Terms & Conditions
TERMS AND CONDITIONS
Effective date: 10th August 2020
Welcome to the homegymweights.co.uk website (“Site” or “website”).
This website is owned and operated by Home Gym Weights, registered as Shane Elcock (.) in the United Kingdom. Throughout the website, the terms “Home Gym Weights”, “we”, “us”, “company”, “store” and “our” refer to Home Gym Weights. We offer this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our website and/ or purchasing something (“Customer”) from us, you engage in our “Services” and agree to be bound by the following terms and conditions (“Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the website, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
PLEASE READ THE FOLLOWING TERMS AND DISCLAIMERS CAREFULLY BEFORE USING THE SERVICES.
- What we do. Home Gym Weights is an online e-commerce selling gym equipment and fitness products across the United Kingdom.
- Descriptions of our products. The pictures of our products (and packaging) on our website are for illustrative purposes only. We work to ensure that colours are displayed accurately but we can’t guarantee that a device’s display of the colours exactly reflects those of our products.
- Sole discretion. We reserve the right to add/discontinue any product or service anytime at the sole discretion and without notice. We also reserve the right to take appropriate steps to protect Home Gym Weights and/or its users from any abuse/misuse as it deems appropriate in its sole discretion.
The Services are solely for your personal and noncommercial use unless otherwise authorised by Home Gym Weights in writing. You may not use the Services for any purpose that is unlawful or prohibited by these Terms or to solicit the performance of any illegal activity or other activity which infringes the rights of Home Gym Weights or others. Notwithstanding any other rights or restrictions in these Terms, you may not use the Services to:
(a) Transmit via or through the Services any information, data, text, images, files, links, or software except in connection with your authorised use of the Services or otherwise in response to specific requests for information by us;
(b) Introduce to our websites or mobile applications or otherwise in connection with the Services any computer or website viruses, worms, Trojan horses and/or harmful code;
(c) Obtain unauthorised access to any computer system;
(d) Impersonate any other person, including but not limited to, a registered user of the Services or an employee of Home Gym Weights;
(e) Invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity;
(f) Misrepresent the identity of a user or use a false e-mail address;
(g) Tamper with or obtain access to our websites or mobile applications or any component of any of them;
(h) Conduct fraudulent activities; or
(i) Collect or harvest information regarding other users of the Services for any reason whatsoever, including, without limitation, for sending such users unsolicited commercial e-mail.
You are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account or password. You agree to immediately notify us in the event of any unauthorised use of your account or other breaches of security.
- Eligibility to Purchase
The purchase of Products through Home Gym Weights is strictly limited to parties who can lawfully enter into and form contracts on the Internet. To make purchases on the website you will be required to provide your personal details and payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the Billing information provided. If you are under age 18, you may only use the Services with the consent of your parent or legal guardian. Please be sure your parent or legal guardian has reviewed and discussed these Terms with you.
Home Gym Weights reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.
All orders are subject to acceptance and availability. Once you have placed your order on the website, you will receive an email acknowledging the details of your order. This email is not an acceptance of your order. Acceptance of your order will be perfected upon completion of the packing of your order unless you cancel your order. We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party because of our withdrawing any Products from the website or refusing to process a transaction or unwinding or suspending any transaction after processing has begun. We strive to keep the majority of the products listed on our website in stock at all times. Occasionally some items are out of stock. If you order an item that is out of stock, we will contact you within 48 hours (2 working days) and advise you when the item is due back in or of any comparable product that is available.
6. Billing/PaymentsThe following payment methods are supported:
- Credit or Debit Card (Visa or MasterCard)
- Bank transfer
- Any other payment method shown by Home Gym Weights at the time of checkout.
- Prices shown on the website are in British Pound Sterling (GBP) or any other currency shown by the payment gateway and are inclusive of VAT.
- Prices payable for Goods that you order are as set out on our website.
- Delivery cost is paid additionally to the prices payable for Goods. Our delivery charges are calculated at check out and depend on the geolocation and size of orders.
8. Discount Codes
We may provide promotional codes offering a discount on our Products. Promotional codes cannot be used on past purchases. Promotional codes are non-transferable and there is no cash alternative. Furthermore, they cannot be used in conjunction with any other promotional code or offers and must be used by the date published, if any. Only one promo codes can be used at checkout. We reserve the right at any time without notice to retract and/or change the terms of promotional codes.
9. Delivery, Returns and Refunds
Please note that we directly sell and ship our products across the U.K.
- The product ordered on our website will take between 1 to 3 working days to be dispatched for delivery.
- Estimated time of arrival for deliveries at your address may take 1-4 working days depending on the destination. We are not responsible for any delay caused by the courier service company or due to any unseen, beyond control event.
- We ship all deliveries within the U.K. through our preferred courier service and business partnerships.
- Delivery destinations include the Scottish Highlands, the Scottish Isles, Isle of Man, Isle of Wight, Isle of Scilly, the Channel Islands, Northern Ireland.
- The Customer is required to pay for any delivery/shipping charges.
- Please note that the delivery/shipping charges depend on the delivery location.
Returns and Refunds
Should you receive an incorrect or faulty product please immediately contact us within 14 days of receiving the product. Upon receipt of the returned product we will assess its condition before authorizing a refund or exchange. Include a description of the damages, and include pictures if possible. This information is extremely helpful to us in making sure that our products are packaged and shipped properly. The cost of shipping, packaging and insurance to return the goods will be borne by the customer and goods must be received by us in perfect condition and in their original packaging. The cost of delivering the goods will be deducted from any refund. There is a re-stocking charge of 15% of the total value of the goods.
Refunds will be made in the original payment method and within 14 days of our receipt of goods. Refund requests are accepted at our discretion. We do not accept requests in the following circumstances:
- Return/Refund request is made after 14 days from the date of receiving the product.
- Product is used and damaged by the Customer
- Incomplete product or partial order
- Fraudulent Return/Refund request
Please send us an email on email@example.com to initiate a Returns/Refunds request.
These terms and conditions do not affect your statutory rights. Under distance selling regulations, you have a 14 day right to cancel. We must be notified of your intention to cancel in writing and the cost to return the goods will be the responsibility of the customer. Any free gifts received with your order must be returned if an order is cancelled. The couriers will not collect any unpackaged goods.
All order cancellations or returns must be notified to us by e-mail only.
- Product Warranty
The equipment sold by Home Gym Weights is covered by a minimum one year parts and labour cover. In many cases the warranty is greater than this. The warranty on equipment we sell varies from manufacturer to manufacturer. It can include a full on site repair facility or a 'back to base' warranty. In some cases, where there is a minor fault, the manufacturer will send a part by mail for the customer to fit. If an item develops a fault, please e-mail firstname.lastname@example.org stating the equipment you have, (brand and model number), serial number and a brief description of the fault.
Home Gym Weights will either arrange to send a part for the customer to fit, send an engineer to site, or in some instances, depending on manufacturer, ask that the goods be returned to our warehouse. Goods must be well packaged prior to collection. No goods will be accepted into our warehouse without prior authorisation from us. Home Gym Weights will then repair or replace the equipment with an equivalent or better model and deliver the goods back to the customer at our expense. The warranties only apply to goods within mainland UK.
- Limited License and Site Access; Acceptable Use
We grant you a limited license to use the Site for personal non-commercial use only. You may not: (a) resell or make any commercial use of this Site or any of the contents of this website; (b) modify, adapt, translate, reverse engineer, decompile, disassemble or convert any of the contents of this website not intended to be so read; (c) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of the contents of this website in any form or by any means; or (d) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on the contents of the website or to collect any information from the website or any other user of the website.
You use this website at your own risk. You agree that you will be personally responsible for your use of this website and all of your communication and activity on this website. If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other users, or otherwise violated the Terms and Conditions, we may deny you access to this website on a temporary or permanent basis and any decision to do so is final.
- Accounts, Registrations and Passwords
If you use this website and such use requires setting up an account and/or password(s), you are solely responsible for maintaining the confidentiality of your account and password(s) and for restricting access to your computer. If you open an account, register, or otherwise provide us with any information, you agree to provide us with current, complete, and accurate information as requested by any forms. Home Gym Weights is not responsible for any errors or delays in responding to any inquiry or request caused by any incorrect, outdated, or incorrect information provided by you or any technical problems beyond the control of Home Gym Weights. You acknowledge and agree that any login, identifier, or password issued in connection with this website (each a "Password") is confidential information and must be kept secure. You may not disclose such Password to another person or entity or permit another entity to access the website using such Password. You must notify Home Gym Weights immediately of any breach of security or unauthorised use of your account. Home Gym Weights cannot be responsible, and disclaims all liability in connection with, the use of any information that you post or display on this website.
- Intellectual Property Rights
Your use of the Site and its contents grants no rights to you in relation to any copyright, designs, and trademarks and all other intellectual property and material rights mentioned, displayed or relating to the Content (defined below) on the Site. All Content, including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Site, are protected by national intellectual property and other laws. Any unauthorised reproduction, redistribution or other use of the Content is prohibited and may result in civil and criminal penalties. You may use the Content only with our prior written and express authorization. To inquire about obtaining authorization to use the Content, please contact us at email@example.com
In addition to the intellectual property rights mentioned above, "Content" is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on the Site.
- Monitoring Activity
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, HOME GYM WEIGHTS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY (A) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE AS TO THE SITE AND ITS CONTENT, INCLUDING THE INFORMATION, DATA, SOFTWARE, OR PRODUCTS CONTAINED THEREIN, OR THE RESULTS OBTAINED BY THEIR USE OR AS TO THE PERFORMANCE THEREOF, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE. THE SITE AND ALL CONTENTS THEREIN AND COMPONENTS THEREOF ARE PROVIDED ON AN “AS IS” BASIS AND YOUR USE OF THE SITE IS AT YOUR OWN RISK.
- Limitation of Liability
You agree that in no event shall Home Gym Weights be liable to you, or to any third party, for any lost profits, incidental, consequential, punitive, special, or indirect damages arising out of or in connection with the Site or the Terms and Conditions, even if advised as to the possibility of such damages, regardless of whether the claim for such damages is based in contract, tort, strict liability or otherwise. This limitation on liability includes, but is not limited to, any (i) errors, mistakes, or inaccuracies in any Content or for any loss or damage of any kind incurred by you as a result of your use of or reliance on the Content; (ii) the transmission of any bugs, viruses, trojan horses or the like which may infect your equipment, failure of mechanical or electronic equipment; (iii) unauthorised access to or use of the Site or Home Gym Weights' secure servers and/or any and all personal information and/or financial information stored therein; or (iv) theft, operator errors, strikes or other labour problems or any force majeure.
You agree to indemnify and hold Home Gym Weights and its subsidiaries, affiliates, officers, directors, agents, and employees, harmless from and against any suit, action, claim, demand, penalty or loss, including reasonable attorneys’ fees, made by or resulting from any third party due to or arising out of your use of the Site, breach of the Terms and Conditions or the materials it incorporates by reference, or your violation of any law, regulation, order or other legal mandate, or the rights of a third party.
Security of your information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security. We use one of the best payment processors to process your payment. Our store is powered by Shopify.
- Dispute Resolution & Governing Laws
In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
These Terms and Conditions shall be governed by and construed in accordance with the law of the United Kingdom and you hereby submit to the exclusive jurisdiction of the U.K. courts.
We reserve the right to update and revise these Terms and Conditions at any time. You will know if these Terms and Conditions have been revised since your last visit to the website by referring to the "Effective Date of Current Policy" date at the top of this page. Your use of our Site constitutes your acceptance of these Terms and Conditions as amended or revised by us from time to time, and you should therefore review these Terms and Conditions regularly.
- Electronic Communications
When you visit the Site, or send us e-mails, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
If any of these Terms and Conditions shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining terms or conditions.
- Entire Agreement
These Terms and Conditions set forth the entire understanding and agreement between you and Home Gym Weights with respect to the subject matter herein and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written with respect to the Site. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved. You may not assign the Terms and Conditions, or assign, transfer or sublicense your rights therein. A failure to act with respect to a breach by you or others does not waive Home Gym Weights' right to act with respect to subsequent or similar breaches.
- Contact Us
For any questions, complaints, and queries or to report any violations, kindly send an email to firstname.lastname@example.org or give us a call on +44 (0)208 088 3585.