsworth Court Pembroke Road London W8 6DH
10. Right Of Seller:
The Seller reserves the right to periodically update prices and manufacturer’s product specifications on its Website, which cannot be guaranteed for any period of time. The Seller shall endeavour to ensure such prices and specifications are correct at the time the Buyer places an order. However, the seller will not be liable for any errors, omissions, price changes or alterations to specifications or colours which may result from manufacturers’ ongoing product development, which may occur without notice.
The Seller reserves the right to withdraw any goods from the Website at any time. The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.
11. Limitation Of Liability:
Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the Price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
13. Force Majeure:
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
15. Changes To Terms And Conditions:
The Seller shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
Should you wish to complain about any products or standards of service then do please tell us first? Exercise Equipment.co.uk and its distributors aim to provide a high standard of service. We have chosen our products because we believe them to be of good quality but, occasionally, things can go wrong.
In that unlikely event we will do our best to make amends. Should You have any complaints – then please write or email us at:- [email protected] 53 Chatsworth Court Pembroke Road London W86DH.
17. Data Protection & Privacy:
Exercise Equipment.co.uk is registered with the Jersey Data Protection Authority.
18. Governing Law And Jurisdiction:
These Terms and Conditions shall be governed by and construed in accordance with the laws of Jersey and the parties hereby submit to the exclusive jurisdiction of the UNITED KINGDOM courts.
19. Last update to these Terms & Conditions:
1st October 2014.
TERMS AND CONDITIONS OF USE OF OUR WEBSITE:
19. Acceptance of terms:
Your access to and use of www.AB-MXR.com(“The Website”) is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions.
By using the Website You are fully accepting the terms, conditions and disclaimers contained in this notice. If You do not accept these Terms and Conditions You must immediately stop using the Website.
The contents of the Website do not constitute advice and should not be relied upon in making or refraining from making, any decision.
21. Changes to website www.AB-MXR.com reserves the right to:
Change or remove (temporarily or permanently) the Website or any part of it without notice and You confirm that www.ab-mxr.com shall not be liable to You for any such change or removal; and to change these Terms and Conditions of Use at any time, and Your continued use of the Website following any changes shall be deemed to be Your acceptance of such change.
22. Links to third party websites:
The Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and You acknowledge and agree that we are not responsible for the content or availability of any such sites.
All copyright, trademarks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to www.AB-MXR.com or otherwise used by www.AB-MXR.com as permitted by law.
In accessing the Website You agree that You will access the content solely for Your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.
24. Disclaimers and limitation of liability:
The Website is provided on an “AS IS” and “AS AVAILABLE” basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
To the extent permitted by law, www.AB-MXR.com will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.
http://www.ab-mxr.com/ makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of www.AB-MXR.com for death or personal injury as a result of the negligence of www.AB-MXR.com or that of its employees or agents.
You agree to indemnify and hold www.AB-MXR.com and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against www.AB-MXR.com arising out of any breach by You of these Terms and Conditions or other liabilities arising out of Your use of this Website.
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
27. Governing law:
These Terms and Conditions of Website Use shall be governed by and construed in accordance with the Laws of Jersey and You hereby submit to the exclusive jurisdiction of the UNITED KINGDOM courts.