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TERMS & CONDITIONS - Sale of Good - Online
IMPORTANT - PLEASE READ
Please read them carefully before you proceed to make your purchase. By placing an order and /or using our website you agree to be bound by these terms and conditions.
1. INFORMATION ABOUT US
1.1 This website is operated by The Gym King Limited, trading as Gym King, a company registered in England & Wales under company number 09476649.
2. USE OF WEBSITE
2.2 You agree that you will not:
(a) attempt to access our systems or reverse-engineer, decompile, disassemble or otherwise tamper with the website, its content and/or any software used in connection with the website;
(b) post on or transmit to or from the website any material that is threatening, defamatory, obscene, indecent, offensive, discriminatory, inflammatory, blasphemous, criminal, in breach of confidence or privacy or a third party’s rights or which may otherwise cause annoyance or inconvenience;
(c) use the website for fraudulent or criminal activities;
(d) transmit any virus, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data onto the website;
(e) use any manual or automated software, devices, or other processes to “crawl” or “spider” any web pages contained in the website;
(f) monitor or copy, or allow others to monitor or copy, our web pages or the content included herein;
(g) “frame” or otherwise simulate the appearance or function of this website; or
(h) take any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorised access, or transmission or activation of computer viruses.
2.3 We will fully co-operate with all law enforcement authorities and court orders requesting or directing us to disclose the identity of or to locate anyone posting any defamatory, obscene or otherwise illegal material onto the website and/or using the website in respect of any fraudulent activity.
2.5 Please note that access to our website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for any reasons beyond our control.
3.1 We are the owner or the licensee of the copyright, trademarks and all other intellectual property rights in the content and expressly reserve all rights in the same.
3.2 You may print and download extracts from this website for your own non-commercial use and in respect of your receipt of our Services, provided that you do not modify any of the content, you do not use any graphics or photographs separately from their accompanying text and you do not remove any copyright or trade mark notification or other proprietary notices from such extracts.
3.3 Unless we state otherwise, all other reproduction or use of extracts of content is strictly prohibited. In particular, no part of this website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service or used for any commercial purposes whatsoever without our prior written permission.
4.1 You may create a link from your own website to the website provided that you obtain our prior written consent and provided that you only do so on the basis that you link to, and do not replicate, the home page of this website and you DO NOT:
(a) create a frame or any other browser or border environment around this website;
(b) in any way imply that we endorse, approve or are associated with any properties, products or services other than our own;
(c) misrepresent your relationship with us or present any other false information about us;
(d) use any of our content or trademarks without our express written permission;
(e) link from a website that is not owned by you; or
(f) display any content on your website that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
5.1 Where our website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over, and make no endorsement of, the content or availability of these third party websites. We accept no liability for any statements, information, products or services that are published on or accessible through any websites owned or operated by third parties and you use and rely on the same at your own risk.
6.1 Commentary and other materials posted on our website are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our website, or by anyone who may be informed of any of the content.
6.2 The content of our website is provided without any guarantees, conditions or warranties as to its accuracy. To the maximum extent permitted by law, we exclude:
(a) all liability for any communications that are lost, intercepted, altered or otherwise accessed by third parties;
(b) all liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our website or in connection with the use, inability to use, or results from the use of our website, any websites linked to it and any materials posted on it, including loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time, whether caused by tort (including negligence), breach of contract or otherwise; and
(c) all liability arising from any unauthorised access to or use of our servers or any interruption in use of the website.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraud or fraudulent misrepresentation.
1.1 The website displays goods that are advertised for sale, and gives information about them. By advertising goods on the website, We are inviting you to place an order with us. If you place an order, we are not obliged to accept that order. The contract between you and us will only be formed and completed upon actual despatch of the goods to you (neither submitting an electronic order form, nor completing the checkout process constitutes our acceptance of your order). You may include any number of items within a single order, subject to any restrictions set out in these terms or on the website. Each order you place will be a separate contract between us. We reserve the right to refuse to supply goods to any person.
1.2 Any variation of the contract by you must be expressly agreed between you and us.
1.3 The following paragraphs explain the process that you will need to go through to place an order and how the contract for the sale of goods between us will be formed. This section also explains important information about payment and delivery.
Step 1 - Choosing Your Goods
You can select a product for purchase by clicking on the item that you are interested in, and then clicking on "Add to Basket".
Step 2 –Reviewing Your Basket
You can review the goods that you have added to your basket. You can change the contents of your basket by amending the quantity of goods you want to order (which may be subject to a maximum number of goods, per size from time to time), removing any unwanted goods by clicking 'Bin icon' and viewing the basket total value. You can also enter any discount code that you may have. Entering a valid discount code and clicking 'Apply' will update the basket total. You can then continue shopping and adding to your basket if you wish or if you don't want to buy anything else, go straight to the next step.
Step 3 – Going to Checkout
Once you have finished shopping, you can proceed to checkout by clicking on "Checkout" when the option pops up once you have added an item to the cart or by clicking on the basket icon in the top right hand corner of the page and then clicking "Checkout".
Step 4 – Customer registration
You will then be asked whether you are a guest or an existing customer. To register as a guest customer, you will be asked to provide your e-mail address. We will then store that information for the purposes of processing your order, but it will not be recognised next time you visit the website. Existing customers will be asked for a password and e-mail address to login, each time an order is placed. Alternatively, you have the option to pay with PayPal or Klarna at this stage by clicking the relevant link.
Step 5 – Completing Your Address and Delivery Details
If you are a guest customer, you will be given a list of delivery options. Once you have chosen your option, you will be asked to enter your chosen delivery address. If you are an existing customer, you will be shown a list of any delivery addresses you have previously entered. You will have the option of selecting the same address for your billing address. Alternatively, on the next screen you can enter a different billing address. You must provide us with the correct address details. We will not be liable for any delay or failure of delivery as a result of your failure to provide accurate address details.
Step 6 – Your Order Summary and Payment Information
You will then need to choose your payment method and enter your payment details. Please check this information very carefully. You will then be given the option to save such details for your next visit. If you are an existing customer and you have previously saved your payment details, they will appear here. Your order summary will then appear on the right hand side of the page. This includes details of the goods in your order. You should check the details carefully at this stage, as this is the final stage in the order process at which you can correct any mistakes or change the goods that you want to order. You can do this by returning to the home page and completing the process set out above again. If you are happy with your order, click "Pay now".
Step 7 – Placing Your Order
By clicking on "Pay now", you are confirming that you have read, understood and accepted these terms. At this point your order will be submitted to us.
Step 8 – Order Acknowledgement
Once we have received confirmation that your payment has been authorised, a screen will appear thanking you for your order. You will be given an order reference and an e-mail will be sent to you to acknowledge your order. It will confirm the goods, price and any delivery charge. You may print a copy of the order acknowledgment and e-mail and keep them for your records. Please note, our acceptance of your order (regardless of the content of any emails we send you) will only take place on despatch of your order.
1.4 We may refuse your order or cancel your order if we decide it is reasonable to do so. This may include circumstances where:
1.4.1 We are unable to obtain authorised payment or the payment process is incomplete; or
1.4.2 We identify a product or pricing error on the website; or
1.4.3 You fail to meet any criteria for eligibility of purchase which we may impose from time to time; or
1.4.4 We suspect that your order is related to fraudulent activity; or
1.4.5 You fail to submit all necessary and relevant details to allow us to fulfil the order; or
1.4.6 Goods are unavailable or out of stock
1.5 We may contact you by phone or email to verify details before We are able to process and despatch your order, or we may be unable to accept it. For example, we may do this if your order is of particularly high value.
1.6 The goods shown for sale on this website are intended for private, consumer use and you must not resell goods or offer them as a commercial enterprise. We will not be liable for any losses related to your use of the goods in the course of a business such as, lost profits, loss of business or business interruption. We reserve the right to limit the total value of goods that can be included in an order. If the total value of goods in your bag exceeds the limit that we may choose from time to time, then we will contact you and we reserve the right to cancel any bulk orders.
1.7.1 Prices and delivery charges are as published on the website when we accept your order. Prices include VAT and are in pounds sterling. Delivery charges are shown separately. All applicable delivery charges are as stated on the website at the time you place your order. The delivery charge for the order is shown on the shopping basket page below your chosen goods. If there is a promotion available for free delivery over a certain value this will be applied at checkout.
1.7.1a Promotional discount codes may have the following conditions, which will be stated within the communication:
1.7.2 We take all reasonable care to ensure that the price of the items indicated to you is correct, but we may amend prices at any time. If you notice there is a difference between a price at the time the order is made and the price when we ship your order, You should inform our Customer Services and decide whether you wish to proceed with your order. If for any reason payment has already been taken, it will be re-credited to your credit or debit account.
1.7.3 Offers and promotions on the website are subject to availability and we may change or withdraw them at any time and without notice. Nothing shall oblige us to maintain offers or promotions for any period. Additional terms may apply, details of which will be displayed.
1.7.4 We must receive payment for the goods and any delivery charges in full, cleared payment before they are despatched.
1.7.5 We accept payment via Paypal, Klarna and most major credit and debit cards including Visa, Mastercard, Maestro and American Express. You must only use a card if you are the named cardholder. By placing an order, you confirm that you are the authorised cardholder. All credit and charge card holders are subject to validation and security checks, as well as authorisation by the card issuer and any additional terms imposed by the issuer. If the issuer does not authorise payment, we will not accept your order and we will not be liable for any delay or non-delivery.
1.7.6 Your card provider may charge you for using your card. Please check the terms and conditions with your card provider carefully and in advance of submitting your payment details.
1.7.7 If we do not have sufficient stock of goods, We will notify you by e-mail and your credit or debit card transaction will be cancelled or refunded. We will do this as soon as possible and by no later than 30 (thirty) days from the date of your order. We will not be responsible for any compensation if the goods that you order are not available for any reason.
If You Change Your Mind
1.8.1 You have a legal right to cancel the Contract (subject to certain exceptions set out below) without giving any reason within 14 days of the day after you receive the Goods. This is the “Cancellation Period”.
1.8.2 You can cancel by sending a notification of cancellation to email@example.com.
1.8.3 You must return the goods to us (at your own risk and cost) within 14 days of notifying us that you wish to cancel by sending them (by recorded delivery or courier) to:
GYM KING, PO BOX 197, CASTLEFORD, WF10 9DN
1.8.4 The Goods must be returned unused and in good condition with the original packaging.
1.8.5 Please note that you will be responsible for covering the cost of returning the parcel to us as we do not currently offer returns labels.
1.8.6 Within 14 days of receiving the returned goods we will ordinarily refund the full purchase price. Proof of return maybe required as evidence and to track your return parcel, without this we may not be able to refund you.
If Things Go Wrong (Faulty Goods)
1.8.7 We warrant that the goods that we supply are of satisfactory quality and are fit for the purpose for which goods of that nature are commonly supplied.
1.8.8 If you return goods to us for a reason other than if you change your mind, we will inspect the goods and either replace them or refund the full purchase price of the goods if we accept that there is a manufacturing defect or other fault in the goods. This is subject to you returning the goods to us no later than 30 days after your receipt of the goods.
1.8.9 We will replace the goods or refund you, provided that the defect or fault is not; caused by usual wear and tear, damage caused deliberately or accidentally, Your negligence or if you fail to follow product instructions or if the goods have been misused, altered or repaired without our approval. Any refund will also include any delivery charges that you have paid and your cost of returning the goods to us. If we do not find any fault or defect, then your cancellation and refund rights are limited to those set out in paragraph 1.8.2 above, although this does not affect your statutory rights.
1.8.11 If you believe that goods have a defect then you should not make any further use of them before returning them to us. Nothing in these terms shall affect your statutory rights. These are your rights granted by law and which cannot be changed by us.
1.8.12 If You wish to return goods you may return the goods to us in an unused, reasonable condition to our returns address.
1.8.13 We will aim to process your refund or replace the goods as soon as possible, but will do so within 30 (thirty) days of you returning the goods to us. We reserve the right to send any goods that you claim are faulty to our inspections team.
1.8.14 Whenever you return goods to us, either because you believe they are faulty or because you change your mind, we ask that goods are returned to us by recorded delivery or courier so that you have proof of posting. We will not be responsible for goods that are lost or damaged in the post.
1.9.1 NOTHING IN THE CONTRACT OR ELSEWHERE WILL EXCLUDE OR LIMIT OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR ANY LIABILITY FOR FRAUDULENT MISREPRESENTATION OR FRAUD OR LIABILITY THAT WE ARE RESPONSIBLE FOR IN RELATION TO CONSUMER PROTECTION RIGHTS OR FOR ANY OTHER MATTERS, WHICH IT WOULD BE ILLEGAL FOR US TO EXCLUDE. YOUR STATUTORY RIGHTS ARE NOT AFFECTED.
1.9.2 We are not responsible to you for loss or damage of a kind that we could not reasonably have foreseen, which results from you misusing the goods, or loss and/or damage as a result of wear or tear or otherwise from a good which is damaged after it was delivered to you.
1.9.3 Many of the goods that we offer for sale are fashion items and may not be suitable for sports or other activities. You should therefore satisfy yourself that items are suitable for the type of sports activity that you wish to use them for.
1.10.1 We aim to deliver the goods within the indicative timescales shown on our website. References to "working day" shall mean any day of the week, excluding weekends and bank holidays. However, time is not of the essence for delivery or performance and all delivery dates specified on our website and in any correspondence are estimates only. This means that we will not be responsible if goods are delivered outside those times and we will not be liable for the consequences of any delay. If we are unable to deliver the goods within the indicated timescale, we shall use reasonable efforts to tell you this by e-mail and give you an amended delivery estimate.
1.10.2 If the goods you have ordered are out of stock then we will let you know by e-mail.
1.10.3 If you order more than one product, we guarantee that all goods will be delivered in one delivery but if we do need to send the order in multiple consignments we will notify you by email.
1.10.4 Ownership of the goods will only pass to you upon delivery of the goods. The goods will be at your risk from the time of delivery and you should therefore take reasonable care of them.
1.10.5 If the goods or quantity that you receive are not as you ordered due to our error, then you should inform us by phone or email as soon as possible after you receive the goods and become aware of the error. We will make good any error. We will also reimburse to you any delivery costs that you incur in sending the incorrect goods back to us.
However, we ask you to contact us in advance to arrange your return. Any goods that you receive in error and intend to return should not be used by you.
1.10.6 Goods will be delivered to the address that you provide in the order process, however delivery practices may vary depending on which carrier is delivering the goods. You must provide a valid address for delivery. The delivery method that we use may vary depending on the nature and number of the goods. We shall select what we think is the most appropriate delivery method for the goods.
1.10.7 We reserve the right to make alternative arrangements for delivery, which will depend upon the carrier we use to deliver the goods. This may include leaving the goods with a neighbour or in a safe place in or around your property.
1.10.8 If the goods are not delivered on the date expected, You should notify us of such non-delivery within 30 days of such failure of delivery.
1.11 - OUR RIGHTS IN THE GOODS
All intellectual property rights in the goods including all designs, trademarks, brand names, images and logos are and shall remain our property, or those of our licensors. At no time shall any rights, title or interest in the intellectual property rights pass to you.
1.12.1 We will not be in any way responsible to you for a failure to sell goods that you wish to buy; for a failure to comply with our obligations under the contract; or for costs or liabilities which you incur as a result of any circumstances beyond our reasonable control – including but not limited to any act of god, flood, fire, trade dispute, lack of third party materials and services, or terrorist acts.
1.12.2 The Contract between you and us is binding. You may not transfer or assign your rights or obligations to another person without our express agreement. We may transfer or assign our rights and obligations under the contract, or appoint third parties to assist us in performing our obligations at any time, provided that this will not reduce our obligations to you.
1.12.3 If any clause of this contract is found in any way to be void by a court or other competent authority, then all other clause of the contract will continue to apply.
1.12.4 If either we or you do not at any time act on any rights that we have under this contract, then it will not affect the rights of either of us to enforce any rights at a later stage. If either of us chooses not to rely on a right which we have, it will not affect any other rights that either of us has.
1.12.5 The contract is subject to English law and both we and you agree that any dispute arising under or connected to it will be decided by the English courts.
1.12.6 We may amend these terms at any time and without notice to you. Any change will take effect immediately after being posted on the website and will be deemed to be accepted by any person who uses the website. Where you have already placed an order, the contract will remain subject to the version of the terms that were in place at the time when you placed your order, subject to any changes expressly agreed between you and us.
1.12.7 Nothing in these terms seeks to exclude or limit any rights available under applicable law which cannot be excluded or limited. This means that these terms will not change any rights that the law grants to you, which that law does not allow us to change or limit.
1.12.8 A person who is not party to the contract shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of it, which means that only we and you have rights under it. This does not affect any right or remedy of any person that exists or is available otherwise than under that act.
1.12.9 The contract is the entire agreement and understanding between us in respect of its subject matter, and will supersede and replace any prior agreements, understandings or arrangements whether written or verbal. We each acknowledge that in entering into the contract, neither of us has relied on any representation or promise given by the other or implied from anything said or written other than as specifically set out in the contract or on the website. If you are uncertain as to your rights under the contract or you want any explanation about them, please write to or email our customer services department at the address set out above.
1.12.10 We have a procedure for investigating complaints and for dealing with queries about our Website. Please contact customer services:
CUSTOMER SERVICE MANAGER
PO BOX 197