Terms and ConditionsTerms and Conditions of Sale
These terms and conditions of sale shall be deemed to be incorporated in the contract between Fitness Functions Ltd and their Irish customers. They apply only to customers in the Republic of Ireland. A full list of terms is available upon written request.
DESCRIPTION
Fitness Functions Ltd is continually seeking to improve the quality and value of its goods and services. Whilst we take every care to ensure illustrations and descriptions within the catalogue or website are accurate (errors & omissions excluded) and informative, we do reserve the right to change specifications or improve our products. In the event of any substituted product not being acceptable, we will gladly issue a full credit, provided the goods in question are returned within five working days of delivery (please note prior authorisation is required – see return of goods section below) and in an “as new” re-saleable condition.
PRICES
Prices quoted supersede all previous prices. We aim to hold all prices fixed (errors and omissions excluded) until 31/12/2011 but exceptionally volatile raw material costs may affect a few products this year. You will be advised of any increase prior to despatch.
• All Price Reductions refer to the entire Fitness Functions 2011 range when compared to 2010 prices.
• For all un-priced items in the catalogue, please contact us for more information.
In the event that a Fitness Functions product is mistakenly listed at an incorrect price, Fitness Functions reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Fitness Functions reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Fitness Functions shall issue a credit to your credit card account in the amount of the incorrect price.
VALUE ADDED TAX
The prices shown in this catalogue exclude VAT. VAT will be charged at the appropriate rate to all prices where applicable including carriage and packing charges.
AVAILABILITY
If an item ordered is out of stock, we will inform you and endeavour to supply the item as soon as possible. Goods in this catalogue are subject to availability. On occasion goods will be discontinued for reasons beyond our control. We reserve the right to withdraw an item where a print error has occurred.
PAYMENT/CREDIT
Unless otherwise agreed, payment for goods supplied is due within 14 days from the invoice date. Fitness Functions reserve the right to charge interest on all overdue accounts at the rate currently 8% per month and the customer will be liable for all legal costs.
NEW CUSTOMERS AND NON ACCOUNT HOLDERS
You may pay invoices either by cheque or by BACS. If you wish to pay by BACS please contact our Customer Services department for the relevant bank account details. Payment should be made to:
Accounts
Fitness Functions Ltd
Unit 18 B
Tullow Industrial Estate
Tullow
Co Carlow
Please make cheques payable to Fitness Functions Ltd.
PASSING OF PROPERTY
The risk in the goods supplied shall pass to the buyer on delivery into the buyer, possession or to the carrier or place of delivery nominated by the buyer and the seller shall be under no liability whatsoever for any loss or damage occurring thereafter.
RETENTION OF TITLE
Ownership (title) of the goods only passes to the purchaser on full payment of the appropriate invoice.
CARRAIGE AND DELIVERY
i) All orders will be delivered FREE of charge providing order value is €500.00 or more (excluding VAT). Some large items may attract an additional delivery charge.
ii) Orders between €150.00 to €500.00 (excluding VAT) will carry a delivery charge of €10.00 plus VAT.
iii) Orders under €150.00 (excluding VAT) will carry a delivery charge of €20.00 plus VAT.
iv) Customers will be advised of cost at the time of order.
DELIVERY
Most items will be delivered 14-21 days from date of order. The seller accepts no liability for any loss, damages or expenses arising from the late delivery of goods by the seller, its agents or its agent’s carriers due to any cause whatsoever. Any delivery time or date despatch or delivery date which the seller may specify is accordingly a best estimate only and should not be relied upon. The sellers will however, seek to achieve delivery dates specified as far as it is within its power to do so. Please note that with furniture and other large items the price quoted is for delivery to ground floor. An additional charge may be levied by direct suppliers for delivers within a specified timeframe e.g. 9am – 1pm should you have a particular delivery requirement please enquire before placing your order.
DIRECT DESPATCH
Please note that certain items may come from the manufacturer and may take longer to despatch. Some items are also manufactured at the point of order and can take 4 – 6 weeks for delivery. In both instances such items will be identified throughout the catalogue.
PROOF OF DELIVERY
A signed proof of delivery document will be available from the seller for a period of 90 days from date on invoice. After this period, the seller may decline such request for proof of delivery or impose a charge for its supply. In any event after this period the buyer shall be liable for payment of monies due in respect of the goods supplied.
NOTICE OF DAMAGE/INCORRECT DELIVERY/ORDERS DON’T TURN UP
• If upon receipt your goods are damaged, incomplete, incorrect or short delivered notification must be made within 5 working days of delivery. For non delivery of goods notification should be made within 7 days of the invoice date. Claims outside this period will not be accepted. Goods should not be returned without prior authorisation and you must quote your account number and relevant reference number.
REFUSED DELIVERIES
• We reserve the right to make a carriage charge plus a 20% handling charge, or minimum of €20 whichever is greater, on all consignments that are refused without reason
RETURN OF GOODS
• Fitness Functions product guarantee relates to the quality, durability and relative fitness for purpose during the first twelve months after delivery. Any products returned will be assessed by our Quality Assurance department before any compensation is given. If we find no fault with the item(s) then no refund will be issued and we reserve the right to charge a 20% handling fee or minimum of €20 whichever is greater plus recover any delivery charges incurred.
• Where an item is faulty, we reserve the right to repair or replace. If this is not possible, a credit will be issued.
• Goods deemed no longer required due to ordering error, surplus to requirements may be considered for return providing prior authorisation is obtained and goods are returned in a re-saleable condition, in the original packaging and within the first calendar month following dispatch. Notification should be within 5 days of delivery and where authorisation is obtained a 20% handling charge or minimum of €20 whichever is greater will be charged. Fitness Functions will not accept returned goods without prior authorisation or in a non-saleable condition – in such cases goods must be paid for in full by the customer and the standard handling fee (above) will be charged along with any delivery fees incurred.
• For special orders or direct delivery, it may not be possible to return goods and the company will invoice the full amount.
FORCE MAJEURE
The seller shall not be liable to the buyer for failure to perform or delay in performing any of their contractual obligations when this is caused by circumstances beyond their reasonable control.
CALLS MAY BE RECORDED
Calls may be recorded and monitored to improve the service offered or for training purposes.
DATA PROTECTION
Fitness Functions is a registered data user under the Data Protection Act. We never make your personal details available to other companies for marketing purposes other than for the marketing of Fitness Functions goods and services. We (and our parent company) may hold your personal details in order to process your order and/or maintain your account. We (and our parent company) may also use your details to send you further information on Fitness Functions goods and services, to keep you up to date on goods, services, new products and promotional offers you may be interested in or for research purposes. If you prefer not to receive such information or be part of our research please email us on
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INTERNATIONAL CUSTOMERS
Fitness Functions are the sole distributor of Davies Sports, the terms and conditions listed here apply only to business transacted in the Republic of Ireland.
DISPOSAL OF WASTE ELECTRICAL ELECTRONIC EQUIPMENT – WEEE DIRETIVE
The Republic of Ireland is under an obligation to minimise the disposal of Electrical and Electronic Waste Equipment (WEEE) in domestic waste, and to encourage recycling, recovery and environmental sound disposal methods, Fitness Functions is committed to promoting the re-use, recycling and recovery of WEEE product by contributing to VALPAK compliance scheme. WEEE Products or Packaging will be marked with a crossed out wheelie bin symbol (see below) to indicate that the product should not be disposed of in general domestic waste but disposed of through an approved WEEE scheme. For more information please call, Lo-call 1890 252 865.
TRADE DISCOUNTS
For re-sale queries please contact our office by phone, Lo-call 1890 252 865.
YOUR STATUS
Our site is only intended for use by businesses in the
These terms and conditions only apply to businesses. If you are a consumer separate consumer terms and conditions apply. Please contact us at
By placing an order through our site, you warrant that:
you are legally capable of entering into binding contracts;
you are acting as a business;
you are at least 18 years old; and
you are based in the
HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
After placing an order we will acknowledge that we have received your order. Please note that this does not mean that your order has been accepted. Your order is an offer by you to enter into a binding contract, which we are free to accept or decline at our absolute discretion.
These terms and conditions shall become binding on you and us when we deliver the Goods to you, at which point a contract shall come into existence between us for the Goods that we have delivered (a “Contract”).
The Contract will relate only to those Goods which we have delivered to you. We will not be obliged to supply any other Goods which may have been part of your order until we have delivered them to you.
If you think that there is a mistake, please make sure that you ask us to confirm any changes in writing, as we only accept responsibility for statements and representations made in writing by our authorised employees and agents. Please ensure that you read and understand these terms and conditions before you accept them and submit the order, because you will be bound by the terms and conditions once a Contract comes into existence between us.
These terms apply to a Contract to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice, or course of dealing.
Any samples, drawings, descriptions or advertising that we issue, and any descriptions or illustrations contained on our site, are issued or published solely to provide you with an approximate idea of the Goods they describe. They do not form part of the contract between you and us or any other contract between you and us for the sale of the Goods.
We shall assign an order number to the order and inform you of it in the Order Confirmation or delivery note. Please quote the order number in all subsequent correspondence with us relating to the order.
We have the right to revise and amend these terms and conditions from time to time. You will be subject to the policies and terms in force at the time that you order the Goods from us, unless any change to those policies or these terms and conditions is required by law or government or regulatory authority (in which case, it will apply to orders you have previously placed that we have not yet fulfilled).
OUR GUARANTEES
We warrant that on delivery and for a period of 12 months from the date of delivery, the Goods shall:
be of satisfactory quality;
be free from material defects in design, material and workmanship; and
comply with all applicable statutory and regulatory requirements for selling the Goods in the
This warranty does not apply to any defect in the Goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, if you use the Goods in a way that we do not recommend, your failure to follow our instructions, or any alteration or repair you carry out without our prior written approval.
These terms and conditions apply to any repaired or replacement Goods we supply to you in the unlikely event that the original Goods are faulty or do not otherwise conform with these terms and conditions.
Except as set out in these terms and conditions all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded.
DEFECTIVE GOODS AND RETURNS
In the unlikely event that the Goods do not conform with these terms and conditions, please let us know as soon as possible after delivery. We will then either authorise the return of the Goods and arrange to collect the Goods on a date agreed between us (please note that we will not be responsible for any delay caused by a third party carrier) or ask you to return the Goods to us at our cost, and once we have checked that the Goods are faulty, we will:
provide you with a full or partial refund;
replace the Goods; or
repair the Goods.
These terms and conditions will apply to any repaired or replacement Goods we supply to you.
If having checked any returned Goods, we have found that they are not faulty, we may charge you a handling fee equivalent to 20% of the price that you originally paid for the Goods or €15, whichever is the greater.
In the unlikely event that you consider that our service has fallen below your expectations, you may apply to us for our Service Satisfaction Voucher. We will assess your application and if we accept it, we will issue you with a Service Satisfaction Voucher.
TITLE AND RISK
The Goods will be at your risk from the time of delivery.
Ownership of the Goods will only pass to you when we receive full payment of all sums due in respect of the Goods, including delivery charges, and any other goods that we have supplied to you.
PRICE AND PAYMENT
The price of the Goods will be as set out on our site at the time we confirm your order. Prices are liable to change at any time, but price changes will not affect orders that we have confirmed in writing.
These prices exclude VAT which will be added to the total amount due at the checkout
These prices exclude delivery costs, which will be added to the total amount due at the checkout.
It is always possible that, despite our best efforts, some of the Goods we sell may be incorrectly priced and we will, at our discretion, issue an errata list from time to time (also available on our website). Where the Goods correct price is less than or higher than our stated price, we will charge the correct price when dispatching the Goods to you.
If you do not have an account with us payment for all Goods must be made in advance by credit or debit card.
If you have an account with us we may invoice you for the Goods on or at any time after the date we have delivered the Goods to you. The invoice will quote the Order Number. You must pay the invoice in cleared monies within 30 calendar days of the date of the invoice.
If you do not make any payment due to us by the due date for payment, we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Barclays Bank Plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with the overdue amount.
It is a criminal offence to use a false name or an invalid credit or debit card to purchase Goods from our site.
If:
your payment for Goods is overdue;
you have breached these terms and conditions; or
we suspect that you have or are about to engage in any kind of fraudulent activity in relation to our business
we may terminate any of your outstanding orders, your account and may, at our sole discretion, refuse to accept any of your future orders.
If you apply for a credit account we may make searches about the company, a sole trader, partnership or consumer with credit reference agencies who will supply us with credit information, as well as information from the Electoral Register. The agencies will record details of the search whether or not credit is granted. This information may also be used for debtor tracing, fraud prevention, prevention of money laundering as well as the management of your account.
LIABILITY
Subject to condition 9.3 we shall only be responsible for losses which are a foreseeable consequence of our failure to comply with these terms and conditions and our total liability to you for all losses arising under or in connection with a Contract whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed 400% of the price paid or payable for the Goods.
Subject to condition 9.3 we shall not be responsible for losses that you suffer as a result of our failure to comply with these terms and conditions that fall into the following categories:
loss of income or revenue;
loss of business; loss of anticipated savings;
loss of data; or
any waste of time.
However, this condition 9.2 shall not prevent claims for foreseeable loss of, or damage to, your physical property.
Condition 9.3 This condition 9 does not include or limit in any way our liability for:
death or personal injury caused by our negligence;
fraud or fraudulent misrepresentation;
any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
You are responsible for the selection and safe use of any chemicals that you order from us and to the extent that any losses you suffer from such chemicals result from your default, we shall not be responsible
EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
strikes, lock-outs or other industrial action;
civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
the failure of our agents or subcontractors;
impossibility of the use of public or private telecommunications networks; or
the acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure.
LINKS
We may provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that goods you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.
EXCLUSIVE GOODS
Goods which are described as being exclusive are exclusive to Fitness Functions Ltd.
WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
NOTICES
All notices given by you to us must be given to Fitness Functions at Unit 18b, Tullow Industrial Estate, Tullow, Co. Carlow. OR
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We will contact you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
TRANSFER OF RIGHTS AND OBLIGATIONS
The Contract between you and us is binding on you and us and on our respective successors and assigns.
You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
WAIVER
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
