This website is operated by Odisse Sports & Fitness Limited (OSF) (Company Number: 06778377) with the registered office address as Enterprise House, 83A Western Road, Brighton BN3 1JB. The trading names used by the company are Fitness Impact and fitness-impact.co.uk. By accessing or using our website you agree to be legally bound by these Terms and Conditions. We reserve the right to change these terms and conditions at any time. You must check these conditions on each visit to our website and such visit will signify that you are willing to be bound by the latest posted terms and conditions. These terms and conditions are for Private Purchasers (consumers) only. (A consumer is defined as “any person who, in buying something to which the Consumer Protection (Distance Selling Regulations) 2000 apply, is acting for purposes outside their business.”) . Please read through these terms and conditions carefully before using our web site.
To Order a Product you will need to follow the Ordering procedures set out within these conditions. 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 ordering process and you shall be required to provide us with your personal details. If goods are required for a specific purpose which is over and above the item description or what is reasonably expected of the goods this needs to be notified to us at the time of purchase. 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 customerservice@fitness-impact.co.uk
Or by Post to:
Customer Service,
Odisse Sports & Fitness,
Enterprise House,
83A Western Road,
Brighton BN3 1JB.
Prices listed are in GBP and are inclusive of VAT (exceptions may apply, please see section “Arranging and Anticipating Delivery” section below). We may change the advertised price of a Product at any time.
The Price of your Order will be validated by us as part of the acceptance procedure. We try to ensure prices displayed on our website are correct at all times. Should a Pricing error arise, we will inform you if a Product's correct price is higher or lower than that stated on your Order and you may then choose to proceed or not with the order as required. We reserve the right to refuse and cancel any order where a pricing error has occurred.
We will endeavour to match the price of any like-for-like product you find on-line. If you find the same or like-for-like product cheaper elsewhere please email us at customerservice@fitness-impact.co.uk and ask for a price match. Discounted quotations can be requested for bulk or multiple Orders and by charities and community organisations.
Payment is usually by credit or debit card, we accept MasterCard, Visa, Switch, Solo, Delta or Maestro and payment is taken when we receive your order.
The price you pay is the price displayed on this website at the time we receive your order (and any applicable additional Delivery charges) apart from the following exception:
- While we try and ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled, any monies already paid will be refunded. If you cancel and you have already paid for the goods, you will receive a full refund.
OSF is entitled to refuse any order placed by you. All orders that you place on this website will be subject to acceptance in accordance with these terms and conditions.
The 'confirmation' stage sets out the final details of your order. Following this, we will send to you an order acknowledgement email detailing the products you have ordered. Please note that this email is not an order acceptance by OSF.
Acceptance of your order and the commencement of the contract between both parties will take place on despatch to you of the product(s) ordered unless we have notified you that we do not accept your order or you have cancelled it prior to dispatch.
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 to place your order on line or via our telephone system is your own and that there are sufficient funds or credit facilities to cover the cost of any products or services purchased from us. 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.
On-line and telephone order payments are processed via our SSL (Secure Socket Layer) secure payment system.
All products depicted on our website (as may be varied from time to time) are available to almost everywhere in mainland UK, and by special arrangement to the Channel Islands, Republic of Ireland, Isle of Wight, Isle of Man and the Scottish Highlands & Islands.
All products are subject to availability. If the product you order is unavailable, we may provide you with a substitute of an equivalent quality and price without notice ("Substitute Product"). In the event that we are unable to supply the product or any substitute product to you at all, we shall notify you as soon as practically possible and shall reimburse your payment in full in accordance with our refund policy section. We reserve the right not to supply you at our discretion.
Very occasionally products featured on our web site may be known by different model numbers or branding names but are in fact the same product as stipulated and confirmed by the manufacturer, these items may vary cosmetically, but are the same specification and design, we reserve the right to supply these as the products listed on our web site. These items will not be classed as substitute products. If you are in any doubt please speak to us before placing your order.
Occasionally manufacturers will update their products, and we reserve the right to supply these to fulfil your order. These will not be classed as substitute products.
Pictures, Videos and Illustrations are for illustration purposes only and products may occasionally vary in size, shape or colour, any accessories depicted are not included in the purchase unless expressly mentioned in the product description.
Important Home Delivery Information
With regards to Prices section above, our standard delivery refers to deliveries within most of mainland United Kingdom (England, Scotland and Wales) using our own and/or national carriers as required.
Deliveries to the Channel Islands, Northern Ireland, Isle of Man, Isle of Wight, Orkney, Shetland and Scottish Isles will incur an extra delivery charge and may possibly incur an extended lead time. (Please note that certain items may not be deliverable at all to these areas).
OSF reserves the right to cancel any order placed with us where it is logistically impossible for us to deliver the goods to that supplied location address. Where this is the case the order will be treated as cancelled and any monies already paid will be refunded in accordance with our refunds policy.
The following postcode prefixes may also incur an extra delivery charge depending on the carrier that is required for the goods in question:
AB CA20 DD FK IV KW KY PA PH
(These postcodes and also BT (Northern Ireland) postcodes are not ‘Next Day Delivery’ as advised by the automated email. Deliveries can take between an extra 2-4 working days).
Please Note: Other postcodes (depending on the item purchased and carrier) may still be subject to additional charges, please see individual product pages for more details. In all cases for further information and clarification regarding delivery information an delivery surcharges please contact our dedicated Sales Team prior to placing your order on 0845 544 0123.
Delivery Information
Please note: Due to Health & Safety regulations deliveries above or below ground floor are at the carriers discretion and are not guaranteed. This includes (but not limited to) steps that are immediately outside the premises, which are required to climb in order to gain access to the property.
Restricted Access
Due to the size of some delivery vehicles, 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. We 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.
Delivery (One Man)
All orders are processed and shipped in the order that they are received. Normal delivery time is 5 to 7 working days. Please note that unless the carrier/supplier offers a delivery booking in service your order will arrive without prior notification. A card will be left if no one is home & the goods returned to the carrier's local depot to await your contact. Delivery times may increase around holidays and peak shipping seasons. Please telephone to confirm current delivery times.
The freight delivery service you receive may vary among carrier companies. Since most carriers deliver to the curb side immediately adjacent to their vehicle and regard inside delivery as an extra service cost, it may be necessary for you to assist or move merchandise into your home, this is especially relevant if you live in a block of flats as carriers will only deliver to the ground floor entrance to the block. If you have alternative delivery requirements, please contact us. Be sure to include one or two phone numbers in case the carrier needs to notify you to arrange delivery.
All deliveries are made Monday - Friday between 8am & 6pm. Our carriers are unable to give specific times for delivery. An express 'NEXT BUSINESS DAY' delivery service MAY be available on certain products (subject to availability) please telephone on 0845 544 0123 for a quote.
Delivery (Two Man)
This service is available on larger or premium priced products (check at time of order). Although the carrier will place the product in the ground floor room of your choice, this is subject to good and safe access. Please note: Due to Health & Safety regulations deliveries above or below ground floor are at the carriers discretion and are not guaranteed. This includes steps that are immediately outside the premises and are required to climb in order to gain access to the property. Please allow at least 10 working days for this service. All deliveries are made Monday - Friday between 8am & 6pm. Our carriers are unable to give specific times for delivery.
If it is found that the product 'will not fit' through/round any doors/stairwells etc and the product is subsequently returned, you are responsible for all outward & return carriage costs & a 15% restocking fee is applicable. These larger products have pre-arranged deliveries, 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.
Refused Deliveries
If it is found that any of the larger products upon delivery 'will not fit' through any doors/stairwells etc and the product is subsequently returned/refused, you are responsible for all outward & return carriage costs incurred by & a 15% restocking fee is applicable. Please also see 'Restricted Access' terms. 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 prior to placing your order.
Late Deliveries
We or our carriers will always try to arrive on time, but will not be held responsible for late arrival due to unforeseen circumstances.
Additional Information
Due to the nature of external contract delivery, additional delivery charges are outside our control and the Company will not be held responsible for such costs. By agreeing to the terms and conditions you are also agreeing to accept additional delivery charges should your postcode or area necessitate these as detailed or by notification to you. If you have placed your order on line and an additional delivery surcharge is required your order will be placed on hold and you will be contacted to notify you of any additional charges that may be required. You can then choose to continue with your order by paying the additional delivery charges or you may cancel your order at that point. You are also agreeing to be bound by all terms and conditions that delivery companies have which are associated with us. These can be obtained by the companies own individual websites.
Any time scales or dates stated on our website or emails regarding our delivery are ESTIMATES only. We endeavour to deliver all goods within 28 days, but we do not accept liability whatsoever for any failure to deliver within that time and offer no compensation for failure to deliver within any given time scale. Orders received on Saturdays, Sundays or public holidays and Orders received after 1pm on weekdays, will be processed the next working day. We do not normally deliver on Saturdays, but where we can and we agree to with you an additional charge will be levied. We do not deliver at all on Sundays or public holidays.
Whilst we agree to use all reasonable endeavours to ensure that delivery is made around the delivery lead time advertised, you acknowledge that actual delivery is often via third party suppliers and carriers and can therefore be beyond our reasonable control. Incorrect personal details may also lead to problems or delays in delivery, so before placing your order, please ensure that you have included the full delivery address details, including an accurate postcode of the delivery address and your daytime contact telephone number(s) and an up to date e-mail address so that we can notify you in the event of a delivery problem. If you are not going to be in to accept delivery and you wish the goods to be left please notify us prior to delivery in writing ( post, email or fax ) or leave a signed note on your door to this effect.
Order Confirmation
Once your order is placed we endeavour to send out a confirmation email, providing you with the applicable contact details as provided to us, your order reference number and estimated delivery date. In most cases, you will be contacted prior to that estimated delivery date to notify you the day in which your delivery will be made. You may track your order at any time, see below for details.
Delivery Estimates
We endeavour to deliver all orders within a maximum of 28 days. If we are unable to deliver within this time scale then we will only proceed with your order if you agree to the longer delivery period following our contact with you or you do not contact us to confirm otherwise. We are unable to notify you of specific delivery time slots.
Those located in offshore or remote mainland areas are those most likely to require a delivery date extension and/or extra charges, if you feel you may be located in such an area, please contact our dedicated sales team first for specialised advice regarding delivery prior to placing your order, they can be contacted on 0845 544 0123.
Next Working Day Deliveries
Where any next working day delivery is offered in the product pages, orders must be placed by 12 noon to be processed in time for a next day delivery. (Orders placed on Saturdays, Sundays, Bank Holidays and after 12 noon will be processed on the next working day). Next day deliveries cannot be guaranteed and we offer no compensation for failure to deliver next day as requested. Where we do fail to meet our next day delivery obligation and the goods are subsequently delivered on another day we will refund the next day delivery charge to you so long as the error was on our part or that of our nominated carriers. We cannot refund the fee if the error was due to incorrect information being supplied at the time of order for this service which subsequently causes failure of the next day delivery or if the delivery is made next working day but refused at point of delivery or no one is in to accept the delivery when it arrives and no signed note has been left or received by us stating that the goods can be left unattended.
Missed Delivery
If you miss the delivery of your order, you may incur a re-delivery charge as we have met or original delivery obligation with our first attempted delivery. If this is the case we will of course notify you, prior to the re-delivery, of any charges that may be incurred.
All delivery times quoted on the product pages and on our web site are Estimated Delivery times only and cannot be guaranteed.
Please Note: Our delivery service is a kerb side delivery only. If you have any special requirements or believe access to your address may be difficult for our delivery driver please contact us prior to delivery on 0845 544 0123.
Delivery will be deemed as successfully made once the product has arrived at the address specified so long as the product has been signed for or a signed note by the buyer has been left to say that the goods can be left unsigned for. Where goods are required to be signed for, these must be signed for by an adult aged 18 years or more. Products will be deemed your responsibility once they have been received by you, your agent or the intended recipient or a signed note has been left indicating that delivery can be left unattended. Any loss or damage to the products shall then be at your own risk.
In case of delivery to certain locations such as hospitals, airports, hotels, ships and other business premises, the signature of any person authorised to accept delivery on behalf of that organisation shall be accepted as proof of delivery of the goods to yourself.
Please Note: If access for delivery is restricted please ensure that you inform us when placing your order or in all circumstances prior to dispatch of the goods. Failure to do so will result in the delivery being treated as a failed delivery if access is unavailable and may result in a re-delivery charge being applied. If the order is subsequently cancelled for a refund this will be treated as a cancellation under the Distance Selling Regulations 2000 and the original delivery charge will be taken from any refund issued. Should a delivery be refused at the delivery address, and re-requested for another date, we may, at our discretion charge for the second delivery since we met our delivery obligations with the initial delivery attempt. If you refuse an item that is being delivered for any reason when it arrives you must notify us immediately that you have refused delivery and the reason for refusal to customerservice@fitness-impact.co.uk failure to notify us may result in the original delivery charge becoming payable. If delivery is refused because it is decided you no longer require the goods and the order is subsequently cancelled and a refund given the original delivery charge will be deducted from the refund issued to you.
It is the Recipient’s responsibility to sign for the correct number of packages as shown on the carrier's delivery consignment note. Shortages must be noted on the consignment note. You should then notify us of the shortages within 48 hours of delivery. (Please see Packages/Parcels Missing on delivery section for further information)
It is your responsibility to ensure that your goods are checked before signing the delivery note. If you have received a package that is damaged and have chosen to accept the delivery, it is important that you sign the delivery note as "Damaged". You must then notify us of any damage within 48 hours of receipt and we may require photographic evidence of the damage to be supplied to us. We will then arrange to collect and replace your item within the usual time scales as indicated in the terms of delivery or offer an alternative remedy. Signing of the delivery note as ‘unchecked or similar wording’ does not waive your right of notification to us for damage as detailed above. Signing the delivery note as ‘unchecked or similar wording’ will be deemed to have been accepted as undamaged. We cannot accept claims for damaged goods if the courier has obtained a clean signature for delivery or if more than 48 hours after delivery have passed. We cannot process claims for damaged packaging where the contents are undamaged. The function of the packaging is to protect the contents whilst the goods are in transit.
If you receive a parcel which is obviously damaged beyond all levels of acceptability please REFUSE delivery for the item(s) and contact us immediately by email to customerservice@fitness-impact.co.uk or telephone us on 0845 544 0123 (Calls from BT landlines cost between 5 and 10 pence per minute. Callers in the UK pay the same call charges irrespective of National Geographic Location. Calls from mobiles may vary) we can then arrange for the appropriate action to be taken. We may ask for photographic evidence of the damage at our discretion.
If you wish to cancel your order before dispatch, please email us at customerservice@fitness-impact.co.uk. You may cancel your Order at any time prior to dispatch. If you cancel your Order via telephone before your order has been dispatched your Order will be put on hold. You must then confirm your wish to cancel the Order in writing via email to customerservice@fitness-impact.co.uk or post your cancellation request to the address in section 2. Your order will not be considered cancelled until notification in writing is received and acknowledged.
If you decide to cancel an order after the product(s) have been dispatched and commenced their carriage to you please email us at customerservice@fitness-impact.co.uk, we may, at our discretion, charge you for the return carriage of those product(s) which will be deducted from any refund issued. We advise you to check the status of your order before you request cancellation. Any charges will be communicated to you before we confirm the cancellation.
Before you request or arrange the return of a product, please read the information below carefully. Please note that if applicable, all parts must be checked before assembly to make sure they are all there and that you are happy with the quality, once fully assembled the purchase price cannot be refunded as the goods will be deemed to have been accepted by you. This does not affect your statutory rights.
Change of Mind Returns (Cooling Off Period)
You may return any delivered product(s) you have purchased within 10 working days after day of delivery for any reason (including if you simply change your mind). To do so you must notify us in writing via email to customerservice@fitness-impact.co.uk or via the postal system to the address in section 2 stating the reason for the return. If you are returning a product for any change of mind reason you must arrange to return the products to us or our suppliers and you will be responsible for any charges incurred. All returned products must be returned ‘as new’, if you have opened the package to inspect the goods you must have done so without damaging or marking the product. All items will be checked upon return before the relevant action is taken. All items are to be returned within 30 days of cancellation.
Please Note: You have a statutory duty of care in law to make sure that the items are sufficiently packaged to prevent damage occurring during their return. Failure to ensure this may result in action being taken against you for damaged items (Breach of Statutory Duty). If the item is damaged on arrival at our point of delivery we will notify you and you may need to make a claim against your carrier. The goods may then be collected from us.
Damaged or Broken on Arrival (Cancelling the Order)
In all cases for damaged items or broken items on delivery where you wish to cancel the order and return the goods (damage must be reported within 48 hours of delivery) we will require photographic evidence of the condition of the item you are returning. This will be at our discretion and is designed to protect both parties. Electronic files should be forwarded to us by email to customerservice@fitness-impact.co.uk and we will obviously also accept printed media via the postal system. We will then collect the item(s) from you if applicable. You will receive a full refund once the goods have been delivered to us and have been inspected. We cannot accept back for a full refund any item which has been fully assembled, incorrectly assembled causing a fault or damage, modified in any way, which includes painting or accepted by you by being used. Please note you have a statutory duty to take reasonable care of the goods in your possession which includes packaging the goods for return to prevent further damage occurring. The goods remain your responsibility until received by ourselves.
Damaged or Broken on Arrival (Replacement Parts or Item)
In all cases for damaged items or broken items on delivery where you wish to have a replacement or parts sent (damage to be reported within 48 hours of delivery) we will require photographic evidence of the condition of the item. This will be at our discretion. Electronic evidence files should be forwarded to us by email to customerservice@fitness-impact.co.uk and we will obviously also accept printed media via the postal system. We can then arrange to send replacement parts or if this is not possible we can then arrange to collect the item(s) from you. Once the goods have been returned we will then issue a replacement within our normal delivery schedule. Please note you have a statutory duty to take reasonable care of the goods in your possession which includes packaging the goods for return to prevent further damage. The goods remain your responsibility until received by ourselves.
Damage Reported After 48 hours of Delivery
We cannot accept any claims for damages to goods after 48 hours.
Item Received is Not What You Ordered
If the product delivered is not what you ordered (see section 5), or does not correspond fully with its item description and you wish to discuss this please notify us immediately on 0845 544 0123 (Calls from BT landlines cost between 5 and 10 pence per minute. Callers in the UK pay the same call charges irrespective of National Geographic Location. Calls from mobiles may vary) you may still need to email us with photographic evidence if requested to do so.
Item is Faulty on Delivery
If an item develops a fault within the first 10 days please DO NOT continue to use the goods, please notify us as soon as practicable on 0845 544 0123 (Calls from BT landlines cost between 5 and 10 pence per minute. Callers in the UK pay the same call charges irrespective of National Geographic Location. Calls from mobiles may vary) or drop an email to customerservice@fitness-impact.co.uk to inform us of the problem. We can then arrange for a replacement or refund as required. In both cases we will arrange to collect the goods at our expense and examine them. If the goods prove to be faulty we can then arrange for a replacement to be sent or to refund you the cost of your purchase if you wish to cancel your order. If you require a refund and the goods are not faulty following our inspection we will refund the purchase price to you less the cost of returning the goods to us as this will be classed as a change of mind return under the Distance Selling Regulations.
Please Note: You have a statutory duty to take reasonable care of the goods in your possession which includes packaging the goods for return to prevent damage. The goods remain your responsibility until received in a satisfactory condition by ourselves. Failure to take reasonable care of the goods may result in an action being taken against you for breach of statutory duty.
Item is Faulty After 10 Days
If the product becomes defective after 10 days it will be assumed that acceptance of the goods has taken place. Stop using the item(s) immediately. OSF will, at our discretion, repair the product by the issuing of replacement parts, replace the product or refund you. You will not be charged for the cost of returning a defective product to us. We may, at our discretion charge for the return of a product which proves not to be faulty or the fault has been caused by misuse including incorrect assembly. This of course does not affect your statutory rights.
Packages/Parcels Missing on Delivery
The delivery note which you sign will clearly state how many parcels should be delivered to you. If parcels/packages are missing on delivery please sign the delivery note and write on the delivery note how many parcels were actually received. Please notify us within 48 hrs (2 working days) of delivery on 0845 544 0123 (Calls from BT landlines cost between 5 and 10 pence per minute. Callers in the UK pay the same call charges irrespective of National Geographic Location. Calls from mobiles may vary) or drop an email to customerservice@fitness-impact.co.uk detailing the number of parcels missing. If we receive a signature on a delivery note stating that ALL parcels have been delivered we cannot accept any claims after this for missing parcels.
Parts Missing Following Delivery
Please notify any missing PARTS following the inspection of the goods. Please notify us within 7 days of delivery on 0845 544 0123 (Calls from BT landlines cost between 5 and 10 pence per minute. Callers in the UK pay the same call charges irrespective of National Geographic Location. Calls from mobiles may vary) or drop an email to customerservice@fitness-impact.co.uk detailing the parts and giving part numbers if applicable. You may also send in photographs or an illustration if this would help identify the missing part(s). On receipt of the information we will arrange for the relevant part(s) to be sent out to you. Please note that all parts must be checked before assembly to make sure they are all present, once assembly has been commenced and/or completed the purchase price cannot be refunded. (Please note this is not to be confused with missing PARCELS as detailed above)
Parts Missing After 7 days of Delivery
We cannot accept liability for part(s) missing if they are reported more than 7 days after delivery.
We will not accept returns or cancellations if the product(s) have been altered by applying chemicals or paints to the surfaces or by altering or customising the product in any way that could be deemed as you using or treating the products as your own. While in your possession, you must keep any products you intend to return to us in good condition. Products must be returned in the same condition as they were delivered and it is your responsibility to take reasonable care of these items. If products were delivered flat packed they should be returned in the same way including complete disassembly where appropriate. Care must be taken to ensure the returned products are packed well to avoid damage or loss of parts in transit, the products remain your responsibility until they are received by us in an undamaged condition. Your statutory rights are not affected.
Refunds will be processed as soon as practicable but will be processed within a maximum 30 days. Where exchange rates of currency are involved, the refund will be made in GBP at the current exchange rate. We do not accept responsibility for any loss or gain caused by changes in the exchange rate between the time of ordering and the time of issuing the refund.
We may assign, transfer, 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 current version. You must check the terms and conditions on the website regularly or at least on each visit to our site.
These terms and conditions together with the privacy policy, security policy, any order, order acknowledgement and communications and payment method instructions, if any, are the whole agreement between you and us. 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 OSF will be held liable for any failure to perform any obligation to the other due to causes beyond your or OSF’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 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. Please note that our website is available only to individuals that can form legally binding contracts under applicable law. You must be over 18 years to purchase the Products, using the payment methods displayed on our website. If you do not qualify you may not use our website.
OSF shall be under no liability for any delay or failure to deliver products or otherwise perform any obligation as specified in these terms and conditions if the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control.
Notwithstanding the any of above, OSF’s liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the product(s) in respect of one incident or series of incidents attributable to the same cause. This of course does not affect your statutory rights as a consumer, and does not affect your contract cancellation rights.
All items bought by companies or individuals for trade or resale purposes will not have any warranty other than that provided by the original manufacturer.
Any warranty offered or implied is only valid for goods within the United Kingdom.
All products sold on our websites are for Domestic Use Only unless otherwise stated in the description and/or product pages. Any warranty offered or implied, unless otherwise stated in the description, is for Domestic Use Only.
- All communications with OSF shall be given;
- To us via email to customerservice@fitness-impact.co.uk (Please note that even though an email has been sent or you have received an automated email acknowledgement this is not proof that we have received or read the email. If you have had no reply within 5 days please contact us by another method).
- To us via post at;
- Enterprise House, 83A Western Road, Brighton BN3 1JB.
- By Telephone: 0845 544 0123 (Calls from BT landlines cost between 5 and 10 pence per minute. Callers in the UK pay the same call charges irrespective of National Geographic Location. Calls from mobiles may vary)
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: Although we try to ensure that the content of our website is accurate, our websites may contain typographical errors or other inaccuracies E&OE (Errors and Omissions Excepted). Where this is the case and the error has been pointed out to us we will endeavour to amend the website accordingly as soon as practicably possible. Minor inaccuracies or typographical errors will not be treated as a reason to declare misrepresentation due to the information provided. If you are relying wholly on any content to make your purchase decision please feel free to contact us on 0845 544 0123 to clarify and confirm any detail prior to placing your order with us. This does not affect your statutory rights.
Photographs and Videos are for illustrative purposes only. Product colours may vary slightly due to the photographic process and computer display. Illustrations used are merely illustrations and the product may be cosmetically different but will not deter the quality and/or performance of the product. Any accessories depicted are for illustrative purposes only and are not included with the product unless expressly noted in the product description.
These terms and conditions replace all other terms and conditions previously applicable to the use of our website and/or sale of the product(s).
For any product you purchase from our web site:
- We have the right to refuse to sell or sell the product to you;
- The product will correspond with the advertised description E&OE ( Errors and Omissions Excepted ); and
- The product will be of satisfactory quality in relation to the item description and the price paid.
- We will not consider claims for consequential loss in relation to distress, inconvenience or disappointment.
- In any event liability shall be limited to a sum equal to the amount paid or payable by you for the product(s) in respect of one incident or series of incidents attributable to the same cause.
The following applies to any information you provide to us, for example during the registration or ordering process.
- You authorise us to use, store or otherwise process any personal information which relates to and identifies you, including but not limited to your name and address, to the extent reasonably necessary to provide the services which are available through our website by us, our suppliers, our partners, successors (including the purchaser of the whole or part of our business), associates, sub-contractors or other third parties (together our “Partner Companies”).
- If you obtain or choose to buy products from our website then we may collect information about your buying behaviour and if you send us personal correspondence such as emails or letters or other messages, then we may collect this information into a file specific to you (together, the various purposes set out in this paragraph and in our privacy policy shall be known as the “Purposes”). All such information collected by us shall be referred to in these terms and conditions as “Personal Information”.
- You must ensure that the personal information you provide is accurate and complete and that all ordering or registration details (where applicable) contain your correct name, address and other requested details. For more information about how we deal with your personal information, please read our privacy policy. By accepting these terms and conditions, you agree to the processing and disclosure of the personal information for the purposes. If you would like to review or modify any part of your personal information then you should email us at customerservice@fitness-impact.co.uk. In addition, the following applies to all messages, emails, ideas, suggestions, concepts and other material submitted by you to us ("Content"):
- You must own or have the right to submit content for publication on our website and all content submitted by you must be legal, honest, decent and truthful and comply with all applicable laws, regulations, standards and/or codes of practice;
- You must ensure that all content submitted to us does not infringe the copyright, design, privacy, publicity, data protection, trade mark or any other rights of any third party, nor be obscene, abusive, threatening, libellous or defamatory of any person or be otherwise unlawful;
- You must ensure that the content does not advertise or otherwise solicit for funds or is a solicitation for products or services; and
- We have the right to monitor content and may elicit, reject remove or change content if we believe it does not comply with the above and, in particular, we reserve the right to block incoming emails and other content if we believe that their content is, or may be inappropriate or otherwise does not comply with the above. You grant us a non-exclusive, irrevocable, royalty free, worldwide licence to publish all content that you submit to us except any portion of the content that is personal information. You have sole responsibility for the content which you submit to us and you shall indemnify and shall keep us fully and effectively indemnified on demand from and against all actions, claims, losses, liability, proceedings, damages, costs, expenses, loss of business, loss of profits, business interruption and other pecuniary or consequential loss (including legal costs and expenses) suffered or incurred by us and arising directly or indirectly out of the publication of Content submitted by you to us. You warrant and undertake that you will not use our website for any purpose that is illegal or prohibited by these terms and conditions, including without limitation the posting or transmitting of any libellous, defamatory, inflammatory or obscene material. If you breach these terms and conditions then your permission to use this website terminates immediately without the necessity of any notice being given to you. We retain the right to deny access to any person who fails to comply with these terms and conditions.
- We are pleased to receive your contributions to the website (these include tips, discussion groups, product reviews, videos and anywhere else that your contributions are included on the website). We point out that the website is international and is accessible throughout the world and that by contributing in any way to the website, as above, you are consenting to the publication of your contribution on our websites. OSF reserves the right to edit or not to display any contributions for whatever reason where necessary. No correspondence will be entered into regarding this.
All advertised sizes and measurements are an approximation but OSF endeavour to make sure that all are as accurate as possible.
You are responsible in all respects for all use of and for protecting the confidentiality of any username, email verification and password that may be given to you or selected by you for use on our website. You may not share these with or transfer them to any third parties. You must notify us immediately of any unauthorised use of them or any other breach of security regarding our website that comes to your attention.
Unless otherwise specified all content and materials published on our website are presented solely for your private, personal and non-commercial use. Our website is controlled and operated by us from our offices in England. Where content published on our website is supplied by third parties, you understand that we do not control or endorse such content in any way. All content which is offered by third parties that are not affiliated with or otherwise connected with us, is published in good faith but we do not (to the extent permitted by applicable law) accept responsibility for the accuracy or otherwise of such content (whether published on or offline) and the use of such content except for content which relates directly to Products you purchase. You assume total responsibility and risk for your use of our website and use of all information contained within it.
We have used our best endeavours to ensure that our website complies with UK laws. However, we make no representations that the materials on our website are appropriate or available for use in locations outside the UK. Those who visit our website from other locations do so on their own initiative and are responsible for compliance with all applicable laws.
If use of our website and/or viewing of it, or use of any material or content on our website or services, or products offered through our website are contrary to or infringe any applicable law in your jurisdiction(s), you are not authorised to view or use our website and you must exit immediately. OSF makes no representations and gives no warranties, express or implied that making the Products available in any particular jurisdiction outside the UK is permitted under any applicable Non-UK laws or regulations. Accordingly, if making the Products or any part available in your jurisdiction or to you (by reason of nationality, residence or otherwise) is prohibited, those Products are not offered for sale to you.
You accept that if you are resident outside the UK, you must satisfy yourself that you are lawfully able to purchase the Products. OSF accepts no liability, to the extent permitted by applicable laws, for any costs, losses or damages resulting from or related to the purchase or attempted purchase of the Products by persons in jurisdictions outside the UK or who are nominees of or trustees for citizens, residents or nationals of other countries.
The contents of our website are protected by international copyright laws and other intellectual property rights. The owner of these rights is OSF, its affiliates or other third party licensors. All product and company names and logos mentioned in our website are the trademarks, service marks or trading names of their respective owners, including us. You may download material from our website for the sole purpose of placing an Order with Us or using our website as a shopping service. However, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from our website including but not limited to text, graphics, video, messages, code and/or software without our prior written consent, except where expressly invited to do so.
OSF makes 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 OSF endorses or accepts any responsibility for the content, or the use of, such a website and OSF shall not be liable for any loss or damage caused 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.
We will try to make our website available but cannot guarantee that our website will operate continuously or without interruptions or is 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.
Odisse Sports and Fitness Ltd (trading as Fitness Impact and fitness-impact.co.uk)
May 2009
