Terms and Conditions
We have taken every effort to design our Website to be useful, informative, helpful, honest and fun. Hopefully we've accomplished that — and would ask that you let us know if you'd like to see improvements or changes that would make it even easier for you to find the information you need and want.
All we ask is that you agree to abide by the following Terms and Conditions. Take a few minutes to look them over because by using our site you automatically agree to them. Naturally, if you don't agree, please do not use the site. We reserve the right to make any modifications that we deem necessary at any time. Please continue to check these terms to see what those changes may be! Your continued use of the Getfitter.com Website means that you accept those changes.
THANKS AGAIN FOR VISITING!
THE WEBSITE, GETFITTER.COM AND YOU
This website, found under the www.getfitter.com URL, is operated by Getfitter.com Ltd and references to "we", "us" and "our" shall be deemed to be references to Getfitter.com Ltd. References to "you", and "your" shall be deemed to be references to person placing an order via this website.
Offer is valid on the web only when you click through via Getfitter.com emails and purchase. Only one offer per customer. To qualify, the order must be placed by the expiry date stated on the offer email. The offer is subject to availability on full priced items only. Offer cannot be used in conjunction with any other offer or discount. Offer subject to availability and while stocks last.
ESHOTS, GIFT VOUCHERS AND OTHER OFFERS
These Terms & Conditions are supplemental to any additional terms that might apply to specific transactions (such as special offers or promotions) and to the use of gift vouchers whose terms are set out separately.
PLACING AN ORDER
By placing an order with us you will be deemed to have read, understood and agreed to these Terms and Conditions. If you are unhappy with any aspect of these terms, then you should contact us before placing an order with us, by email at: HYPERLINK "mailto:
By placing an order via this website you are making an offer to Getfitter.com to purchase the goods and/or or services detailed in your order upon the terms described in your order.
Once you have placed an order we will send you a confirmation that your order has been received but this is not a confirmation that your offer to purchase the goods has been accepted. A contract between you and Getfitter.com for the sale of our products will only exist once an order has been accepted, processed and despatched to you. In the case of online video products, a contract between you and Getfitter.com for the sale of our products will only exist once an order has been accepted, processed and an email with your Membership log-in details has been sent to you.
Prices and availability of goods are subject to change without notice. A delivery charge will be added to your order value where appropriate. Please see delivery for HYPERLINK "http://www.thewhitecompany.com/content.aspx?DepGrpCode=HOM&CntCode=help_deliveryinformation" delivery times and charges.
YOUR RIGHT TO CANCEL YOUR MEMBERSHIP
You may cancel your order (once accepted by us) for Getfitter.com's online personal training video products at any time. Getfitter.com requires ten working days notice to cancel your order and your Membership. If a monthly payment is due during this ten day period, this payment will be taken and retained by Getfitter.com. After this ten day period, no more payments will be taken.
YOUR RIGHT TO CANCEL PRODUCT PURCHASES
You may normally cancel your order (once accepted by us) for any reason up to the point of despatch. If you do cancel the contract after this time any payments made by you will be retained by Getfitter.com and the goods ordered by you will be despatched.
We do not offer a returns policy on our products unless they are faulty. In the case that products are faulty, please return them to our warehouse facility at the address below, within 7 days of receipt. We cannot accept products that arrive after 7 days of receipt.
For all returns you will be required to arrange and pay for the return of the products to us. We will refund the cost of postage once the item is received by our warehouse. Postage will be refunded to the same sterling amount that it cost Getfitter.com to post the item/s to you, and no more. Please refer to our delivery charges above for a schedule of these costs.
To return any products to us send it back to:
Getfitter.com, Returns Department, Task Fulfilment Ltd Unit 23 Morses Lane Brightlingsea, Colchester Essex, CO7 OSQ
When returning items you are strongly recommended to obtain proof of posting. We cannot accept responsibility for parcels lost in transit.
PAYMENT AND TAXES
We accept online payment in a secure environment by credit card or debit card. We currently accept Visa, Mastercard, Delta, Switch. All transactions are shown in pounds sterling (£).
All prices quoted on this website are accurate at the time of publication and are quoted in pounds sterling (£) and where appropriate are inclusive of UK sales tax (VAT) at the current rate.
If your order is being despatched to a destination outside the European Union (EU) then your sales tax will be zero. If your order is being sent to a member state of the EU then the selling price will include VAT at the current rate. The current rate of VAT is 17.5%. Any customs or import duties levied once the package reaches your destination country will be your responsibility as we have no control over these charges and cannot predict them.
OUR GUARANTEE TO YOU
If your credit/debit card is used fraudulently as a direct result of being used to buy from our site, then we will assume liability for the first £50 of your loss. Your credit card company is obligated to take responsibility for the rest. We will use our reasonable endeavours to work with your credit card company to minimise the hassle for you.
We endeavour to display through this website all items in our current range. We aim to hold stock of all products. However, occasionally an item will be out of stock and if this is the case this will be highlighted on our website. The stock status for your order will also be notified to you on your order confirmation.
All dates quoted for delivery are estimated delivery dates only and may be subject to change and we can accept no liability for any loss or damage (whether direct or indirect) for delivery at any time other than the estimated date for delivery. CONFORMITY OF GOODS We take every care to ensure that the description and specification of our products are correct at the time of going to press. However, specifications and descriptions of products on this website are not intended to be binding and are intended only to give a general description of the products. Furthermore, while the colour reproduction of the products is a close representation, we cannot accept any responsibility for any variation in colour caused by the browser software or computer system used by you.
DISCLAIMER & LIMITATIONS OF LIABILITY
Getfitter.com does not seek to exclude or limit liability for death or personal injury arising from its negligence or that of its members, agents, directors or employees or for any fraudulent misrepresentation.
To the fullest extent permitted by law and save as provided above, neither Getfitter.com nor any associated company shall be liable to you by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the contract, or in negligence (whether on the part of Getfitter.com or any of its members, agents, directors, employees or otherwise) for any indirect special or consequential loss or damage (including but not limited to loss of profit or loss of saving), costs, expenses or other claims for compensation whatsoever which arise out of or in connection with the use of this website, the supply of the products or their use or resale by you.
While Getfitter.com uses reasonable endeavours to ensure that the information on this website is accurate and up to date, it does not give any warranty as to its accuracy or completeness and Getfitter.com will not be responsible for any errors or omissions or for the results arising from the use of such information.
While Getfitter.com takes all reasonable steps to ensure a fast and reliable service, it does not guarantee that your use of this website will be interruption or error free and will not be responsible for any disruption, loss of or corruption of any material in transit, or loss of or corruption of material or data when downloaded onto any computer system.
Further, Getfitter.com will not be responsible nor liable for your use of any other websites which you may access via links within this website. Getfitter.com does not control these websites and is not responsible for their content. Any such links are provided merely as a service to users of this website and their inclusion in this website does not constitute an endorsement by or affiliation with Getfitter.com.
The entire liability of Getfitter.com under or in connection with any contract for any products to which these conditions apply shall not exceed the price of the products, except as expressly provided in these conditions.
Getfitter.com will not be liable to you or be deemed to be in breach of these terms and conditions or any other contract with you by reason of any delay in performing, or any failure to perform, any of its obligations in relation to the products ordered by you if the delay or failure was due to any cause beyond its reasonable control.
Getfitter.com may assign or transfer any of its rights or sub contract any of its obligations under these terms and conditions to any third party. You may not assign or transfer any of your rights or sub contract any of your obligations under these terms and conditions except with the specific permission in writing of Getfitter.com.
No person who is not a party to these terms and conditions shall have any right to enforce any term under the Contracts (Rights of Third Parties) Act 1999. Nothing in these conditions is intended nor shall affect any of your statutory rights that may not be legally excluded.
COPYRIGHT AND TRADEMARK
The contents of these pages (including pictures, designs, logos, photographs, text written and other materials) are the copyright trademark or registered trademark of Getfitter.com Ltd or its content and technology providers or their respective owners. ALL RIGHTS RESERVED. The copying, modification, distribution, reproduction, or incorporation into any other work of part or all of the material available on this website in any form is prohibited save that you may:
Copy, print (one copy only) or download extracts of the material on this website for the sole purpose of using this website in good faith for domestic purposes or placing an order with Getfitter.com; and
Copy print (one copy only) or download the material on this website for the purpose of sending to individual third parties for their personal information provided that you do seek no commercial advantage or benefit from so doing and you acknowledge us as the source of the material and that you inform the third party that these conditions apply to them and that they must comply with them. RESTRICTIONS ON USE OF OUR ONLINE MATERIAL All Online Materials on the Getfitter.com site, including, without limitation, text, software, names, logos, trademarks, service marks, trade names, images, photos, illustrations, audio clips, video clips, and music are copyrighted intellectual property. All usage rights are owned and controlled by Getfitter.com. You, the visitor, may download Online Materials for non-commercial, personal use only provided you 1) retain all copyright, trademark and propriety notices, 2) you make no modifications to the materials, 3) you do not use the materials in a manner that suggests an association with any of our products, services, events or brands, and 4) you do not download quantities of materials to a database, server, or personal computer for reuse for commercial purposes. You may not, however, copy, reproduce, republish, upload, post, transmit or distribute Online Materials in any way or for any other purpose unless you get our written permission first. Neither may you add, delete, distort or misrepresent any content on the Getfitter.com site. Any attempts to modify any Online Material, or to defeat or circumvent our security features is prohibited.
Everything you download, any software, plus all files, all images incorporated in or generated by the software, and all data accompanying it, is considered licensed to you by Getfitter.com or third-party licensors for your personal, non-commercial home use only. We do not transfer title of the software to you. That means that we retain full and complete title to the software and to all of the associated intellectual-property rights. You're not allowed to redistribute or sell the material or to reverse-engineer, disassemble or otherwise convert it to any other form that people can use.
SUBMITTING YOUR ONLINE MATERIAL TO US
That means that we don't have to treat any such submission as confidential. You can't sue us for using ideas you submit. If we use them, or anything like them, we don't have to pay you or anyone else for them. We will have the exclusive ownership of all present and future rights to submissions of any kind. We can use them for any purpose we deem appropriate to our Getfitter.com mission, without compensating you or anyone else for them.
You acknowledge that you are responsible for any submission you make. This means that you (and not we) have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
LIMITATION OF LIABILITY
Getfitter.com WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY THAT ACCOMPANY OR RESULT FROM YOUR USE OF ANY OF ITS SITE OR ITS WRITTEN OR VIDEO CONTENT.
THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY:
USE OF (OR INABILITY TO USE) THE SITE, INCLUDING ALL WRITTEN AND VIDEO CONTENT
USE OF (OR INABILITY TO USE) ANY SITE TO WHICH YOU HYPERLINK FROM OUR SITE
FAILURE OF OUR SITE TO PERFORM IN THE MANNER YOU EXPECTED OR DESIRED
ERROR ON OUR SITE
OMISSION ON OUR SITE
INTERRUPTION OF AVAILABILITY OF OUR SITE
DEFECT ON OUR SITE
DELAY IN OPERATION OR TRANSMISSION OF OUR SITE
COMPUTER VIRUS OR LINE FAILURE
PLEASE NOTE THAT WE ARE NOT LIABLE FOR ANY DAMAGES, INCLUDING:
DAMAGES INTENDED TO COMPENSATE SOMEONE DIRECTLY FOR A LOSS OR INJURY
DAMAGES REASONABLY EXPECTED TO RESULT FROM A LOSS OR INJURY (KNOWN IN LEGAL TERMS AS "CONSEQUENTIAL DAMAGES.")
OTHER MISCELLANEOUS DAMAGES AND EXPENSES RESULTING DIRECTLY FROM A LOSS OR INJURY (KNOWN IN LEGAL TERMS AS "INCIDENTIAL DAMAGES.")
WE ARE NOT LIABLE EVEN IF WE'VE BEEN NEGLIGENT OR IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR BOTH.
EXCEPTION: CERTAIN STATE LAWS MAY NOT ALLOW US TO LIMIT OR EXCLUDE LIABILITY FOR THESE "INCIDENTAL" OR "CONSEQUENTIAL" DAMAGES. IF YOU LIVE IN ONE OF THOSE STATES, THE ABOVE LIMITATION OBVIOUSLY WOULD NOT APPLY WHICH WOULD MEAN THAT YOU MIGHT HAVE THE RIGHT TO RECOVER THESE TYPES OF DAMAGES.
HOWEVER, IN ANY EVENT, OUR LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, INJURIES, AND CLAIMS OF ANY AND EVERY KIND (WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, OR CLAIMED TO BE CAUSED BY NEGLIGENCE OR OTHER WRONGFUL CONDUCT, OR THEY'RE CLAIMED UNDER ANY OTHER LEGAL THEORY) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID IF ANYTHING TO ACCESS OUR SITE.
LINKS TO OTHER SITES
We sometimes provide referrals to and links to other World Wide Web sites from our site. Such a link should not be seen as an endorsement, approval or agreement with any information or resources offered at sites you can access through our site. If in doubt, always check the Uniform Resource Locator (URL) address provided in your WWW browser to see if you are still in a Getfitter.com-operated site or have moved to another site. Getfitter.com is not responsible for the content or practices of third party sites that may be linked to our site. When Getfitter.com provides links or references to other Web sites, no inference or assumption should be made and no representation should be inferred that Getfitter.com is connected with, operates or controls these Web sites. Any approved link must not represent in any way, either explicitly or by implication, that you have received the endorsement, sponsorship or support of any Getfitter.com site or endorsement, sponsorship or support of Getfitter.com, including its respective employees, agents or directors.
TERMINATION OF THIS AGREEMENT
This agreement is effective until terminated by either party. You may terminate this agreement at any time, by destroying all materials obtained from all Getfitter.com Web site, along with all related documentation and all copies and installations. Getfitter.com may terminate this agreement at any time and without notice to you, if, in its sole judgment, you breach any term or condition of this agreement. Upon termination, you must destroy all materials. In addition, by providing material on our Web site, we do not in any way promise that the materials will remain available to you. And Getfitter.com is entitled to terminate all or any part of any of its Web site without notice to you.
LAW AND TERRITORY
These Terms and Conditions and your use of our website are governed by English law and you agree to submit to the non-exclusive jurisdiction of the English court. This does not affect your non-excludable statutory rights.
This website and our Terms and Conditions have been designed for use within the United Kingdom and under UK law. Whilst we are happy to consider requests for products and enquiries from outside the United Kingdom, we give no warranty, express or implied, that the use of this website or the placing of any order through this website from outside the UK complies with any applicable non-UK laws or regulations. Accordingly, any products or promotions not permitted under your local law are not offered to you.
If you use our site from locations outside of the U.K., you are responsible for compliance with any applicable local laws.
To the extent you have in any manner violated or threatened to violate Getfitter.com and/or its affiliates' intellectual property rights, Getfitter.com and/or its affiliates may seek injunctive or other appropriate relief in any court in the U.K., and you consent to exclusive jurisdiction and venue in such courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: London, England. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: London, England. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.
The application of the United Nations Convention on Contracts for the International Sale of Goods, as amended, is expressly excluded.
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