Terms and conditions
www.fitcess.co.uk (referred to as the “Website”) is owned by fitcess Ltd. Company registration number (…).
Our payment system is managed via (sagepay) ?one of the world’s leading online payment systems.
By placing an order on this website you agree to the below Terms, Conditions and Purchasing Terms which will create the sales contract, between yourself and us at the point of order confirmation and acceptance.
2. PLACING AN ORDER
• Add the products you want on our website to your basket
• Ensure you select the correct size before adding these items to your basket
• Once you have added all items you would like to purchase, proceed to checkout
• You must provide billing, shipping, email addresses and all other required details accurately
• Review the order before you complete the purchase
• Submit your order and you will receive a confirmation via the email address you provided at checkout.
2.2 ORDER ACCEPTANCE AND CANCELLATIONS
All orders submitted by you are subject to acceptance by fitcess. We may choose not to accept your order at our own discretion. Examples of when we may not accept your order are as follows:
• If products are shown on the website but not available;
• If we are unable to obtain authorization of your payment;
• If shipping restrictions apply to a product;
• If products shown on the website contain a manifest error such as being incorrectly priced or otherwise incorrectly described;
• Suspected fraudulent activities;
Because we start to process your order as soon as it is submitted, it is not possible to cancel your order.
3. QUALITY AND MAINTENANCE OF PRODUCTS
Minor differences in colour and other variations in Products are possible as a result of different image acquisition, display technologies or other technical reasons. Fitcess is not liable for these variations and deviations.
Fitcess draws your attention to the washing and maintenance instructions printed on the labels of the Products. Fitcess is not liable for any damage resulting from incorrect handling of Products, including handling contrary to the instructions.
4. PRICE AND CURRENCY
Prices displayed online usually adjust depending on your geographical location. For example, if you reside in the USA, the currency displayed should adjust to USD. This also works for AUD, CAD, EUR and other major currencies.
You can also select your local currency via the menu tab on mobile or via the user icon at the top of the home page.
All prices quoted at the payment stage are in Great British Pound (GBP).
The stated prices do not include VAT (20% Value Added Tax).
Fitcess reserves the right to change, limit or terminate any special offers or discounts at any time, including promotional codes and gift cards. Including the right to adjust the price of any product at any given time without further discussion.
5. SHIPPING AND DELIVERY
All orders made on the Fitcess website are dispatched from Preston, UK to the shipping address you provide at the checkout stage, orders are delivered on business days; excluding bank holidays and national holidays.
We aim to dispatch orders on the same day of purchase, up until 19:00pm London GMT. However, due to fluctuation in order volumes this is not always possible.
Any international orders may be subject to customs charges. These charges are not quoted at checkout and are entirely out of our control.
Fitcess cannot be held responsible for delay in delivery, including but not limited to the following;
Any incorrect customer details, customs clearance, inventory levels, national or private strikes, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, weather, natural disasters, fire, epidemics or failure of public or private telecommunications networks.
Exchanges / Refunds will be given up to 14 days from when the product was received. Please make sure that you have carefully reviewed your order before finalising your purchase.
For more help please contact: (customersupport email) or call us at (number) between 9am and 5pm (gmt).
Returns must be sent back within 14 days and in perfect original sale condition, unworn. Tags must not be broken.
We can’t refund your original or return postage costs unless product is faulty / incorrect.
To download a returns form simply Click here
Print this off, fill it in and include it in your return.
8. INTELLECTUAL PROPERTY RIGHTS
All trademarks, service marks, logos and trade names which appear on Fitcess products, product packaging and/or on the Website, whether registered or not (the “Trade Marks”) remain the exclusive property of Fitcess Ltd. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify any of the Trade Marks in any way, including in advertising or publicity pertaining to distribution of materials on the Website.
9. USER CONTENT
When you transmit, upload, post, e-mail, share, distribute, reproduce or otherwise make available suggestions, ideas, inquiries, feedback, data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials (“User Content”) on the Site, you are entirely responsible for such User Content. You hereby grant to us a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit, and otherwise exploit such User Content throughout the world, in all media now known or hereafter developed, for any purpose whatsoever, including without limitation, developing, manufacturing, distributing and marketing products.
You represent and warrant that you own or otherwise control the rights to your User Content. You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing, sharing, distributing, reproducing, or otherwise making available User Content that (a) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (b) you do not have a right to make available under any law or under contractual or fiduciary relationships; (c) is known by you to be false, fraudulent, inaccurate or misleading; (d) you were compensated for or granted any consideration by any third party; or (e) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
We are in no way responsible for examining or evaluating User Content, nor do we assume any responsibility or liability for the User Content. We do not endorse or control the User Content transmitted or posted on the Site and therefore, we do not guarantee the accuracy, integrity or quality of User Content. You understand that by using the Site, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will we be liable in any way for any User Content, including without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the Site. You hereby waive all rights to any claims against us for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with User Content.
You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse to post or remove any User Content and we reserve the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, we have the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable and we reserve the right to refuse service and/or terminate accounts without prior notice for any users who violate these Terms and Conditions or infringe the rights of others.
10. DELETION OF USER CONTENT
If you wish to delete your user content on our website or in connection with our mobile applications, please contact us by email at (…..) and include the following information in your deletion request: first name, user name/screen name (if applicable), email address associated with our website and/or mobile applications, your reason for deleting the posting, and date(s) of posting(s) you wish to delete (if you have it). We may not be able to process your deletion request if you are unable to provide such information to us. Please allow up to 10 business days to process your deletion request.
11. EMAIL NEWSLETTER
This website operates an email newsletter program, used to inform subscribers about products and services supplied by this website. Users can subscribe through an online automated process should they wish to do so but do so at their own discretion. Some subscriptions may be manually processed through prior written agreement with the user.
Subscriptions are taken in compliance with UK Spam Laws detailed in the Privacy and Electronic Communications Regulations 2003. All personal details relating to subscriptions are held securely and in accordance with the Data Protection Act 1998. No personal details are passed on to third parties nor shared with companies / people outside of the company that operates this website. Under the Data Protection Act 1998 you may request a copy of personal information held about you by this website’s email newsletter program. A small fee will be payable. If you would like a copy of the information held on you, please write to the business address at the bottom of this policy.
Email marketing campaigns published by this website or its owners may contain tracking facilities within the actual email. Subscriber activity is tracked and stored in a database for future analysis and evaluation. Such tracked activity may include; the opening of emails, forwarding of emails, the clicking of links within the email content, times, dates and frequency of activity [this is by no far a comprehensive list].
This information is used to refine future email campaigns and supply the user with more relevant content based around their activity.
In compliance with UK Spam Laws and the Privacy and Electronic Communications Regulations 2003 subscribers are given the opportunity to un-subscribe at any time through an automated system. This process is detailed at the footer of each email campaign. If an automated un-subscription system is unavailable clear instructions on how to un-subscribe will by detailed instead.
Amendments to Terms and Conditions
We reserve the right to make changes to these Terms and Conditions at any time.
The use of this Website as well as any purchase agreement between you and us, will be subject to the version of the Terms and Conditions on this page at the time you place an order or browse our website.
Please check the Fitcess Terms and Conditions periodically for changes