Terms & conditions

Terms & Conditions

Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the website. If you do not agree to be bound by these terms and conditions, you should stop using the website immediately.

Copyright

The information contained on this website is, unless otherwise stated, the copyright of BANDFIT. Users are permitted to readand make copies of the information for their own personal use. Users may also provide copies to others for information purposes provided that they do so free of charge, that the content of the published material remains intact, that the user’s communication of the content must not be misleading or inaccurate and that the user must draw to the attention of recipients the warning in this notice. No other use of the materials published on this website is permitted without the express prior written consent of BANDFIT. At all times the content (including graphics and images) remain the copyright of BANDFIT.

Privacy

Use of the website is also governed by our Privacy Policy which is incorporated into these terms and conditions by this reference. To view the Privacy Policy, please click here.

The following terms and conditions apply to all transactions on www.bandfit.co.uk
The placing of an order indicates your acceptance of these terms and conditions. Please read them carefully and print a copy for future reference. These terms and conditions do not affect your statutory rights. To order goods through this website you must be at least 18 years of age. We will treat each order for goods as an offer by you to purchase the goods subject to these terms and conditions.

IT IS ONLY WHEN WE HAVE DESPATCHED THE GOODS TO YOU THAT WE HAVE A BINDING CONTRACT.

We have the right to refuse at our discretion to supply any goods ordered by you. 

Description of Goods/Warranty and Liability

All images, descriptive matter, specifications and advertising are for the sole purpose of giving an approximate description of the goods. Full details are available from the original manufacturer's brochures & websites. Except where the Customer is dealing as a consumer (as defined in the Unfair Contract Terms Act 1977, section 12) all other warranties, conditions or terms relating to fitness for purpose, merchantability or conditions of the goods whether implied by Statute, Common Law or otherwise are excluded and the Customer warrants that the Customer is satisfied as to the Suitability of the Goods for the Customer's purpose. Goods are not sold on a trial basis. 

Typographical Errors

In the event that a product is listed at an incorrect price due to a typographical error or error in pricing information from our suppliers, we shall have the right to refuse or cancel any orders based on the incorrect price whether or not the order has been confirmed. 

Product Images / Specifications:

Whilst we endeavour to ensure all images and specifications are correct at the time of publication, they do vary. As such we can accept no responsibility for incorrect images/information. If however you spot a mistake with an image or with any product specification please let us know.

Payment Method

On the order you must provide us with your exact address and telephone number that your credit card issuer has on file for you. Your order will only be processed once authorisation has been properly received. All payments are currently processed via PayPal and are therefore subject to PayPal’s terms of use and security.  These can be viewed via:
https://www.paypal.com/uk/webapps/mpp/ua/legalhub-full?locale.x=en_GB
BANDFIT Limited will not store any credit card information; all payments are processed by Paypal.

Availability of Goods

All products are subject to availability and may be withdrawn at any time. However it is our policy to contact you if a product is out of stock and if you do not wish to proceed with the order or for any reason we cannot supply the product we will arrange for the order to be cancelled. We offer an extended range of products which are obtained directly from our suppliers. These products are subject to suppliers' stock availability and delivery dates made by the suppliers' own delivery services. It is our policy to contact you to explain the stock and delivery situation with these products. Again if you do not wish to proceed with the order, we will arrange for it to be cancelled.

Delivery

Whilst every reasonable effort shall be made to keep any delivery date, time of delivery shall not be of the essence and we shall not be liable for any losses, costs, damages or expenses incurred by the Customer or any other person or company arising directly or indirectly out of any failure to meet any estimated delivery date. Unless otherwise agreed we may deliver by instalments. Should the Customer request for the delivery to be by instalments a further agreed carriage charge will be applicable. Failure by the Customer to pay for any instalment or delivery when due shall entitle us to withhold further deliveries and the Customer shall be liable for any costs incurred by the Supplier relating to such Goods which the Supplier is then entitled to withhold. Delivery of the Goods shall be made to the Customer's address and the Customer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.

Time Limitations for Notification of claims

Damaged in Transit

As some damage cannot always be identified on delivery, the Customer must sign the driver’s manifest as "unchecked". Should any damage be identified on opening the package, BANDFIT Ltd must be advised within 48 hours of the exact damage. It is imperative that the Customer does not dispose of any of the packaging, as this will be required to affect a claim against the carrier. The claim will be handled by BANDFIT, and an arrangement will be made to collect the damaged goods and replacements will be sent. We cannot accept any claims for damage if the above time scales are not followed.

Shortages 

It is the Customers responsibility to sign for the correct number of packages that are delivered, the Customer is required to check that the number of packages delivered equal the number of packages on the delivery drivers manifest/consignment note. Any shortages must be noted on the drivers manifest and it is the Customer’s responsibility to thereafter notify us within 48 hours of delivery. Should the Customer be missing an item but has signed for the correct number of packages, the Customer must notify us within 48 hours of delivery. The Customer will be requested to provide us with a copy of the invoice as well. The matter will be investigated and the Customer will be informed of the decision.

Incorrect Goods

It is the Customer’s responsibility to notify us of any incorrect goods supplied within 48 hours of delivery. If the items are not as ordered, the Customer must not open the packaging or use the item. The Customer will also be required to provide further information on what was received i.e we may require the part codes and a full description of what has been received. Should there be any extenuating circumstances that has prohibited the Customer to remain within the specified time frame, resolution will be by mutual decision.

Non-Deliveries

We will not accept liability for goods lost in transit unless we are notified within 5 days from the expected delivery date. This will be the date advised on the Customers automated despatch note which is emailed to the Customer once the items have left our warehouse. We shall accept no liability for shortages, non-deliveries, incorrect goods and goods damaged on delivery outside the reported timescales. Except when extenuating circumstances have prevented notification within the reported timescale. The extenuating circumstances must be by mutual agreement.

Product Guarantees

All products usually come with a 12 month manufacturer’s warranty. This warranty is subject to compliance with our ‘sensible usage’ terms which must be read and accepted before purchase.

Cancellation of Orders

Orders cancelled after dispatch of the goods will be subject to credit only once the items are returned to us and receipted back into our stores. If the items are accepted, opened and used the Distance Selling Regulations will apply. In all instances, goods must be returned as new, with no blemish, defect or parts missing, neither must the outer manufacturer packaging show any damage or be defaced in anyway. Should the items/packaging show any damage or be incomplete and defaced in any manner a 25% fee will apply, this will automatically be deducted from the credit issued.

Items no longer required (Not applicable for Faulty Goods)

If you are not totally satisfied with your purchase, you can return it within 7 days from receiving the goods for a refund provided it is in pristine condition in its original packaging. The Customer will be responsible for the safe return of the goods. Goods must be returned "as new" or in the same condition that they were received in. There should be no damage, all parts, items should be returned, all packaging must be included. We do not refund carriage charges applied to the initial order and neither do we pay for the cost of returning the items to us. Adequate packaging must be used to return the goods. Adequate packaging constitutes that the item is wrapped securely in order for the item to return to us with no internal or external damage. Items that are not securely wrapped and received will be returned in the same manner. We reserve the right to reject any item(s) that do not meet the criteria laid out above. A restocking fee of up to 25% of the original invoice value may be levied on item(s) returned after 7 days of the goods being delivered.

Faulty Goods

A restocking fee of up to 25% is charged on returns, which prove to be non-defective. The restocking fee is non-negotiable.

Refunds

If for any reason you are issued with a refund, please note the following:

  • All refunds will be issued to the same payment method as on the original order.
  • When a refund is processed, you will receive an email notification.
  • A refund will usually reach your credit card account within 4 working days after it being processed, please allow up to 10 working days for it to be credited. We do however reserve the right to refund you within 30 days of the return.

Force Majeure

We will not be under any liability whatsoever in the event that we are prevented or delayed from supplying or making delivery of any Goods by any reason or cause beyond our control.

No Waiver

Our failure to insist upon strict performance of any provision of these Terms and Conditions shall not be deemed to be a waiver of our rights or remedies in respect of any present or future default of the Customer in performance or compliance with any of these Terms and Conditions.

Severability

In the event that any or any part of these Terms and Conditions shall be determined invalid, unlawful or unenforceable to any extent such term, condition or provision shall be severed from the remaining Terms and Conditions, which shall continue to be valid and enforceable to the fullest extent permitted by law. These Terms and Conditions shall be construed in accordance with English Law.

Shipment Information

At present we can only ship to mainland United Kingdom and Northern Ireland.

We shall endeavour to ship your purchase within 5 working days (Monday to Friday) of payment being received and is subject to items being in stock. Delivery times vary according to supplier but are typically between 3 and 7 days.

The price we charge for shipping includes an element to cover the packaging and also includes VAT.

Where we are missing an item from your order we contact you via the supplied e-mail address.

If the payment details supplied were incomplete or did not match the Card address then an e-mail will be sent to you.

If you have not received your item within 10 working days of order, please contact us on 01442 818517

Illegal Acts

It is a crime to use a false name or a known invalid credit card to order. Anyone caught wilfully entering an erroneous or fictitious order will be prosecuted to the fullest extent of the law. We track the electronic fingerprints of every order placed on this website to enable us and all legitimate crime prevention and prosecution authorities to trace individual users engaging in criminal activities on our website.

Links to Third Party Sites

We may include hyperlinks on this site to websites or resources operated by parties other than BANDFIT, including advertisers. BANDFIT has not reviewed all of the sites linked to its website and is not responsible for the content or accuracy of any off-site pages, nor are we responsible for the availability of such external websites or resources and do not endorse and are not responsible or liable, directly or indirectly, for the privacy, practices or the content of such websites, including, (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.

Limitation of Liability

Except as specifically stated on this site, neither BANDFIT Limited nor any of its directors, employees or other representatives will be liable for damages arising out of or in connection with the use of this site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.

While BANDFIT Ltd will use reasonable endeavours to verify the accuracy of any information it places on the site, it makes no warranties, whether expressed or implied, in relation to its accuracy. This site is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether expressed or implied, in relation to this site, or any transaction that may be conducted on or through this site including, but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.

We make no warranty that this site will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through this site.

To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether expressed or implied, in relation to the products available through this site including, but not limited to, implied warranties of satisfactory quality and fitness for a particular purpose. Nothing in these terms and conditions shall limit your rights as a consumer under English law.
You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of this site and any information provided to or taken from this site by you.

Our products are sold for self-improvement, learning, recreation or simple relaxation. No statement made on our website, no information stated by our employees, no manufacturers’ literature enclosed in any packing, should be construed as a claim or representation that the products are intended for diagnosis, treatment, cure, mitigation or prevention of disease or any other medical condition. You should contact such a practitioner if you have a medical condition or any doubts about the use of any product shown. Our products are not medical devices and cannot be relied upon to supply medical benefits.

BANDFIT is not liable or responsible, in whole or in part, to any person or entity for any injury, damage, or loss of any sort caused or allege to be caused directly or indirectly by the use, practice, teaching or other dissemination of any technique, information, or idea presented on this website.
If you have a history of latex sensitivity, understand that resistance bands do contain latex and that taking appropriate precautions is recommended.

Changes in Terms

BANDFIT Limited reserves the right to modify these terms at any time without prior notice. Any modification of these terms will be deemed to be effective from the date and time of posting on the BANDFIT Limited web site