Terms & Conditions

By placing an order with us you accept the following terms and conditions:

1. General

1.1 All orders are deemed to be an offer by the buyer to purchase the goods on these terms and conditions.

1.2 Any variation to these terms and conditions (including any special terms and conditions agreed between the parties) shall not be effective unless agreed in writing by Fitness Megastore.

2. Price and Payment

2.1 The price shall be the price quoted on this website at the time of receipt of the order.

2.2 Fitness Megastore shall not be bound to deliver the goods until it has received cleared funds in for payment for the goods and the delivery charges.

2.3 The price and delivery charges are inclusive of value added tax.

3. Goods

3.1 The goods shall be supplied in accordance with the description contained in this website.

3.2 The seller may refuse to accept an order if the manufacturer ceases to produce the goods ordered.

3.3 If Fitness Megastore are not able to deliver part of the goods order, it may deliver the remaining goods and refund the difference in price unless the buyer expressly states in writing at the time of the order that part delivery of the goods will not be accepted.

4. Delivery

4.1 Delivery of the goods shall be by private courier unless otherwise stated on this website.

4.2 Delivery shall be made to the buyer's address or other address for delivery given in writing at the time of the order.

4.3 The buyer shall make all necessary arrangements to take delivery of the goods whenever they are tendered for delivery.

4.4 Time shall not be of the essence for any date for delivery.

4.5 The seller may deliver separate goods by instalments.

4.6 Fitness Megastore shall obtain all necessary export licenses, clearances and other consents necessary for the supply of goods. The buyer shall promptly obtain all necessary import licenses, clearances and other consents necessary for the purchases of goods. The seller shall promptly upon request supply all documents reasonably required by the buyer for that purpose.

4.7 The seller shall not be liable for any loss or damage whatever due to failure by the seller to deliver the goods (or any of them) promptly or at all.

4.8 Notwithstanding that the seller may have delayed or failed to deliver the goods (or any of them) promptly the buyer shall be bound to accept delivery provided that delivery shall be tendered at any time within [three] months after receipt of the order.

4.9 Carriage shall be at the buyer's risk. Where the goods are collected from the sellerâ..s address the risk shall pass to the buyer upon delivery to the buyer.

5. Acceptance of the Goods

5.1 The buyer shall be deemed to have accepted the goods [24 hours] after delivery to the buyer.

5.2 After acceptance, the buyer shall not be entitled to reject the goods which are not in accordance with the contract.

5.3 The buyer may by notice to the seller prior to acceptance reject any of the goods which are not in accordance with the contract and the buyer may return any such goods at any time up to [14] days after delivery.

5.4 No goods delivered to the buyer which are in accordance with the contract will be accepted for return without the prior written approval of Fitness Megastore on terms to be determined at the absolute discretion of Fitness Megastore.

5.5 If Fitness Megastore agree to accept any goods for return, the buyer shall be liable to pay a handling charge [20%] of the price. Such goods must be returned by the buyer carriage paid to Fitness Megastore in their original packaging.

5.6 Goods returned without the prior written approval of Fitness Megastore may at its absolute discretion be returned to the buyer or sold without having to account to the buyer for the net proceeds of sale.

6. Title and Risk

6.1 If the goods are collected from the seller's address, title and risk will pass on delivery.

6.2 Otherwise, title and risk shall pass upon dispatch.

7. Warranties and Liability

7.1 Fitness Megastore warrant that the goods will at the time of delivery reasonably correspond to the description on this website.

7.2 Except where the buyer is dealing as a consumer (as defined by the Unfair Contract Terms Act 1977, Section 12) all other warranties conditions and terms relating to fitness for purpose, merchantability or condition of the goods and whether implied by statute or common law or otherwise are excluded.

7.3 All terms, conditions, warranties and representations (whether implied or made expressly, whether by Fitness Megastore or its servants or agents or otherwise other than the express warranties or representations made on this website) relating to the quality and/or fitness for the purpose in the goods or any of them are excluded.

7.4 Unless the buyer states the purpose for which the goods or any of them are required at the time of the order, all implied terms, conditions, warranties and representations relating to fitness for purpose of the goods or any of them are excluded.

8. Remedies of Buyer

8.1 Where the buyer properly rejects any goods, the buyer shall have no further right whatever in respect of the supply of such goods to the buyer or the failure by Fitness Megastore to supply goods which conform with the contract.

8.2 Where the buyer accepts or has been deemed to have accepted any of the goods then Fitness Megastore shall have no liability whatever to the buyer in respect of those goods.

8.3 Fitness Megastore shall not be liable to the buyer for late delivery or short delivery of the goods.

8.4 Fitness Megastore shall be under no liability whatever to the buyer for any indirect loss and/or expense (including loss of profit) suffered by the buyer arising out of a breach by Fitness Megastore of this contract.

8.5 In the event of any breach of this contract by Fitness Megastore the remedies of the buyer shall be limited to damages. Under no circumstances shall the liability of Fitness Megastore exceed the price of the goods.

9. Law of Contract

9.1 The contract is subject to the Law of England and Wales.

10.Additional Conditions

10.1 The buyer shall inspect the goods on delivery and shall within 48 hours (excluding Sundays and any English public or bank holiday) notify Fitness Megastore of the alleged defect, shortage in quantity, damaged or failure to comply with the description. The buyer shall afford Fitness Megastore an opportunity to inspect the goods within a reasonable period of time following delivery and before use is made of them. If the buyer shall fail to comply with these provisions the goods shall be conclusively presumed to be in accordance with the contract and free from any defect or damage which would be apparent on a reasonable inspection of the goods and the buyer shall be deemed to have accepted them.

10.2 Fitness Megastore shall notify the buyer at the email or other address or telephone or mobile number provided by the buyer of the date and method of dispatch.

10.3 The buyer shall notify Fitness Megastore of any non-delivery of the consignment within [14] days of the date of dispatch.

10.4 Fitness Megastore shall insure the goods in transit. It is a term of contract with their insurers that all claims must be notified within [14] days of dispatch and [7] days after delivery.

10.5 If the goods are not in accordance with the contract for any reason the buyer's sole remedy shall be limited to Fitness Megastore making good any shortage or by replacing such goods or by refunding a proportionate part of the price as Fitness Megastore shall elect.

10.6 All warranties and conditions whether implied by statute or otherwise are excluded from this contract provided that nothing in this contract shall restrict or exclude liability for death or personal injury caused by the negligence of Fitness Megastore or affect the statutory rights of the buyer dealing as a consumer.

10.7 Fitness Megastore will accept orders by internet, post or in person.

10.8 Images on this website are for illustration only. Reproductions of colour are as accurate as possible.

10.9 The buyer may add to the order at any time before dispatch of the original previous order but additional delivery charges may be incurred in accordance with those published on this website.

11. Handmade Stationery and Favours

11.1 Handmade stationery and favours will be made within six weeks after acceptance of order. Fitness Megastore may accept an earlier delivery at an additional charge if accepted in writing by Fitness Megastore.

11.2 No changes can be made to the order.

11.3 When placing an order the buyer must clearly state in writing the personal information to be included in the items. Fitness Megastore will issue a proof. The buyer must check and give written confirmation of acceptance or make any alterations before Fitness Megastore will proceed with the order. Fitness Megastore will not be held responsible for any errors in information provided by the buyer. Any alterations after acceptance of the proof will incur an additional charge.

11.4 Any items unused cannot be returned for any refund.

11.5 Fitness Megastore will accept an increase in the number of items ordered within [7] days before the delivery date upon receipt of the additional price and delivery charges.

12. Refunds on Cancellation

12.1 Copyright shall remain with Fitness Megastore except in the case of "make your own" kits.

12.2 Cancellation before dispatch â.. refund of the delivery charge.

12.3 Cancellation before insertion of the personal information or on the item or insertion of the contents of the favour â.. 75% refund.