Terms and Conditions

Terms & Conditions

Website Terms and Conditions for Fitsense Sports www.fitsense.co.uk

Please read carefully:

General Terms and Conditions of use

Your use of this website is subject to these terms and conditions and by using the website you show your agreement to such terms. If you do not accept our terms, please do not use the website. Please read the terms carefully before you agree to them. If you are uncertain as to your rights under our terms and conditions or you want any explanation about them please write, telephone or email our customer service team BEFORE you place an order.

WE STRONGLY ADVISE YOU TO PRINT AND RETAIN THESE TERMS AND CONDITIONS FOR YOUR RECORDS.

Ownership of Website

This website is the property of G.Owen trading as “Fitsense Sports”. Fitsense Sports and the domain name www.fitsense.co.uk are trading names.

Alterations

Fitsense reserves the right, at any time and without prior notice, to remove or cease to supply any product or service contained on this website. In the event that such removal takes place we shall not be liable to you in any way whatsoever for such removal.

Commercial Use

This website is for non-commercial, personal use only. The services and content contained on this website may be supplied on a commercial basis upon payment to Fitsense of its charges from time to time. Please contact our customer services team for further details. In the event that you use any of the services or content contained on this website for commercial use, Fitsnese shall be entitled to charge you at its rates from time to time in respect of such commercial use.

Colour Reproduction

The limitations of colour reproduction and the individual colour settings of your screen may mean a slight variation between the on screen and actual product colours. Every reasonable care has been taken to ensure that the descriptions are accurate. However, specifications may change.

Products and services

We reserve the right to amend any prices and details relating to products and services without any prior notice and to end any offers or promotions at any time. All products and services are subject to availability and we give no guarantee in this regard.  Goods are invoiced in pounds (£) sterling at the price prevailing at the time your order is placed. Prices are inclusive of Value Added Tax ("VAT") which will be charged at the prevailing rate and are exclusive of delivery charges. Delivery charges, if charged will be added to the price of the goods purchased so that the online order form shows the total charges which we will debit. The prices indicated apply only to online purchases and are not indicative of the price of identical goods purchased by any other means. Fitsense will try to ensure that all prices displayed are correct and within the company's pricing structure. In the event that an incorrect price is advertised, we shall amend such price upon notification. We are under no obligation to supply any product that is priced incorrectly.

Special Offers

From time to time when we have special offers including money off, free gifts etc, only one offer will apply. For clarity - if we have an offer of a free product if another product is bought, this will only apply if no other offer or discount has been used as well. If you have already applied a discount code, you will not be entitled to the free product in addition - the free product would only be sent if the product was bought at the advertised price and instructions followed.

Orders

Fitsense will send you an email to acknowledge receipt of your order ("Advice Note"). Receipt of your credit or debit card details and debit of payments does not constitute our acceptance of your order. Our acceptance of your order takes place upon despatch of the goods to you at which point the purchase contract is made. We reserve the right to decline your order for any reason whatsoever and to refuse bulk orders. If we do so a member of our customer services team will contact you and will refund in full any charges which have been incurred.

In the event that an order is placed for delivery after 12.00 noon on the Friday of a Bank Holiday weekend, this delivery would then be delivered by 5.00pm on the following Wednesday. If a delivery order was placed after 12.00 noon on the Thursday prior to the Easter Bank Holiday, this order would be delivered by 5.00pm on the Wednesday.

Delivery

Delivery is deemed to take place when the goods are delivered to your nominated delivery address, whereupon the risk of loss, breakage and damage passes to you. Ownership of the goods does not pass to you until payment is received in full by Fitsense. 

Some postal addresses in Ireland, some offshore islands and some remote areas of Great Britain may not be covered by our delivery services and we may not be able to arrange delivery of some items to such addresses. You will be notified of this when you place your order.

From time to time if free delivery is offered, this applies to UK Mainland Addresses only.

Deliveries to Northern Ireland may need to wait an extra day to receive their order.

We deliver to most European destinations but will only deliver outside Europe at our discretion and direct payment into our bank account may be required in some cases prior to the despatch of goods.

Whilst we make every effort to deliver goods on the day we specify, we cannot guarantee delivery on that day or accept liability for deliveries made outside this timescale. The standard service is delivery within 1-3 days of dispatching the order. Delivery times for specific products can be found on the product detail page. 90% of orders will reach the customer within this specified time.

Delivery charges for areas outside of the UK mainland or for larger items of fitness or equestrian equipment and supplements will be displayed at the Checkout stage of the transaction process. All orders are shipped via Royal Mail First Class Recorded Delivery (1-3 day delivery), Royal Mail Next-Day Special Delivery, or by an independent courier service for larger items (such as sports supplements or sports equipment).

Most items will be able to be tracked via Royal Mail or by an independent courier service. We cannot include any special instructions for delivery.

You will receive email notification as soon as your order is dispatched. We will contact you immediately if for any reason the item ordered will take slightly longer for dispatch.

Upon you placing an order and confirmation by us we are contracted to supply the goods ordered, Orders are only deemed as accepted once goods have been dispatched, confirmation that we have received your order does not mean we have accepted your order.

All items are subject to stock availability. If for any reason the goods are no longer available we will notify you immediately and either:

  1. Give you the option of receiving alternative goods of similar price and quality;

  2. Cancel the item from your order and refund you in full.

When we deliver your items you will be asked to sign for the goods to acknowledge that you have received them. All deliveries will require signed proof of delivery. Goods can be left at the delivery address with someone other than the purchaser as long as a signature and printed name is signed by the receiver. If the carrier is unable to deliver the goods they will be held by the carrier and a card left stating that a delivery was attempted giving details of where the goods are held or when redelivery will take place (This is dependent upon the carrier used at the time). No goods will be left in sheds, garages, gardens or outhouses. Where a courier service is used for delivery of sports supplements or larger items, delivery will be attempted twice, if the customer is not present the first time. After this, if the parcel is returned to us, customers will be charged the prevailing rate for the parcel to be sent back to us and to be sent out again. Any non-collected consignments will also be charged for at the prevailing rate.

Returns

All goods are warranted to be generally free from defects in workmanship and materials and fit for the purposes for which such goods would normally be used. However, on rare occasions products may be found to be faulty or defective and in keeping with our commitment to providing customers with excellent service, we offer the returns facility set out below.

All returns are the responsibility of the customer. Fitsense will only cover the cost of faulty or damaged returned goods.

Returning faulty or damaged goods

If an item is faulty please contact our customer services team in the first instance to obtain a returns number and we will arrange an appropriate remedy within the first 14 days. We will not accept receipt of any returned goods without a returns number. This facility is open during normal office hours Monday to Friday only. After 14 days we will try to arrange a suitable remedy with the manufacturer or distributor however this will usually be as per the product warranty.

Instructions for customers wishing to return goods appear on the customer service pages of this website.

Any customer seeking a refund for postage or not wishing to pay for the return of faulty or damaged goods will need to contact our customer services team. Carriage costs will be displayed at the checkout prior to paying for the goods.

Please take care when trying on wetsuits as it is very easy to damage the wetsuits with your finger nails. All wetsuits are brand new when sent out and inspected. Any returns with tears or damage will not be accepted or refunded.

If you are experiencing a technical difficulty with a product and cannot contact Fitsense please use the contacts below:

Polar01926 310 330
Timex01978 664 743
Garmin0870 850 1241

Returning unsuitable goods

In accordance with the provisions of the Consumer Protection (Distance Selling) Regulations 2005, you have the right to withdraw from the transaction. The right to withdraw from the contract does not apply in respect of audio or video recordings or computer software that has been opened by you.

We have extended the legal cooling off period of 7 days to 14 days after the date on which you have received the Goods in order to cancel the Contract, and return the Goods at your cost and receive a full refund of the purchase price less any delivery cost. During the cooling off period any cancellation must be given by written notice by either party (Written notice via fax, letter or e-mail). Please contact our customer services team in the first instance to obtain a returns number. Goods must be returned complete and undamaged with all accessories and instructions. Fitsense is obliged to provide a refund within 30 days.

The right to cancel this contract will not apply in respect of:

  • Personalised Goods or Goods made to your specification

  • Audio, video recordings (including DVDs) or computer software you have unsealed

  • Contracts for accommodation, transport, catering or leisure services which are arranged for a specific time or date, e.g. train, airline or concert tickets or hotel bookings

In the event that we supply substituted Goods to, your right to cancel is as set out as above except that the cost of returning the Goods shall be borne by us.

We politely request that you return goods in the original saleable condition. By all means take watches out of the box and have a good look at them as you would do in a shop but as many have protective seals on HRM straps, watch faces and the back of the watch we would appreciate it if you did not take these off. You are not obliged to do this but if you don’t like the look of the product or have been bought the same model as a gift it would help us a great deal if we were able to put that product straight back into stock. Thank you.

Privacy Policy

You will be asked to submit personal information about yourself (e.g. name, address, e-mail address, etc.) in order to be able to purchase goods from this site or register for newsletters and promotions. As well as for the purpose of offering the product or service in question to the user, personal details may be used for other purposes, for example for direct marketing or for statistical analysis to determine the Website usage.

To enable us to monitor and improve the Website, we may gather certain information about you when you use it, including details of your operating system, browser version, domain name and IP address, and the details of the web site you came from. This information will be automatically collected and logged as part of the connection of your computer to the Website.

If there is a security breach the relevant IP Address will be identified by the Internet Service Provider and the user may be contacted.

We may use cookies only to store information such as your User ID and your session identifiers to enable us to identify whether you are registered on to the Website and, if so, to shortcut your access to the Website. We will only read cookies from your cookie file placed there through your web browser's interaction with the Website. (Note that you may change your browser settings to refuse cookies).

We endeavour to take all reasonable steps to protect your personal data including the use of encryption technology, but cannot guarantee the security of any data you disclose online. You accept the inherent security implications of sending information over the Internet and will not hold us responsible for any breach of security unless we have been negligent.

Under the Data Protection Act 1998, we have legal obligations in terms of the collection and use of personal data made available to us. Each time you provide us with personal information we will let you know how we intend to use it. We will hold your personal information securely and will only keep it for as long as you use the service that you have requested, unless you have provided us with your consent to use the data for any additional purposes.

This privacy policy only covers the Website and not any web sites which are linked to or from this web site.

Intellectual Property Rights

All Intellectual Property Rights (including, without limitation, all database rights, rights in designs, rights in know-how, patents and rights in inventions (in all cases whether registered or unregistered and including all rights to apply for registration) and all other intellectual or industrial property rights in any jurisdiction) in any information, content, materials, data or processes contained in or to this website belong to the Fitsense or its licensed source. All rights of Fitsense in such Intellectual Property Rights are hereby reserved.

The copyright in the material contained in this website belongs to G.Owen or his licensed source. Any person may copy any part of this material, subject to the following conditions:

The material may not be used for commercial purposes. The copies must retain any copyrights or other intellectual property notices contained in the original material. The products and technology or processes described in this website may be subject to other intellectual property rights reserved by Fitsense or by other third parties (and no licence is granted in respect of those intellectual property rights).

Images on this website are protected by copyright and may not be reproduced or appropriated in any manner without the written permission of their respective owner(s).

Changes to Terms and Conditions

We reserve the right to change these terms and conditions at any time by posting changes on the website. It is your responsibility to review the website terms and conditions regularly to ensure you are aware of the latest terms and conditions. Your use of this website after a change has been posted will be deemed to signify your acceptance of the modified terms and conditions. We recommend that you print off and retain for your records a copy of these terms and conditions from time to time.

Disclaimers

To the fullest extent permitted by law we will not be liable to you or any third party for any: loss of business, loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss of privacy and/or loss of data; and/or any other loss or damage which does not result directly from the actions of Fitsense; and which arises out of or is related to your purchase of goods via the Website.

In any event our liability to you in connection with any order will not exceed the total price charged for the goods purchased.

Whilst Fitsense has taken care in the preparation of the contents of this website, this website and the information, names, images, pictures, logos, icons regarding or relating to Fitsense, or the products and services of the same (or to third party products and services), are provided on an 'as is' basis without any representation or endorsement being made.

Fitsense does not represent that the product specific information contained in this website is accurate, comprehensive, verified or complete, and shall accept no liability for the accuracy or completeness of this information contained in this website or for any reliance placed by any person on the information.

Fitsense does not warrant that the functions or materials accessible from or contained in this website will be uninterrupted or error free, that defects will be corrected or that this website or the server that makes it available are virus or bug free or represent the full functionality, accuracy, reliability of the materials.

If any of these Terms and Conditions (or any terms and conditions relating to a product or service referred to in this website) should be determined to be illegal, invalid or otherwise unenforceable according to English law, then to the extent of such illegality, invalidity or unenforceability, such terms or condition shall be deleted and severed from the rest of the relevant terms and conditions and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.

Nothing in these Terms and Conditions excludes our liability for personal injury or death caused by our negligence. These Terms and Conditions do not affect your statutory rights as a consumer or otherwise.

Headings

Headings used in these terms and conditions are for convenience only and shall not affect their interpretation.

Jurisdiction

Unless otherwise specified, the products and services described in this website are available only to UK residents (excluding the Channel Islands and Isle of Man). The information on this Web Site is not directed at anyone other than UK residents and applications from others will, unless otherwise stated, not be accepted. Fitsense makes no representation that any product or service referred to on the website are appropriate for use, or available in other locations. The information and other materials contained in this website may not satisfy the laws of any other country and those who choose to access this site from other locations are responsible for compliance with local laws if and to the extent local laws are applicable. The phone numbers provided only apply to phone calls made from within the UK.

These Terms and Conditions and any terms and conditions relating to products or services described in this website shall be governed by and construed in accordance with the laws of England and Wales. Disputes arising in relation to the same shall, unless otherwise expressly agreed, be subject to the exclusive jurisdiction of the courts of England and Wales.

Links to Other Websites

Certain (hypertext) links will lead you to websites that are not under the control of Fitsense. When you activate any of these links, you will leave (www.fitsense.co.uk) Fitsense website, and Fitsense has no control over and will accept no responsibility or liability in respect of the material on any such other website. By allowing links with third party websites Fitsense does not intend to solicit business or offer any security to any person in any country, directly or indirectly.

Phone calls and emails

Telephone calls using the telephone numbers provided on this website and email correspondence with Fitsense at the email addresses accessible through, or discernible from, this website may be recorded or monitored. By using such communication methods you are consenting to the recording or monitoring of the same.

When you place an order or send us an email, your email address may be added to our database so that we can send you our newsletter from time to time with news and offers. You have the option to unsubscribe from the newsletter at any time and we will not pass on your email address to anyone else.

Fitness Equipment

All fitness equipment items for sale on this website are guaranteed for home-use only unless stated otherwise.

WEEE (Waste Electrical and Electronic Equipment) Regulations

Each EU Member State now has a legal obligation to minimise the disposal of WEEE in landfill sites. The broad aim of the WEEE regulations is to address the environmental impacts of electrical and electronic equipment when it reaches the end of its life. We all have a responsibility to contributing to the reuse, recycling and other forms of recovery of WEEE under these Regulations. Over 75% of waste electrical goods end up in landfill, where lead and other toxins contained in the electrical goods can cause soil and water contamination which can lead to negative effects on human health and the environment. Electrical and Electronic Equipment that was made after 13th August 2005 should display the crossed-out wheelie bin symbol on the packaging or product. The purpose of the symbol is to encourage householders to dispose of their WEEE separately from household waste.

What can you do?

Reuse

If your old machine is still working, do you know somebody who would like to use it? There are many organisations such as schools, clubs, residential homes etc. who would be very happy to have the use of your old equipment.

In addition there are organisations that will reuse and repair electrical and electronic equipment, and some even run "cash for recycling" schemes. click here to find a list of waste electrical reuse charities and networks.

Recycle

If your old equipment is no longer useful, please recycle it.

Alternatively, as a distributor we are committed to reducing the amount of WEEE that goes in to land fill. We are doing our bit for the environment by offering free take-back on a like for like basis when you purchase a new product from us. This means, for example that if you buy a new heart rate monitor from us, you can return your old heart rate monitor to us and we will arrange appropriate disposal of the old unit. (Please note it must be a similar product - e.g. an old heart rate monitor for a new one, etc.) This must be arranged with us at the time of placing an order with us for the new product, so if you would like to do this please call us on 01949 898205 for details of where to deliver your old product.

Standards Compliance

This website has been designed with web standards compatibility in mind. There is however areas of the site where certain web pages do not validate due to certain constraints and the use of deprecated HTML.

Trademarks

All trademarks appearing on the service are trademarks of their respective owners.

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