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terms and conditions
KETTLEBELL FEVER TERMS AND CONDITIONS
PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PLACING YOUR ORDER AND RETAIN A COPY OF THESE TERMS AND YOUR ORDER FOR FUTURE REFERENCE
1. Format of the Contract
- 1.1 These terms of sale apply to all goods supplied by Kettlebell Fever Limited, registered in England and Wales No. 07433047 (the “Supplier”, or “we”, or “our”).
- 1.2 Any order placed by you for goods advertised on our website is an offer by you to purchase the goods selected in your order. No contract exists between you and us for the sale of any goods until we have received your order and accepted it (which we may do at our discretion).
- 1.3 We will send you an order acknowledgement shortly after you place your order, notifying you that we have recieved your order. This acknowledgement is not notification that we have accepted your order.
- 1.4 If we accept your order, we will notify you by email that we have accepted it prior to dispatch of the goods. If we cannot accept your order (for example (but without limitation) because the goods are found to be unavailable) we will notify you by telephone or email.
- 1.5 In the event that, after we accept your order, we discover that the goods ordered are unavailable or that there was a pricing error on our website in respect of the goods ordered, we reserve the right not to supply the goods ordered and to offer you a refund or alternative goods in accordance with conditions 2.2 to 2.4 below.
- 1.6 The contract is subject to your right of cancellation (see condition 7 below).
- 1.7 We have the right to terminate the contract if the price of the goods is not received from you in cleared funds (in accordance with condition 3.1).
- 1.8 The Supplier may change these terms of sale without notice to you in relation to future sales.
2. Description and Price of the Goods
- 2.1 The description and price of the goods you order will be as shown on the Supplier´s website at the time you place your order.
- 2.2 If after acceptance of your order we discover within 14 days of such acceptance that all of the goods are unavailable, we may terminate the contract and refund or re-credit you within 7 working days for any sum that has been paid by you or debited from your credit card for those goods. In these circumstances, we will inform you as soon as possible.
- 2.3 If within 7 days of our acceptance of your order we discover that some but not all of the goods are unavailable, we will no longer supply those unavailable goods. In these circumstances we will contact you detailing the goods that are unavailable and offer you the option of cancelling the whole order or amending your order to substitute the unavailable items with alternative goods. If you have not cancelled the order within 14 days of receipt of such notice, we will deliver the available goods in accordance with condition 4 below. We will refund or re-credit you for any sum that has been paid by you or debited from your credit card in respect of the unavailable goods or cancelled order (if you have cancelled it).
- 2.4 Every effort is made to ensure that prices shown on the Supplier´s website are accurate at the time you place your order. If within 14 days of accepting your order a pricing error is found in respect of any or all of the goods you have ordered, we will notify you as soon as possible detailing the mis-priced goods and offering you the option of:
- 2.4.1 placing a new order at the correct price for those goods;
- 2.4.2 cancelling the whole of your order; or
- 2.4.3 cancelling your order for the mis-priced goods and reconfirming your order for the correctly priced goods.
If, within 14 days of receipt of our notice to you, you have not responded by selecting one of the available options at conditions 2.4.1 to 2.4.3 above then:
(a) if all of the goods you have ordered are found to be mis-priced, the entire order will be cancelled automatically and the Supplier will refund or re-credit you for any sum you have paid for those goods; or
(b) if only some of the goods you have ordered are found to be mis-priced, our contract with you continues and we will deliver the correctly priced goods but we will not be obliged to supply you with the mis-priced goods. In these circumstances we will refund or re-credit you for any sum you have paid for the mis-priced goods.
- 2.5 To avoid any doubt, where goods are unavailable and you order alternative goods from us, or where goods have been mis-priced and you subsequently order such goods at the correct price, these terms of sale shall apply to the order and the supply of the relevant goods, whether the order is placed through our website or otherwise.
- 2.6 In addition to the price, you may be required to pay a delivery charge for the goods, details of which are clearly displayed on our website at the point that you place your order.
- 2.7 Grade A Goods are “Factory Reconditioned” to the Manufacturers original specification. All goods supplied are 30 day high street store (30 days) returned products. With grade A stock there is always a chance that there may be a minor cosmetic mark, Considering the price however these are considered to be very minor and will not affect performance of the product.
- 3.1 Payment for the goods and delivery charges can be made by any method shown on the Supplier´s website at the time you place your order. Payment shall be due before the delivery date and time for payment shall be a fundamental term of this agreement, breach of which shall entitle the Supplier to terminate the contract immediately.
- 3.2 There will be no delivery until cleared funds are received (with the exception of business accounts where we have agreed credit facilities with you).
- 3.3 Payments shall be made by you without any deduction whatsoever unless you have a valid court order requiring an amount equal to such deduction to be paid by the Supplier to you.
- 4.1 The goods you order will be delivered to the address you give when you place your order. Deliveries will not be made outside the EU. Delivery times for mainland UK will be 24hrs after being despateched with the exception of the following post codes: – IV1-24 IV26-28 IV40 IV52-54 PA40 PH30-32 PH34-41 KW1-3 KW5-14 PA36, which will be on a 2 day service. Scottish Offshore Islands (HS1-9 IV41-51 IV54-56 KA27-28 KW15-17 PA20 PA41-49 PA62-76 PH42-44 ZE1-3) will be a 2 – 3 day service. Northern Ireland and Ireland will be a 2 – 3 day service. Delivery to the European Union will include the following Countries: – Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain and Sweden. Delivery to Europe will take up to 10 working days.
- 4.2 Orders placed on a working day will be processed within 48 hours and will be delivered as per the requested delivery option provided no additional security checks are required and all stock items are available. (A working day is any day other than weekends and bank or other public holidays.)
- 4.3 If delivery cannot be made to your address for reasons under the Supplier´s control the Supplier will inform you as soon as possible.
- 4.4 If you deliberately fail to take delivery of the goods (otherwise than by reason of circumstances under control of the Supplier) then without prejudice to any other right or remedy available to the Supplier , the Supplier may:
- 4.4.1 store the goods until actual delivery and charge you for reasonable costs (including insurance) of storage; or
- 4.4.2 sell the goods at the best readily obtainable price and either (a), where you have not already paid for the goods in question, account to you (after deducting all reasonable storage and selling expenses) for any excess over the price you agreed to pay for the goods or charge you for any shortfall below the price you agreed to pay for the goods or (b), where you have already paid for the goods in question, account to you (after deducting all reasonable storage and selling expenses) for any proceeds received.
- 4.4.3 Items weighing over a total combined weight of 140kg will be delivered via Pallet. You must be able to receive these items at time of delivery and delivery will not be into your home address. This is done to help reduce total cost of shipping.
- 4.5 If you fail to take delivery because you have cancelled your contract under the Distance Selling Regulations the Supplier shall refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods. On exercising your right to cancel you shall be required to return the goods to the Supplier. Should you fail to return the goods, the Supplier reserves the right to deduct any direct costs incurred by the Supplier in retrieving the goods as a result of such failure.
- 4.6 Every effort will be made to deliver the goods as soon as possible after your order has been accepted. However, the Supplier will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. In this case, the Supplier will inform you of any delay as soon as possible and will give you the option of cancelling your order at this point.
- 4.7 Upon receipt of your order you will be asked to sign for the goods received in good condition. If the package does not appear to be in good condition then please refuse the delivery. If you are unable to check the contents of your delivery at the point of delivery then please sign for the parcel as “UNCHECKED”. Failure to do so may affect any warranty claims that you make thereafter.
- 4.8 Orders requiring delivery outside of the United Kingdom are subject to change in alignment with the selected courier service by Kettlebell Fever Ltd.
- 4.9 24hr Delivery refers to the UK Mainland ONLY with delivery taking place between Monday – Friday ONLY with the exception of Bank Holidays.
- 5.1 The goods are at your risk from the time of delivery.
- 5.2 Ownership of the goods shall not pass to you until the Supplier has received in full (in cash or cleared funds) all sums due to it in respect of:
- 5.2.1 the goods, and
- 5.2.2 all other sums which are or which become due to the Supplier from you on any account.
- 5.3 The Supplier shall be entitled to recover payment for the goods even though ownership of any of the goods has not passed from the Supplier.
6. Title for Business Customers
- 6.1 If you are a business customer until ownership of the goods has passed to you, you must:
- 6.1.1 store the goods (at no cost to the Supplier) separately from all your other goods and goods of any third party in such a way that they remain readily identifiable as the Supplier´s property;
- 6.1.2 not destroy, deface or obscure any identifying mark or packaging on or relating to the goods; maintain the goods in satisfactory condition and keep them insured on the Supplier´s behalf for their full price against all risks to the reasonable satisfaction of the Supplier. On request you shall produce the policy of insurance to the Supplier; and 6.1.2 such loss or damage is not a reasonably foreseeable result of any such breach;
- 6.1.3 hold the proceeds of the insurance referred to in condition 6.1.2 on trust for the Supplier and not mix them with any other money, nor pay the proceeds into an overdrawn bank account.
- 6.2 If you are a business customer your right to possession of the goods shall terminate immediately if:
- 6.2.1 you have a bankruptcy order made against you or make an arrangement or composition with your creditors, or otherwise take the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convene a meeting of creditors (whether formal or informal), or enter into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or have a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or a resolution is passed or a petition presented to any court for your winding up or for the grant-ing of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency; or
- 6.2.2 you suffer or allow any execution, whether legal or equitable, to be levied on your property or obtained against you or you are unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986 or you cease to trade; or
- 6.2.3 you encumber or in any way charge any of the goods.
7. Your right of cancellation
- 7.1 You have the right to cancel the contract at any time up to 10 days after you receive the goods (see below). Please note that this policy has some limitations and does not apply to business customers.
- 7.2 To exercise your right of cancellation, you must give written notice to the Supplier by hand, post or email, giving details of the goods ordered and (where appropriate) their delivery. Notification by phone is not sufficient.
- 7.3 Except in the case of faulty or misdescribed goods, if you exercise your right of cancellation after the goods have been delivered to you, you will be responsible for returning the goods to the Supplier at your own cost. The goods must be returned to the address shown within the Returns on Line section of the Supplier’s website. You must take reasonable care to ensure the goods are not damaged in the meantime or in transit. In the case of faulty or misdescribed goods the Supplier shall, after receiving notification in accordance with condition 8.4, 8.5 or 8.6, either collect the goods from you or ask you to return the goods to the Supplier in accordance with the Supplier’s Returns procedure (see condition 12 below)
- 7.4 Once you have notified the Supplier that you are cancelling the contract, the Supplier will refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods.
- 7.5 Except in the case of faulty or misdescribed goods, if you do not return the goods as required, the Supplier may charge you a sum not exceeding the direct costs of recovering the goods.
- 7.6 You do not have the right to cancel the contract if the order is for computer software which has been unsealed by you, or for consumable goods which, by their nature, cannot be returned, save where a fault is discovered which could not have been discovered otherwise than by unsealing the goods.
- 8.1 All new goods supplied by the Supplier are warranted free from defects for 12 months from the date of supply (unless otherwise stated). This warranty does not affect your statutory rights as a consumer. If new goods develop a defect during the 12 month warranty period, you should follow the Supplier’s Returns procedure (see condition 12 below). In the event of a valid claim for a defect in the new goods, where clauses 8.4 or 8.5 do not apply, the Supplier will (at its option) either
- 8.1.1 replace those goods, if the Supplier has available the same goods at the same price;
- 8.1.2 repair those goods; or
- 8.1.3 refund or re-credit you the sum you have paid for the relevant goods within 30 days of the date that the relevant goods are returned in accordance with the Supplier’s Returns procedure (see condition 12 below).
- 8.2 Wherever possible, previously used or owned goods (“Used Goods”) will be highlighted as being so used on the Supplier´s website at the time you place your order. All Used Goods supplied by the Supplier are warranted free from defects for 90 days from the date of supply (unless otherwise stated). This warranty does not affect your statutory rights as a consumer. If Used Goods develop a defect during the 90 day warranty period, you should follow the Supplier’s Returns procedure (see condition 12 below). In the event of a valid claim for a defect in the Used Goods, the Supplier will (at its option) either:
- 8.2.1 replace those Used Good(s), if the Supplier has available the same Used Goods(s) at the same price;
- 8.2.2 repair the Used Good(s); or
- 8.2.3 refund or re-credit you the sum you have paid for the relevant Used Good(s) within 30 days of the date that the relevant Used Good(s) are returned in accordance with the Supplier´s Returns procedure (see condition 12 below).
- 8.3 The warranties in conditions 8.1 and 8.2 above do not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than in accordance with its intended use, failure to follow the manufacturer’s or Supplier´s instructions, or any alteration or repair carried out without the Suppliers prior written approval.
- 8.4 If the goods supplied to you are damaged in transit, you should notify the Supplier in writing via the enotes section of the website within 7 working days of receipt of the goods (please note that this is 48 hours for our business customers) and return the goods to us in accordance with our returns policy (see condition 12 below). Once we have verified the fault, we will issue you with (at your discretion) a replacement or full refund via your original payment method and reimburse your reasonable return carriage costs. This does not affect your rights under clauses 8.1, 8.2 and 8.5.
- 8.5 If the goods supplied to you are faulty or incomplete on arrival (whether or not they were damaged in transit), you must notify us within 28 calendar days (please note that for our business customers, this is 14 calendar days) of receipt of the goods and return the goods to us in accordance with our returns policy (see condition 12 below). Once we have verified the fault, we will issue you with (at your discretion) a replacement or full refund via your original payment method and reimburse your reasonable return carriage costs. This does not affect your rights under clauses 8.1 and 8.2.
- 8.6 If the goods supplied to you develop a defect while under warranty or you have any other complaint about the goods, you should notify the Supplier in writing via the enotes section of the website, as soon as possible, but in any event within 14 days of the date you discovered or ought to have discovered the damage, defect or complaint.
- 8.7 If there is a discrepancy with the goods supplied to you, you should notify the supplier in writing via the eNote section on the website within 14 days of receipt of the goods.
9. Limitation of Liability
- 9.1 Subject to 9.2 below, if you are a consumer the Supplier shall not be liable to you for any loss or damage in circumstances where:
- 9.1.1 there is no breach of a legal duty owed to you by the Supplier or by its employees or agents;
- 9.1.2 such loss or damage is not a reasonably foreseeable result of any such breach;
- 9.1.3 any increase in loss or damage resulting from breach by you of any term of this contract.
- 9.2 Nothing in these conditions excludes or limits the liability of the Supplier for death or personal injury caused by the Supplier´s negligence or fraudulent misrepresentation.
- 9.3 If you are a business customer the Supplier shall not be liable to you for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this agreement.
- 9.3.1 loss of business; loss of data; loss of profits; loss of goodwill; loss of anticipated savings or loss of revenue even when advised of the possibility; or
- 9.3.2 any indirect or consequential losses, liabilities or costs.
- 9.4 If you are a business customer then the aggregate liability of the Supplier (whether in contract or for negligence or breach of statutory duty or otherwise howsoever) to you for any loss or damage of whatsoever nature and howsoever caused shall be limited to and in no circumstances shall exceed the price of the goods in question.
10. Data Protection
- 10.1 The Supplier will take all reasonable precautions to keep the details of your order and payment secure but unless the Supplier is negligent, the Supplier will not be liable for unauthorised access to information supplied by you.
- 11.1 Product images are for illustrative purposes only and may differ from the actual product.
- 12.1 Any items returned to us which you claim to be faulty or incomplete are checked and verified by our technicians. Any returned items that are found not to be faulty or incomplete will be returned to you and we shall be entitled to charge you for the return carriage costs via your original payment method. In the event that your credit card has expired, or is declined we will hold the item(s) until full payment has been made for the return carriage.
- 12.2 Any items that you return to us are at your own risk, therefore we strongly advise all our customers to take reasonable care when returning any items to us for example, by ensuring the goods are correctly addressed, adequately packaged, and carried by a reputable carrier.
13. Informational Purposes Only
- 13.1 The information on this Site is for informational purposes only. No information, services, or materials offered by or through this Site shall be construed as or understood to be medical advice or care. None of the information on this Site shall be used to diagnose or treat any health problem or disease. YOU MUST CONSULT WITH A PHYSICIAN, DOCTOR, OR HEALTH CARE PROVIDER BEFORE TAKING ANY PRODUCT, USING ANY INFORMATION ON THIS SITE OR TAKING UP ANY FORM OF PHYSICAL EXERCISE. No physician/patient relationship is created between Kettlebell Fever Ltd and you by reason of your use of the site or under any circumstances. Individual inquiries about sensitive or confidential matters should be addressed to appropriate health care professionals. In connection with this statement, please take particular care to read the Disclaimer of Warranty and Liability.
- 13.2 Whilst Kettlebell Fever Ltd makes every effort to keep the information on this web site accurate, we make no warranty or representation, express or implied about its accuracy, completeness or appropriateness for a particular purpose. Thus you assume full responsibility for using the information at this web site, and you understand and agree that neither Kettlebell Fever Ltd nor any of its members are responsible or liable for any claim,loss or damage resulting from its use.
- 14.1 Any information supplied by you will only be held and used for our purposes in order to conduct business with you and to improve our level of service. We will not pass on your details to any third party without your express agreement. Please note that we do not store any customer’s financial details.
- 14.2 We will only send you emails or other information where you have given us your consent.
- 14.3 We will not sell, rent, share, trade or give away without your permission any information we hold about you. We may ask you for some additional information from to time to time to help us improve our service to you – this is entirely voluntary and will be clearly highlighted as such.
- 14.4 Should you wish to be removed from our mailing lists all you need to do is contact us and all further contact with you will cease.
- 14.5 We may use technology to track the patterns of behaviour of visitors to our website. This can include using a “cookie” – this a small piece of information that is stored on your computers hard drive by your browser. You can modify your browser to prevent this happening.
- 14.6 We do not store credit card details nor do we share customer details with any 3rd parties
15. External Website Links
- 15.1 External links may be provided for your convenience, but they are beyond the control of Kettlebell Fever Ltd and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk. When visiting external links you must refer to that external websites terms and conditions of use.
16. Governing law and jurisdiction
- 16.1 These terms and your use of this site are governed by and construed in accordance with the laws of England and Wales and any disputes will be decided only by the Courts of England and Wales.
17. The Made For Life Guarantee – Personal and Group Training Services
- 17.1 Billing Agreement: All personal and group training clients are billed on a pre-pay basis. Bills are issued directly to a client and are due upon receipt before training begins.
- 17.2 Length of Sessions and Appointment Times: Each training session is based on a 60-minute workout. To get the most out of our efforts, please be ready to exercise at the appointed time. If you are more than 15 minutes late for a scheduled session, it will be considered a no-show and you will be charged.
- 17.3 Cancellation Policy: All sessions are arranged on a scheduled appointment basis. In order for effective use of time, all clients are asked to give a 24-hour notice when cancelling an appointment. This means a cancellation should be made at least 24 hours before the scheduled appointment by calling us directly at +44(0)1686 627 279 or emailing firstname.lastname@example.org. (Monday appointments must be canceled by Friday) Personal and Group training sessions canceled inside of 24 hours of the scheduled appointment will be billed at the normal rate of a single session and deducted from my account.
- 17.4 Use of Nutritional Supplements: To guarantee safety, we request that all clients do not use any potentially dangerous stimulants like “diet” or “fat burning” pills of any kind.
- 17.5 Made For Life Guarantee Refund Policy: Based on our commitment to you, we require the following from you in order for you to be eligible for a full refund. 1 Workout a minimum 2-3 days per week following the Kettlebell Fever program for a minimum of 12 weeks (Cancelled training sessions must be made up during the same week or the following week). 2. Fill out your Accountability Food and Cardio Journal in its entirety each day. 3. Follow your custom designed nutrition plan. After the twelve (12) week period, if you can honestly say you followed all three of the requirements and do not look or feel better than you did when you first stepped through our doors, we will refund your entire package investment.