"Terms and Conditions" means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by Us; "Website" means www.sueclarkhealthandfitness.co.uk. "Contract" means the contract between Sue Clark Health and Fitness and you, the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions; "You/Buyer" means the individual or organisation who buys or agrees to buy the Goods from us; "Goods" means the items that the Buyer agrees to buy; "We/Us" means Sue Clark Health and Fitness of Jesmond, Newcastle-upon-Tyne that owns and operates www.sueclarkhealthandfitness.co.uk;
Nothing in these Terms and Conditions shall affect your statutory rights. These Terms and Conditions shall apply to all contracts for the sale of Goods by us to you. 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 us. Any complaints should be addressed to us at the address which can be found on our Contact Us page.
All orders for Goods shall be deemed to be an offer by you to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by us. We may choose not to accept an order for any reason.
When the order is received you will receive an automatic email confirmation, this does not constitute acceptance of the order.
On acceptance of the order we will email you and provide an estimated delivery date.
The price of the Goods shall be that stipulated on the Website. ALL prices are inclusive of VAT. The price excludes delivery charges. The total purchase price, including VAT and delivery charges, will be displayed in your shopping basket prior to confirming the order.
Payment of the total order price must be made in full before dispatch of the Goods. Payment is made by debit or credit card via the secure Paypal payment gateway.
We reserve the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. We shall make every effort to ensure prices are correct at the point at which you place an order.
We reserve the right to withdraw any goods from the Website at any time.
We shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.
www.sueclarkhealthandfitness.co.uk can only deliver within the United Kingdom mainland. Goods will normally be delivered within 1 working day of acceptance of order.
Delivery of the Goods shall be made to the address specified in the order and you must make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
Title and risk in the Goods shall pass to the you upon delivery of the Goods.
Please Note that this policy does not apply to business customers.
You are entitled to cancel this contract if you wish, provided that you exercise your right no later than seven working days after the day on which you receive the Goods.
If you wish to exercise your right to cancel this contract prior to order dispatch, simply email us using our Contact Form. You must include your order reference, the name or code of the items you are cancelling and the date you placed your order.
If your order has already been dispatched please follow the procedure set out in our Returns policy.
If you intend to return a product please inform us first by completing our Contact Form.
See the CANCELLATION conditions in the previous section for full details of your rights.
On receipt of your cancellation notice we will contact you by email to confirm the address for items to be returned to. Goods must be returned at your own expense and should be adequately insured during the return journey. When we receive the returned Goods and have checked them we will refund all monies paid for the Goods (including delivery charges, if any) except for return postal charges to your credit card.
All returned goods should be returned in their original packaging and undamaged. Where returned Goods are found to be damaged due to the Buyer's fault the Buyer will be liable for the cost to remedy any such damage.
You should inspect the Goods immediately upon receipt and notify us by email within 7 working days of delivery if the Goods are damaged. You will be deemed to have accepted the Goods if you have not contacted us within 7 working days of delivery.
Where a claim of defect or damage is made we will contact you by email to arrange return of the Goods. You will be entitled to a full refund (including delivery costs) plus any return postal charges if the Goods are in fact defective.
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 us the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the Price of the Goods and we shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
Nothing in these Terms and Conditions shall exclude or limit the liability of us for death or personal injury resulting from the negligence of Sue Clark Health & Fitness or our agents or employees.
No waiver by us (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
We shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and we shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
We 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.
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.