Welcome to the TRX Fitness Systems Website terms and conditions for use. These terms and conditions apply to the use of this website and by using the Website you are legally bound by them. If you do not agree to be legally bound by the terms and conditions please do not use this Website. It is important that as a Website User you periodically check these terms and conditions because we reserve the right to change them at anytime without notice. The terms and conditions that available on our Website at the time you are using it will be those that apply during such use.

Definitions

Terms explained: “Conditions” means these terms and conditions and the Special Conditions; “Product or Goods” means a product/item/goods displayed for sale on the Website; “Product Description” means that part of a Website where certain terms and conditions in respect of the individual Product are provided; “Special Conditions” means the terms and conditions in the Product Description; “User” means a users of the Website collectively: “Personal Information” means the details provided by you on registration and use. “Contract” means you placing of and order with us for product or goods and abeyance to the terms and conditions herein; “We/us” means TRX Fitness Systems Ltd; “Website” means the Website located at www.fitnessanywhere.co.uk or any subsequent URL which may replace it; “Cookies” means small text files which our Website places on your computer`s hard drive to store information about your shopping session and to identify your computer. Cookies cannot harm your computer and do not contain personal or private information; “United Kingdom” means England, Wales, Scotland, Northern Ireland and the Channel Islands and “You” means the user of this Website.

Use of the website

Access

You are provided with access to this Website in accordance with these Conditions and any orders placed by you must be placed strictly in accordance with these Conditions.
Registration and use

In using this Website you warrant that:

• The Personal Information which you are required to provide when you register or use this Website as a customer is true, accurate, current and complete in all respects.
• You will notify us immediately of any changes to the Personal Information by contacting our Customer Service Dept by e-mail at sales@fitnessanywhere.co.uk or by calling us on 0117 980 9212

You must be clear that you agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.

Ordering

All orders can be placed online through the Website and are subject to our Order acceptance policy as detailed below: Order acceptance and the completion of the contract between you and us will take place on the despatch of the Products/Goods ordered to you unless we have notified you that we do not accept your order or you have cancelled it in accordance with the instructions. Non-acceptance of an order may be a result of one of the following;

•The product you ordered being unavailable from stock

• Our inability to obtain authorisation for your payment
• The identification of a pricing or product description error
• You not meeting the eligibility to order criteria set out in the main Terms and Conditions

If there are any problems with your order, you will be contacted by our Customer Services Dept.

The sales contract is therefore completed in England. We reserve the rights to reject any offer to purchase by you at any time.

We take all reasonable care, in our power, to keep the details of your order and payment secure. However in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.

Contract creation and electronic contracting

The technical steps that are required to create the contract between you and us are as follows:

• You place the order for your products on the Website by pressing the confirm order button at the end of the check-out process. You will be guided through the process of placing an order by a series of simple instructions on the Website.
• We will send you an order acknowledgement email detailing the products you have ordered. (This is subject to clearance within security checks).
• As your order is shipped from warehouse a despatch confirmation email is produced and sent to you.
• Order acceptance and the completion of the contract between you and us will take place on the despatch to you of the Products/Goods ordered unless we have notified you that we do not accept you order or you have cancelled it in accordance with the instructions Order/Contract Cancellation.
Please note that if you require specific contract/order information on orders you have placed please write to our Head Office (same address as given).

Method of Payment

You can pay either by:

Mastercard

Switch

American Express

Cash

It is imperative that you provide the cardholder name and expiry date as it is shown on the card, and the address exactly as it appears on your card statement. Card fraud is illegal and perpetrators will be prosecuted in all cases

You will be charged for the item when it’s on its way to you in the order despatch process.

The prices on our Website include EU VAT at the appropriate rate prevailing at the time. Any duties or local taxes are payable by you.

Order / Contract Cancellation

Please note that you are entitled to cancel this contract if you so wish provided that you exercise your right no longer than seven working days after the day which you receive the Products/Goods.

Cancellations are only valid if they are within compliance to the Consumer Protection Regulations 2000. These must be made in writing (email accepted – sales@fitnessanywhere.co.uk ) to TRX Fitness Systems Ltd and addressed to Order Cancellations Department at our Head Office (address as given), You must provide the following details:

• Customer name
• Order number
• Date of the order

On occasions, due to our processing methods, we may have despatched your order to you at you time of your cancellation. You will have to return it to us within 14 days of delivery in accordance with the instructions and conditions detailed in the Returns section or you will be charged for both products and delivery.

Description of Products / Goods

Each product is sold subject to its Product Description which set out additional Specific Conditions relating to that Product including, without limitation, terms and conditions concerning estimated delivery dates and times, warranties, after-sales service and guarantees.

We take all reasonable care to ensure that all details on product or goods descriptions, sizes, weights and measurements within the contents are fair and accurate. However this may not always be reflected at the position exactly when you place an order. We cannot confirm the price of the Product until your order is accepted in accordance with our Order Acceptance Policy (colours, packaging and product/goods specification may vary according to manufacturing changes, tolerances, variability and availability. TRX Fitness Systems Ltd accepts no responsibility or liability for errors or omissions).

Delivery

Delivery times will only apply when we have the requested products in stock. The costs shown are per delivery, per delivery day. Our couriers work throughout the day so you order may arrive anytime between 09.00 and 17.30 GMT Monday to Friday.

The delivery lead-time to mainline UK address will vary according to the item ordered. All goods ordered are offered strictly subject to availability. Although TRX Fitness Systems Ltd seeks to despatch all items/products/goods within 14 working days, please allow up to 28 days for delivery. Some items/products may be subject to longer lead-times if they are made to order. You will be advised of this either by email of a telephone call by our Customer Service Department.

You will be advised of any undue delays in despatch of your Product/Goods by our Customer Services Department or alternatively you may call our Customer Services Department on 0117 980 9212Monday to Friday 0900 – 1730 GMT, to enquire about your order.

We deliver to all postal areas in the UK, including England, Wales, Scotland, Northern Ireland and the Channel Islands.

Delivery to address on islands or in remote areas of the UK mainland may take longer than our usual delivery times. For more information please call. The carriage charges to these areas may also attract additional carriage charges please call our Customer Services Representatives.

We deliver Monday to Friday 0900 – 1730 GMT. We realise that occasionally we may try to deliver an order and you (or the intended recipient) may not be available. A card will be left confirming that we have tried to deliver. This card contains a contact number so you may be able to speak to the couriers and agree a convenient delivery time or you may arrange to collect the order directly from their depot.

If we are unsuccessful the delivery will be returned to our warehouse and you will be charged for the delivery. You will also be charged for any further subsequent delivery.

Carriage Charges

*The following charges apply:

Damages / Shortages

All deliveries are made with a itemised Delivery Note, TRX Fitness Systems Ltd must be notified of damage or shortage within 48 hours of receipt of delivery. This can be done by using either email or a telephone (hours as stated). This must be confirmed in writing within 3 working days of the receipt of goods. Notification concerning non-delivery of all or part of a consignment must be made within 10 working days from the invoice date otherwise no claim can be entertained. You are advised to contact Customer Services Representatives for advice on procedure. (all calls will be charged at a local rate and calls made be monitored for training purposes).

On no account should you attempt to return product/goods without following outlined by the company at the time.

When signing for a delivery you are accepting that the correct number of parcels have are arrived and are correct. Please take care to check the delivery details of the products being presented to you by the courier. It is not sufficient to sign the delivery UNCHECKED, if the parcels are damaged or items are missing.

If parcels are damaged or items are missing you should either refuse the delivery completely or sign for the parcels as being DAMAGED. If the number of parcels do not match or correspond to the consignment note, this must be stated as SHORT DELIVERY.

It is your responsibility to ensure that the actions above are followed BEFORE SIGNING. Mistakes cannot be rectified once the number of packages has been signed for.

Guarantees / Refunds / Refund Liability

All Product/Goods are covered by manufacturers specific warranties and are subject to appropriate use and maintenance therein. In addition TRX Fitness Systems Ltd shall replace or repair any item(s) purchased through the Website, where it see appropriate. With regards the extent of refund liability at no time will TRX Fitness Systems Ltd be liable for any costs in excess of the original purchase price of the Product/Goods. With reference guarantees and refunds, all equipment or product is covered by the manufacturers warranty (in some case warranties are not applicable as in the case of Gym balls and Yoga Mats) which can range from 28 days to 1 or 2 years (Benches and heavy framed equipment can be and up to 5 years). TRX Fitness Systems undertakes to replace, repair or exchange any items that are returned under the terms of the manufacturers warranty.

Returns

In all cases you must contact sales@fitnesssystems.co.uk or call 0117 980 9212 before returning any item/product and also obtain a Returns Number and where applicable a Returns Form (This may be printed upon the reverse of your Delivery Note). TRX Fitness Systems will advise on the method of return. Any items/product/goods that are returned for refund or exchange must be received back at our warehouse (not the Head Office – Call for address) within 14 working days in anew and unused condition and with original labels and original packaging intact. The items must be free from use or damage. Due to health and hygienic considerations some items cannot be returned (call for advice). A fully completed *Returns Form must accompany any return delivery – failure to complete or supply this may invalidate any refund or exchange. We strongly advise you to use a recorded/insured delivery service (these will provide proof of posting certificates) as Escape Fitness cannot be held responsible for goods lost or damaged in transit. When returning goods for refund you agree to accept the delivery charge. Exchanged goods may also attract carriage charges to be borne by you. Please note this does not affect your Statutory Rights.

Data Protection and Privacy Policy

Any details, which you provide to us from which we can identify you, are/is held and processed lawfully and in accordance with the Data Protection Act 1998.

Please check back frequently to see if any updates or changes to our privacy policy.

We will treat Personal Information as confidential (although we reserve the right to disclose this information in the circumstances set out below).

We will keep it on a secure server and we will fully comply with all applicable UK Data Protection and consumer legislation in place at time of going live with this site.

When shopping on our Website, we will ask you to input and we will collect Personal Information from you such as your name, e-mail address, billing address, delivery address, telephone number, product selections, credit card or other payment information, password or other information relating to the use of this website. In case of difficulty in processing an order, this information will be used to contact you the user. We may also collect, and our third party providers of advertisements and content may collect, information about where you are on the internet (eg URL you came from, IP address, domain types like .co.uk and .com), your browser type, the country and telephone area code where your computer is located, the pages of our Website that were viewed during your visit, the advertisements you clicked on, and any search terms that you entered on our Website (“User Information”). We may collect this information even if you do not register or use our site.

We would like to draw your attention to the fact in order to improve the quality of our service we may use a site monitoring service software to capture information about your visit to our Website.

Escap Fitness is the sole owner of the information collected on this Website. We do not divulge or disclose this information to others in ways different from what is stated in these terms and conditions. Escape Fitness collects information from users of our website at several different points.

We confirm that any Personal Information which you provide to us (or that which may be available on public registers) and User information from which we can identify you, is held in accordance with the registration we have with the Data Commissioner’s Office. TRX Fitness Systems uses your information only for the following:

• For processing your orders;
• For statistical purposes to improve this Website and it’s services to you;
• To administer this Website;
• If you consent, to notify you of products or special offers that may be of interest to you or direct you to other Websites offering associated and comparative services or linked interest.

You agree that you do not object to us contacting you for any of the above purposes whether by telephone, e-mail or in writing. You agree and confirm that you do not and will not consider the above as a breach of any of your rights under the Telecommunications (Data Protection and Privacy) Regulations 1999.

Certain (hypertext) links in our Website will lead you to other Websites that are not under our control. By activating a link, you will leave our website and we have no responsibility or liability for the content or conduct of any Website that may be linked form our Website or for your transactions with them.

When you create a shopping account while ordering online you may be given the option to receive information from TRX Fitness Systems by post, e-mail or telephone about products, promotions or special offers which we feel may be of interest to you. In the event that you do not wish to be contacted for such purposes, ensure that you tick the appropriate box as you go through the registration or user process. You have the right to “unsubscribe” from our contact list at any time by replying to us on e-mail at sales@fitnessanywhere.co.uk or in writing to our Head Office (address given below).

Under law, you should be aware that if we are requested by the police or any other regulatory or government authority investigating suspected illegal activities to provide your Personal Information and/or User Information we are entitled and obliged to do so.

We may use technology to track the patterns of visitors to this site and personalise your data/usage of this Website. This can include using a “Cookie” which would be stored on your browser. You can usually modify your browser to prevent this happening. The information collected in this way can be used to identify you unless you modify your browser settings. In addition, if any external advertisements appear on this Website, our third party advertiser may place or recognise a unique Cookie on your browser but it will not collect any personally identifiable information about you.

TRX Fitness Systems Ltd may provide an news letter to Users. Subscription by any user to our Email Newsletter requires an email address.

If a users Personal Information Changes (such as your address), or if a user no longer desires our service, we provide a way to correct, update or remove that users personal data provided to us. This can be done by emailing sales@fitnessanywhere.co.uk or on 0117 980 9212 Monday to Friday 0930 – 1730 GMT (please note that all calls to our Customer Representatives will be charged at local rate and may be recorded for quality monitoring and training purposes).

Notification of Changes

Any changes to our privacy policy will be placed on our Website. If we decide to use Personal Information in a way different from that stated at the time it was collected, we will notify users by way of email. Users will then have a choice as to whether or not we can use their Personal Information in a different way. Information will be used in accordance with the privacy policy that it was collected under.

Exclusions

Exclusion of www.fitnessanywhere.co.uk. This Website contains material for information purposes only. The material on this Website does not constitute advice and you should not rely on any material in this Website to make any decision or take any action.

TRX Fitness Systems does not make any warranty or representation as to the accuracy or fitness for purpose of any material on this Website. In no event do we accept liability of any description, including liability for negligence (except for personal injury and death), for any damages or losses (including limitation loss of business, revenue, profits or consequential loss) whatsoever resulting from use of or inability to use this Website.

If you feel that this Company is not abiding by its privacy policy, you should first contact the Compliance Officer at sales@fitnessanywhere.co.uk

Exclusion of Liability

While we use reasonable endeavours to verify the accuracy of any information we place on the Website , we make no warranties, whether express or implied in relation to its accuracy.

On product or goods descriptions, Escape Fitness endeavours to ensure that product and goods descriptions, sizes, weights and measurements within the contents are fair and accurate. However Escape Fitness reserves the right, without any prior notice to discontinue, change specification and designs without incurring any obligations to the user. Colours, packaging and product/goods specification may vary according to manufacturing changes, tolerances, variability and availability. TRX Fitness Systems Ltd accepts no responsibility or liability for errors or omissions.

The use of this Website is at your own risk. We shall not be liable to any person for any loss or damage that may arise from the use of any of the information contained in any Content on our Website.

Nothing in these terms and conditions of use shall exclude our liability for death or personal injury resulting from our negligence or any other liability that we are prohibited from excluding by law.

Subject to the preceding paragraph:

• The Content is provided on an “as is “ basis. We shall not be liable for any damage, loss or for any costs, claims or demands of any nature whether arising out of tort (including negligence), contract or otherwise brought against you by any party arising directly or indirectly in connection with the use, inability to use, or performance of, our Website and all other conditions, warranties and other terms, whether express or implied by law or otherwise to the contrary are hereby excluded to the maximum extent permitted by law;
• In no event shall we be liable either in contract, tort, negligence, statutory duty or otherwise for any loss of profits, revenue, goodwill or any type of consequential loss, indirect, special, exemplary or punitive loss or damage whatever arising from or in any way connected with the use, inability to use, or performance of, our Website, even if we have been specifically advised of the possibility of such loss or damage; and
• Except in relation to such liability as has been expressly excluded in the preceding paragraphs, our maximum aggregate liability in contract, tort, negligence, statutory duty or otherwise for any loss or damage whatever arising from in any way connected with (I) any performance or non-performance by us of any obligation assumed by us under this Website, these terms and conditions or otherwise; or (ii) any liability not excluded by these terms and conditions, shall in respect of any or more events or series of events (whether connected or unconnected) taking place within any 12 month period will be limited to £25,000. This limit shall also apply if any exclusion or other provision contained in these terms and conditions is held to be invalid for any reason and we become liable for loss or damage that could otherwise have been limited.

Despite and although taking reasonable steps to prevent the introduction of viruses, we do not warrant that any information or Content accessible via our Website is free from viruses, Trojan horses or other harmful matter, nor that our Website will be error free.

We make no warranty that the Website will, meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.

Your Liability To Us

You may be liable for reasonable losses within the contemplation of the parties at the time that the contract was entered into.

Indemnity

As a user of this Website, you agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information.

Liability Statement

All sports and methods of exercise are potentially hazardous. It is the individual’s own responsibility to learn and understand the proper techniques associated with safe participation in any activities and to fully accept and assume all risks, damages, injuries, or death which may result from the use of products/goods or items in/from the www.fitnessanywhere.co.uk Website. Whilst this Website strives to inform, it does not pretend to substitute for professional instruction of a qualified expert. You should always exercise with care for yourself, your surroundings and others in the proximity.

Our Rights

We reserve the right to:

* Modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and.or
* Change the Conditions from time to time, and your continued use of the Website (or part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using our/this Website.

Third Party Links

To improve the value to our Users, we may provide links to other Websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked Websites we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other material or services on or available from such websites or resources or (iii) the use to which others make these websites or resources, nor for any loss, damage or offence caused or alleged to have caused by, or in connection with, the use of or reliance on any such advertising, content, product goods or other materials or services available on such websites or resources.

TRX Fitness Systems Ltd excludes all liability for any illegality arising from error, omission or inaccuracy in material created and submitted content by third parties. These third party Websites are not within the responsibility, liability, control or influence by us.

Security

TRX Fitness Systems Ltd takes the security of our Website very seriously. We realise how important it is to securely store any information that you provide. Escape Fitness uses secure server software (SSL) to ensure that your credit card will be protected against fraudulent use while on our Website. This SSL uses encryption on all your Personal Information to prevent anyone but the intended recipient from viewing or manipulating your information. The servers that we collect and store information are kept in a secure environment. You can tell whether a page is secure as `https` will replace the `http` at the front of the www.fitnessanywhere.co.uk in your browser address window. A small locked padlock will also appear in the bottom bar of your browser window.

Content

The design of our Website, including its text, graphics, icons Content, structure, selection and arrangement are owned by TRX Fitness Systems Ltd (copyright 2004) and all of the rights are reserved. The Content, copyright, trade marks, icons of all partners using this site are owned by their respective owners, who reserve all of their rights respective thereof.

You must not and you must not permit anyone else to either copy, download, store, modify, adapt, transmit, distribute, perform, play or show in public, broadcast, publish or otherwise use any part of the Content on our site without prior written agreement by the relevant owner in question.

Price and availability information is subject to change without notice.

Copyright

Escape Fitness are trade and service marks of TRX Fitness Systems Ltd, our parent company. All rights in these trade and service marks are reserved. Our Website also contains trade and service marks belonging to third parties.

You may not use or reproduce any trade or service marks appearing on our site for any purposes without the prior agreement of the relevant owner. Unless stated otherwise the contents of all the pages in this Website are owned or licensed to TRX Fitness Systems Ltd or are to be used only with the expressed written permission of the owner.

Intellectual Property and Right To Use

You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all time vested in us or our licensors. You are permitted to use this material only as expressly authorised by us, or our acting licensors.

You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may (if necessary to make a purchase) download such material and content onto one computer hard drive for such purpose. Any other use of the material and content of the Website is prohibited. You agree not to (and agree not to assist or facilitate any third party to ) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

Limitation of Liability

To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products/Goods.

This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights.

We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentation) or otherwise out of or in connection with the Conditions for:

• Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
• Any loss of goodwill or reputation; or
• Any special or indirect losses,

Suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.

Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.

Severance

If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.

Waiver

No waiver by us shall be construed as a waiver of any proceedings or succeeding breach of any provision.

Survival

Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other provisions is held to be inapplicable or unenforceable in any circumstances.

Entire Agreement

These Conditions govern our relationship with you. Any changes to these Conditions must be made in writing and signed by both parties. In this way, we can avoid any problems surrounding what TRX Fitness Systems Ltd and you are expected to do.

You confirm that, in agreeing to accept the Conditions, you have not relied on any representation save insofar as the same has expressly been made in term of these Conditions and you agree that you shall have no remedy in respect of any representation. Your Statutory Rights are not affected by these terms and Conditions.

Compliance with Laws and Jurisdiction

The Website is controlled and created by TRX Fitness Systems Ltd,  a company incorporated under the laws of England and Wales. The website may only be used for lawful purpose and in lawful manner. You agree to comply with all the applicable laws, statutes and regulations regarding the Website and any transaction conducted on or through it. These rules shall be governed by, and construed in accordance with, English law, without giving effect to any principals of conflict of laws.

General

We value you using our Website and you will find that TRX Fitness Systems Ltd endeavours to meet the needs of its users. We welcome any feedback on our products or service. Should you not be entirely happy with either of these please call us on Customer Services Department on 0117 980 9212 between 0930 – 1730 GMT, Monday – Friday, or alternatively email us on sales@fitnessanywhere.co.uk