Last updated 8th November 2007
Introduction
Please read these Terms and Conditions carefully before using this website operated by HUR (UK) Limited (Company Number: 4426798 and VAT Number: 795819463.) By accessing or using our website you agree to be legally bound by these Terms and Conditions as they may be modified and posted on our website from time to time.
If you have any other queries on how to use this site, please phone 01206 798864 (Mon – Fri 09:00 - 17:00) or email us with a brief outline of your problem.
Details of procedures, products, prices, payment and delivery are displayed on our website. You will be given clear instructions on how to navigate our simple on-line order process and you shall be required to provide us with your accurate personal details. By clicking on the 'proceed' button on the order form you are consenting to our Terms and Conditions.
If you have a comment, concern or complaint about a product you have purchased from us, please contact us via email at customerservices@huruk.co.uk or by post to Ballwall Customer Services, HUR (UK) Ltd. Suite 4, Global House, Moorside, Colchester CO1 2TW.
Our terms and conditions are applicable to web-sales only. In-store transactions are governed by a different policy.
Delivery of Goods
At present, delivery is included to all Ballwall customers on all Ballwall transactions. All items, where applicable, will be delivered in boxes for home assembly by the customer. Goods will normally be delivered within 5-15 working days or sooner. If an item is out of stock we will contact you immediately.
Our delivery service delivers your purchase to the ground level of your property. One delivery driver will deliver your boxed purchase. Our free delivery does not include the driver taking your purchase upstairs internally or externally. Drivers are not insured to enter your property and please do not ask them to lift heavy items without sufficient manpower, as this will often be in breach of Health & Safety legislation.
Certain products have pre-arranged deliveries,which means the item will be booked in with you by the carrier. If when the carrier arrives with your goods after pre-arrangement and there is no-one present to receive them, they will be returned to the carrier’s depot, or to us. In this case you will be liable for ALL charges for re-delivery. Please note, if the order is subsequently cancelled, you will be liable for all carriage charges and a 15% restocking fee also.
Delivery, where provided, applies to the UK mainland only.
For orders to the Highlands of Scotland, Isle of Wight or Isle of Man please contact us and we will advise if there is an additional delivery charge.
Within our normal courier service we are unable to give a specific date for delivery. HUR (UK) Ltd. will not be liable for any claim for compensation whatsoever for failing to deliver on a particular date or time.
Due to the size of some delivery vehicles, HUR (UK) Ltd or any carriers delivering on behalf of us MUST be informed of ANY restrictions regarding access for the delivering vehicles. This includes but is not limited to, steps (including those required to climb to gain access to the property entrance), any overhanging/low trees/shrubs, steep driveways, narrow lanes, tight bends or any other restrictions that may make it difficult for the delivering vehicle to gain access to the point of delivery.
Delivery and Installation by the manufacturer
Certain products have pre-arranged deliveries and installations, which means the item will be booked in with you by the carrier or the supplier. If when the carrier arrives with your goods after pre-arrangement and there is no-one present to receive them, they will be returned to the carrier’s depot, or to the supplier. In this case you will be liable for ALL charges for re-delivery. Please note, if the order is subsequently cancelled, you will be liable for all carriage charges and a 15% restocking fee also.
Delivery is by "one man" service to ground floor unless otherwise advised. "Two man" deliveries can be arranged by prior agreement - please note, an extra charge may be applied - please contact us for more details.
Due to the size of some delivery vehicles, UK Fitness Supplies Ltd or any carriers delivering on behalf of us MUST be informed of ANY restrictions regarding access for the delivering vehicles. This includes but not limited to, steps (including those required to climb to gain access to the property entrance), any overhanging/low trees/shrubs, steep driveways, narrow lanes, tight bends or any other restrictions that may make it difficult for the delivering vehicle to gain access to the point of delivery. UK Fitness Supplies Ltd will not accept any claims for compensation arising from non/failed/refused delivery of any item where the carriers or we were not made aware of any points regarding access restrictions. In the event that the item is refused/cancelled due to these restrictions, the customer is liable for all carriage charges & a 15% re-stocking fee will be applied. These charges are also applicable if If it is found that any of the larger products upon delivery 'will not fit' through any doors/stairwells and the product is subsequently returned/refused.
If you refuse to accept delivery of your order for any reason other than the product being damaged in transit, you are liable for all outward and return freight charges incurred by your refusal & a 15% re-stocking fee will be applied.
Signature on Delivery/Shortages or Damages
When the delivering carrier brings your order you MUST count the pieces you receive and look for any damage. The number of boxes you should receive will be noted on the carriers delivery note. If the number of boxes you receive does not exactly match the number of pieces on the carriers delivery note, you MUST note the number of pieces you received on the delivery note by your signature. Damage to the equipment/packaging MUST be noted on the delivery note next to your signature. THE WORDS 'UNEXAMINED' OR 'UNCHECKED' WILL NOT BE ACCEPTED AS A CONDITIONAL SIGNATURE. You MUST cross out 'delivered in good condition' from the carriers delivery note. It is very important to check your order. A signature is an acceptance that you have received the whole order in good condition. Any shortages or damages MUST be reported to UK Fitness Supplies Ltd. by the next working day from signing. Neither UK Fitness Supplies Ltd. nor the carrier can be held responsible for damages if you do not note them on your delivery note.
Warranty
Unless otherwise stated, all products offered for sale come with 1 years manufacturers parts & labour warranty. This is in addition to consumers' statutory rights.
Order enquiries
Returns & Exchanges
Please contact us within 7 days if you receive faulty products. You are entitled to a full refund should you wish or alternatively we will either arrange an exchange or in some cases an engineer to call. This could involve the customer dealing with the manufacturer direct. In the event of goods needing to be returned, the return will only be valid if authorised by UK Fitness Supplies Ltd. and if returned in appropriate packaging. We ask that you open all packages with care and that you retain the packaging in case the goods need to be returned.
PLEASE CONTACT US FOR A RETURNS AUTHORISATION NUMBER.
PLEASE NOTE: ABSOLUTELY NO UNAUTHORISED RETURNS WILL BE ACCEPTED.
Should you you wish to exchange an item for a different size please note that there may be a carriage charge for sending goods out again - please contact us for a quote.
All faulty or damaged goods or discrepancies must be notified to us on 01376 323344 or sales@ukfitnesssupplies.co.uk within 7 days of receipt.
Warranty Information
All products carry a one year manufacturers warranty unless otherwise stated. Warranties are valid for addresses in the UK and Republic of Ireland only. There are a few exceptions whereby certain products are only warranted for mainland UK addresses - where this is applicable UK Fitness Supplies Ltd. will advise you before processing your order.
Complaints
If you would like to make a complaint please contact Spencer Clark (Director) in any of the following ways:
UK Fitness Supplies Ltd.
24 Springwood Drive
Springwood Industrial Estate
Braintree
Essex
CM7 2YN
Tel. 01376 323344
email - complaints@ukfitnesssupplies.co.uk
All complaints will be acknowledged within 5 working days and UK Fitness Supplies Ltd. will endeavour to resolve the complaint as quickly as possible. We also commit to keep the consumer fully informed throughout the complaints process.
Your statutory rights are not affected by the terms & conditions of UK Fitness Supplies Ltd. All contracts are subject to English law.
Free delivery (mainland UK excluding the Highlands of Scotland) is included in the price you pay for all goods ordered from UK Fitness Supplies Ltd. over the value of £30 unless otherwise stated. Orders below this value may incur a 'small order' delivery charge - this will be clearly displayed on the product page. For orders to Northern Ireland, Republic of Ireland, Channel Islands and the Highlands of Scotland, please contact us and we will advise if there is an additional delivery charge.
Within our normal courier service we are unable to give a specific date for delivery, although where delivery has been requested for a specific date UK Fitness Supplies Ltd. will endeavour to fulfil this request within the free delivery service but this cannot be guaranteed. Next day and time specific delivered at a premium subject to availability of goods. Please call us on 01376 323344 when placing your order for a quote.
If the original delivery date requested by the customer cannot be met and the customer would rather not wait they are entitled to cancel their order and to receive any refund of monies paid.
Unless UK Fitness Supplies Ltd. have agreed a longer delivery time with the customer, we will deliver the goods within 30 days. If UK Fitness Supplies are unable to deliver the goods within this time you will be informed immediately and, with your agreement, another time for delivery will be arranged.
If we cannot agree another time for delivery, we offer the customer a full refund.
UK Fitness Supplies Ltd. will not be liable for any claim for compensation whatsoever for failing to deliver on a particular date or time.
Please note - we currently accept orders from our website for delivery to UK & Rebublic of Ireland addresses only (please see above for delivery charges).
Pricing
All prices include VAT @ 17.5%. All prices and special offers are subject to availability and change.
Cancelling your order
As a customer of UK Fitness Supplies Ltd. you have the unconditional right to cancel your order/s without giving a reason within 7 working days of receiving your goods & and your money will be returned within 30 days (the 7 working days starts the day after receipt of the goods). The customer should take reasonable care of the goods whilst in possession of them and must return them in their original packaging. The customer will be liable for the cost of returning the goods should they wish to cancel their order.
If you cancel your order after it has been shipped, you are responsible for any and all freight charges incurred by UK Fitness Supplies Ltd. Any unpaid freight charges will be deducted from your refund. If you refuse to accept delivery of your order for any other reason than the product being damaged in transit, you are liable for all outward and return freight charges incurred by your refusal. If it is found that any of the larger products upon delivery will not fit through any doors/stairwells and the product is subsequently returned/refused, you will be liable for all outward & return carriage costs & a 15% restocking fee will apply. We would therefore recommend that you ensure the product will fit and can be transported to its ground floor point of installation easily. If you need to confirm the boxed dimensions of a product please call us on 01376 323344 prior to placing your order.
All refunds will only be made after receipt by us of the original goods supplied by UK Fitness Supplies Ltd.
Payment
Payment is usually by credit or debit card and is taken when the order is placed. We can only deliver to the cardholders address found on the card statement. This is to protect us/you from card fraud. Should you wish to have the goods shipped to a different address (eg as a present) please contact us to clear the funds first. Cheques are acceptable as a form of payment. Cheques will be cleared before products are despatched.
HUR (UK) Limited is entitled to refuse any order placed by you.
If your order is accepted, we will confirm acceptance to you by online electronic means ("Confirmation") to the email address you have given us on the order. The order will then be fulfilled around the estimated date set out in the Confirmation or, if the Confirmation does not contain such a date, within 30 days. If you do not receive a Confirmation email, please contact us to ensure your order has been accepted.
You undertake that all details you provide to us for the purpose of purchasing products or services which may be offered by us on our website will be correct, that the credit or debit card which you use is your own and that there are sufficient funds or credit facilities to cover the cost of any products or services. We reserve the right to obtain validation and verification of the authenticity of your credit or debit card details before providing you with any products or services.
Availability
All products depicted on this website (as may be varied from time to time) are available almost everywhere in mainland UK, and by special arrangement to the Isle of Wight, Isle of Man and the Scottish Islands.
All products are subject to availability. If the product you order is unavailable, we shall notify you as soon as possible and shall reimburse your payment in full or provide you with a substitute of an equivalent quality and price.
General
We may assign, transfer, novate or subcontract any or all of our rights and obligations under these Terms and Conditions at any time.
We may alter these Terms and Conditions from time to time and post the new version on our website, following which all use of our website will be governed by that version. You must check the Terms and Conditions on the website regularly.
These Terms and Conditions together with the privacy policy, any order form and payment method instructions, if any, are the whole agreement between you and us. You acknowledge that you have not entered into this agreement in reliance upon any statement, warranty or representation made by us or any other person and you irrevocably and unconditionally waive any rights to claim damages and/or to rescind these Terms and Conditions by reason of any misrepresentation (other than a fraudulent misrepresentation) that is not contained in the Terms and Conditions, privacy policy, order form and payment method instructions.
If any provision or terms of these Terms and Conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other Terms and Conditions and shall be deemed to be deleted from them.
These Terms and Conditions and your use of our website are governed by English law and you submit to the non-exclusive jurisdiction of the English court.
Except in respect of a payment obligation, neither you nor HUR (UK) Limited will be held liable for any failure to perform any obligation to the other due to causes beyond your or HUR (UK) Limited’s respective reasonable control.
Failure or delay by either party enforcing an obligation or exercising a right under these Terms and Conditions does not constitute a waive of that obligation or right.
These Terms and Conditions do not confer any rights on any person or party (other than you and/or us) pursuant to the Contracts (Rights of Third Parties) Act 1999.
Notices
All notices shall be given:
• to us via email at ballwall@huruk.co.uk or by post at HUR (UK) Ltd, Suite 4, Global House, Moorside, Colchester CO1 2TW or
• to you at either the email or postal address you provide during any ordering process.
Notice shall be deemed received when an email is received in full by 5pm (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or 3 days after the date of posting.
Modifications to website
We reserve the right to make changes or corrections, alter, suspend or discontinue any aspect of our website or the content or services available through it, including your access to it. Unless explicitly stated to the contrary, any new features including new content shall be subject to these Terms and Conditions.
Please note that although we try to ensure that the content of our website is accurate, our websites may contain typographical errors or other inaccuracies.
These Terms and Conditions replace all other Terms and Conditions previously applicable to the use of our website and/or sale of the products.
Linked sites
HUR (UK) Limited make no representations whatsoever about any other websites which you may access through our website or which may link to our website. When you access any other website you understand that it is independent from us and that we have no control over the content or availability of that website. In addition, a link to any other website does not mean that HUR (UK) Limited endorses or accepts any responsibility for the content, or the use of, such a website and HUR (UK) Limited shall not be liable for any loss or damage cause or alleged to be caused by or in connection with use or reliance on any content, products or services available on or through any other website or resource. Any concerns regarding any external link should be directed to its website administrator or web master.
Website availability
We will try to make our website available but cannot guarantee that our website will operate continuously or without interruptions or be error-free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of our website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other Internet connected device.
We will do our best to ensure that all materials and information published on our website are accurate, but please note that all content, materials and information on our website are provided on an 'as is' basis and you assume total responsibility and risk for your use of our website and use of all information contained within it.
We accept no liability for any indirect, consequential loss, damage or special or punitive damages, or costs, or for any loss of data, profit, revenue, business contracts (whether direct or indirect) in each case, however caused, even if foreseeable and even if we have been advised of the possibility of such damages. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of our website or its contents other than as a direct result of purchasing products (which shall be subject to the exclusions and limitation of liability set out in these Terms and Conditions), we accept no liability for this loss or damage (except where we have been negligent) whether due to inaccuracy, error, omission or any other cause and whether on the part of us or our servants, agents or any other person or entity.
You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our website and is compatible with our website. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from our website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.