1.1 “Buyer” means the individual or organisation who purchases Fitbible from the seller
1.2 “Consumer” shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.3 “Contract” means the contract between the Seller and the Buyer for the sale and purchase of Fitbible incorporating these Terms and Conditions;
1.4 “Fitbible” means the product that the Buyer agrees to buy from the Seller;
1.5 “Seller” means ‘Insert business address here’ that owns and operates www.fitbible.co.uk
1.6 “Terms and Conditions” means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
2.1 Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer when purchasing Fitbible.
2.2 These Terms and Conditions shall apply to all contracts for the sale of Fitbible by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.3 Acceptance of delivery of Fitbible shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
2.4 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
3.1 All orders for Fitbible shall be deemed to be an offer by the Buyer to purchase Fitbible pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
3.2 Where Fitbible ordered by the Buyer is not available from stock the Buyer shall be notified and given the option to either wait until Fitbible is available from stock or cancel the order and receive a full refund within 30 days.
4 PRICE AND PAYMENT
4.1 The Price of Fitbible shall be that stipulated on the Seller’s Website. The Price is inclusive of VAT. The Price does not include delivery charges.
4.2 The total purchase price, including VAT and delivery charges, if any, will be displayed in the Buyer’s checkout prior to confirming the order.
4.3 After the order is received the Seller shall confirm by email the details of the order.
4.4 Payment of the Price plus VAT and delivery charges must be made in full before dispatch of Fitbible.
5 RIGHTS OF SELLER
5.1 The Seller reserves the right to adjust the price and specification of any item on the Website at its discretion.
5.2 The Seller reserves the right to withdraw Fitbible or any other product from the Website at any time.
5.3 The Seller shall not be liable to anyone for withdrawing Fitbible from the Website or for refusing to process an order.
The Seller warrants that Fitbible will at the time of dispatch correspond to the description given by the Seller. Except where the Buyer is dealing as a Consumer, all other warranties, conditions, or terms relating to fitness for purpose, merchantability or condition of Fitbible, whether implied by Statute, common law or otherwise are excluded, and the Buyer is satisfied as to the suitability of Fitbible for the Buyer’s purpose.
7.1 Fitbible supplied within the UK will normally be delivered within 28 working days of acceptance of order.
7.2 Fitbible supplied outside the UK will be delivered via airmail. Delivery times cannot be guaranteed and the payment of any customs or other charges are the sole responsibility of the Buyer.
7.3 Where a specific delivery date has been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date or receive a full refund.
7.4 The Seller shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
7.5 Delivery of Fitbible shall be made to the Buyer’s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of Fitbible whenever the product is tendered for delivery.
7.6 Title and risk in Fitbible shall pass to the Buyer upon delivery of Fitbible.
8 CANCELLATION AND RETURN
8.1 The Buyer shall inspect Fitbible immediately upon receipt and shall notify the Seller by email at firstname.lastname@example.org within 7 working days of delivery if Fitbible is damaged or does not comply with any of the Contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods.
8.2 Where a claim of defect or damage is made, Fitbible shall be returned by the Buyer to the Seller. The Buyer shall be entitled to a full refund (including delivery costs) plus any return postal charges if the Goods are in fact defective.
8.3 If Fitbible isn’t defected or damaged, Fitbible must be returned by the Buyer at the Buyer’s expense and should be adequately insured during the return journey. The Buyer will receive a refund of all monies paid for Fitbible (including delivery charges, if any) except for return postal charges within 14 days of the return of Fitbible. If the Buyer fails to return Fitbible following cancellation, the Seller shall be entitled to deduct the cost of recovering Fitbible from the Buyer.
8.4 Fitbible to be returned must clearly show the order number obtained from the Seller on the package.
8.5 Where returned Fitbible are found to be damaged due to the Buyer’s fault the Buyer will be liable for the cost of remedying such damage.
8.6 We will accept orders for Fitbible not listed in our range subject to acceptance of our quotation for price and delivery schedules. Such orders must be placed with payment in full and acceptance of no cancellation of order after acceptance.
9 LIMITATION OF LIABILITY
9.1 Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the Price of Fitbible and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
13 CHANGES TO TERMS AND CONDITIONS
The Seller shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
14 GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts