Terms & Conditions
TERMS & CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS OF SALE CAREFULLY BEFORE MAKING YOUR DECISION TO PURCHASE.
www.GymRatInc.com (“Website”) is intended only for consumers wishing to order www.GymRatInc.com products (“Products”). The terms and conditions under which the Products are offered for sale on this Website are set out below. By placing an order on the Website you accept and agree to be bound by these terms and conditions. www.GymRatInc.com reserves the right to change these terms and conditions at any time without prior notice. Such change however will have no effect on orders that were submitted before posting of such revised terms and conditions on this Website.
GymRatInc is a trading name of Gym Rat Inc Ltd, Company No. 09909881, VAT No. GB 877 5358 68, registered at Unit 3, South Lodge Farm, Ecton, NN6 0QR
- PLACING YOUR ORDER
2.1. To place an Order you must be 18 years of age or over, be accessible by telephone and have a valid email address.
2.2. You may place an order by:
2.2.1. filling in the order, adding the desired products to the cart on the Website after logging into or creating your personal account and clicking on the appropriate submission button through the checkout.
www.GymRatInc.com will not accept orders placed in any way other than those listed above.
2.3. When you place your order, www.GymRatInc.com will issue you with a Web Order Number. www.GymRatInc.com will do this via the Website and subsequently via your specified email address. Please note that such a Web Order Number is supplied for reference purposes only and does not constitute our acceptance of your order.
2.4. By placing an order, you make an offer to us to purchase the Products you have selected on these terms and conditions. www.GymRatInc.com may or may not accept your offer at our discretion or may reduce the number of Products we accept to deliver to you. However, orders submitted by you are binding on you and cannot be cancelled/amended after order submission.
2.5. If www.GymRatInc.com accepts your order, we will notify you of our acceptance by issuing an order confirmation. www.GymRatInc.com will send your order confirmation to you by e-mail. The order confirmation will be effective as of the date on which the order confirmation is sent to you. If we cannot accept your order, we will attempt to contact you by email or telephone or post.
2.6. Please note that the on-screen display of the colours, designs, products may differ from the actual appearance or size of products offered on the Website.
- SUPPLY OF YOUR PRODUCTS
Subject to these terms and conditions, www.GymRatInc.com will supply to you the Products indicated on your order confirmation.
4.1. All prices are in GBP. Prices shall be those prices published on this Website at the time you submit your order. The prices published on the Website are inclusive of VAT where applicable but may be exclusive of shipping costs, which are for your account. These costs will be calculated separately as applicable and specified on the order form and added to the total price of the order. The total price stated on the order form you submit shall be the total amount payable by you for the products including shipping.
4.2. If, by mistake, we have under priced a product, we will not be liable to supply that product to you at the stated price, provided that we notify you before we despatch the product to you. In those circumstances, we reserve the right to cancel your order. In the event we cancel your order, we will give you a full refund on any amount already paid for that product in accordance with our return and refund policy.
4.3. Delivery costs, where applicable, are payable by you as indicated on your order confirmation.
- PAYING FOR YOUR PRODUCTS
5.1. You may pay for your Products by the methods of payment as may be displayed at the Website checkout.
5.2. You must pay in the currency as indicated on your invoice.
5.3. If you are paying by credit or debit card, then you must supply your credit or debit card details when you place your Order. www.GymRatInc.com will not supply the Products to you nor perform the services until your credit or debit card issuer has authorised the use of your card for payment of the Products and/or services ordered. If www.GymRatInc.com does not receive such authorisation we shall inform you accordingly. www.GymRatInc.com reserves the right to verify the identity of the credit or debit card holder by requesting appropriate documentation.
- DELIVERY OF YOUR PRODUCTS (ADDRESSES IN THE UNITED KINGDOM, SPAIN, ITALY, FRANCE, GERMANY & THE NETHERLANDS)
6.1. www.GymRatInc.com will deliver the Products to the delivery address you have specified in the order form and in accordance with the delivery option you have chosen. In the event you order various Products to be delivered to different addresses, you will need to submit a separate order form for each delivery address. Any delivery or shipment dates given by www.GymRatInc.com are best estimates only and www.GymRatInc.com shall not be liable for any loss, damage, costs or expenses for failure to deliver in accordance with the delivery or shipment dates given. In the event that any of the Products ordered are out of stock, this may mean the whole order is delayed. If so, an estimate of the delay will be given by e-mail or post but delivery shall in any case be made within thirty (30) days as of the date indicated on the order confirmation by www.GymRatInc.com.
6.2. Title to and risk of loss in your Products will pass to you on delivery of the Products.
6.3. Upon delivery of the Products to the carrier www.GymRatInc.com will send you a confirmation of shipment by e-mail provided you have indicated an e-mail address on the order form or by post.
- DELIVERY OF YOUR PRODUCTS (WHERE CUSTOMER'S ADDRESS IS NOT UK MAINLAND, NI, IOM, SPAIN, ITALY, FRANCE, GERMANY & THE NETHERLANDS)
All ownership, title and risk in the Products will pass to you immediately at the point and time at which such Products are placed at your disposal at our premises in the UK.
7.2.1. You acknowledge and agree that www.GymRatInc.com will aim to delivery the products to you based on delivery cost payment made.
- EXCHANGES, RETURNS AND REFUNDS
8.1. You may return the Product to www.GymRatInc.com or cancel the entitlement to services and obtain a refund of the price of the returned Product provided that you contact us within seven (7) working days from the day after the goods are delivered.
Although you will have to pay the cost of returns, the refund will include the full value of the product.
If a product is sold as part of a product combination (bundle) in which other products are offered for free or at a discount compared to their normal price, the bundled product must at www.GymRatInc.com’s request be returned with the product purchased. www.GymRatInc.com reserves the right to raise an invoice in respect of any free or discounted bundles product not so returned.
8.1.1. If a Product was supplied in error, is incomplete or faulty and you believe that you are entitled to a replacement or repair in accordance with paragraph 8 below, please email www.GymRatInc.com
8.1.2. If you have received the ordered Product(s) and have simply changed your mind about purchasing it, you may return the Product(s) or entitlement to Service to us for a refund and provided:
- You inform GymRatInc.com within seven (7) working days from the day after the goods are delivered; and
- You have proof of purchase (i.e. order number / identification)
Please note that while the Product(s) remain in your possession you are under a duty to ensure that the Product(s) are kept safe and secure.
8.2. Steps to Follow to Claim a Refund: (i) Cancellation can be exercised in writing or any other durable medium, by emailing us at www.GymRatInc.com
(ii) before returning any Product(s) it is helpful if you check that you have:
- Used appropriate packaging;
- Clearly displayed the returns address;
- Sealed the packaging securely.
(iii) Following these steps will help ensure the Product(s) arrive at the correct destination and in good condition within a timely fashion.
9.1. www.GymRatInc.com - branded Product Warranty www.GymRatInc.com warrants the Products as stated on the Web Site. Specific warranties may apply to certain Products (such as customised Products) as specified on the Website. Should the Product supplied by www.GymRatInc.com not comply with the applicable warranty we shall, at its option and expense, unless provided otherwise in the applicable warranty, repair or replace the Product or refund the purchase price upon return of the Product. Except as expressly set out in these terms and conditions, to the fullest extent permitted by law www.GymRatInc.com hereby disclaims any and all warranties, whether express or implied. The limited warranty set out above will not affect or prejudice your statutory rights.
9.2. IF YOU ARE A CONSUMER, THE WARRANTIES REFERRED TO ABOVE ARE IN ADDITION TO AND DO NOT AFFECT YOUR STATUTORY RIGHTS.
9.3 www.GymRatInc.com WILL NOT BE LIABLE UNDER THE CONTRACT FOR ANY LOSS OF INCOME, LOSS OF PROFITS, LOSS OF CONTRACTS, LOSS OF DATA OR FOR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND HOWSOEVER ARISING AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE.
9.4 www.GymRatInc.com MAXIMUM AGGREGATE LIABILITY UNDER THE CONTTRACT WHETHER IN TOR (INCLUDING NEGLIGENCE) OR OTHERWISE SHALL IN NO CIRCUMSTANCES EXCEED THE AMOUNT PAYABLE BY YOU TO www.GymRatInc.com IN RESPECT OF THE PRODUCT(S) AND/OR SERVICES IN QUESTION.
MAXIMUM AGGREGATE LIABILITY UNDER THE CONTTRACT WHETHER IN TOR (INCLUDING NEGLIGENCE) OR OTHERWISE SHALL IN NO CIRCUMSTANCES EXCEED THE AMOUNT PAYABLE BY YOU TO www.GymRatInc.com IN RESPECT OF THE PRODUCT(S) AND/OR SERVICES IN QUESTION.
- www.GymRatInc.com LIABILITY
10.1. These terms and conditions set out the full extent of our obligations and liabilities in respect of the supply of the Products (and performance of telephone support and warranty services) and the performance of any Services.
10.2. Save as set out at paragraph 9.2, there are no warranties, conditions or other terms that are binding on www.GymRatInc.com regarding the supply of Products except as expressly stated in the contract.
10.3. Any warranty, condition or other term arising out of or in connection with the supply of Products and/or the provision of Services which might otherwise be implied into or incorporated in the contract by statute, common law, laws applicable in the country where you purchased the Products or Services or otherwise (including without limitation any implied term as to quality, fitness for purpose, reasonable care and skill) is hereby expressly excluded to the maximum extent permitted by law. In particular, www.GymRatInc.com will not be responsible for ensuring that the Products are suitable for your purposes
10.4. Nothing in the contract shall limit or exclude our liability (i) for death or personal injury caused by our negligence or (ii) for fraud or (iii) any breach of the obligations implied by applicable compulsory national laws as to title or (iv) any liability which cannot be excluded by law.
10.5. SUBJECT TO CLAUSE
10.6. This does not affect your statutory rights as a consumer, nor your right to return the Products as per clause 7.
ONLINE SHOP YOU CAN CONTACT www.GymRatInc.com :
- Via eMail.
- DATA PROTECTION
12.1. Your transaction records are accessible to you if you are a registered customer by entering your Web Order Number(s) so that you may check the status of your order(s) and check the order content.
- CIRCUMSTANCES BEYOND REASONABLE CONTROL
www.GymRatInc.com will make every effort to perform its obligations under the contract. However, it cannot be held responsible for delays or failure to perform if such delay or failure is caused by any circumstances beyond our reasonable control. In the event of a delay, we will perform our obligations as soon as reasonably possible.
- DISAGREEMENTS GOVERNING LAW AND JURISDICTION
www.GymRatInc.com will try to solve any disagreements quickly and efficiently. If you are not happy with the way it deals with any disagreement and you want to take court proceedings, you must do so within the courts of England & Wales. The applicability of the United Nations Convention on Contracts for International Sale of Goods is hereby explicitly excluded.
15.1. Neither www.GymRatInc.com failure nor your failure to enforce any term of the contract constitutes a waiver of such term. Such failure shall in no way affect the right later to enforce such term.
15.2. The invalidity or unenforceability of any provision of the contract shall not adversely affect the validity or enforceability of the remaining provisions.