Terms and Conditions
1. These Conditions
1.1. These Conditions set out the terms and conditions on which we will supply Goods and/or Services to you. Please read these terms carefully before you submit your Order to us. These terms also set out who we are, how we will provide the Goods and/or Services to you, how you or we may end the contract and other important information
1.2. These Conditions will apply to all contracts for the sale of Goods or provision of Services by Amazon to you to the exclusion of all other terms and conditions including any terms or conditions which you may purport to apply under any other document
1.3. Nothing contained in these Conditions is intended to nor shall it affect the statutory rights of you as a Consumer
2. Definitions and Interpretation
2.1 In these Conditions the following words have the following meanings: “Amazon” (also referred to as “we”/”us”) means Amazon Leisure (UK) Limited (Registered Number 3762251) whose Registered Office is at The Fitness Centre, Hargham Road, Shropham, Attleborough, Norfolk, NR17 1DS
“Conditions” means these terms and conditions as amended from time to time in accordance with clause 14.2
“Consumer” means an individual acting for purposes that are wholly or mainly outside that individual’s trade, business, craft or profession (in accordance with section 2(3) of the Consumer Rights Act 2015)
“Contract” means the contract between Amazon and you for the sale of Goods or supply of Services, formed in accordance with and incorporating these Conditions
“Customer” (also referred to as “you”) means you, the person(s) purchasing the Goods and/or Services from Amazon
“Goods” means any goods agreed to be supplied to you by Amazon in accordance with the Contract
“Order” the request from you for goods and/or services to be provided by Amazon, communicated to Amazon by whatever means
“Order Confirmation” means the written confirmation issued by Amazon accepting your Order
“Services” means any services agreed to be performed by Amazon for you in accordance with the Contract including the installation of Goods (“Installation Services”) and the provision of storage facilities (“Storage Services”)
3. How to contact us
3.1. We are Amazon Leisure (UK) Limited of The Fitness Centre, Hargham Road, Shropham, Attleborough, Norfolk, NR17 1DS. We are a company registered in England and Wales under company number 3762251 and our registered VAT number is GB732100884
3.2. If you have any complaints about the Goods or Services provided by us under this Contract, please contact us on: 01953 498098
3.3. If you wish to cancel the Contract in accordance with clause 10, notice of cancellation should be sent to the above address
3.4. If you are returning Goods in accordance with clause 10 they should be sent to the above address
4. Contract formation
4.1. All Orders placed for goods and/or services are deemed to be an offer by you to purchase goods and/or services pursuant to these Conditions
4.2. Acceptance of such Offer shall only take place when we confirm this to you in writing with an Order Confirmation, at which point a contract will come in to force between the parties. Any goods and/or services requested in the same Order which we have not confirmed in the Order Confirmation do not form part of that contract
4.3. Any information on our website or your filling in of details or clicking any button or icon indicating that you are making an Order does not, and is not intended to, constitute a binding contract between you and Amazon. Any Order shall be accepted entirely at our discretion
4.4. Any quotation or estimate provided by us to you is given subject to these Conditions. Without prejudice to our right not to accept an Order, quotations will be valid for a period of 30 calendar days from the date the quotation is provided to you
4.5. If we are unable to accept your Order, we will inform you of this in writing. No contract shall be formed and you will not be required to make any payment to us in respect of those goods and/or services. This may be because of unexpected limits on our resources, because we have identified an error in the price or description of the goods and/or services or because we are unable to meet a delivery deadline specified by you
4.6. In the event of a pricing error that we become aware of, we will notify you. You will then have the option to proceed at the correct price or to cancel the Order. If you choose to cancel the Order any monies already paid to us by you in relation to the relevant Goods and/or Services will be refunded
5. Price and V.A.T.
5.1 The price for the Goods and/or Services is as stated on the Order Confirmation and shall detail the amount of VAT payable. Unless agreed otherwise in writing by Amazon, the price for the Goods does not include installation and delivery by us. The price for delivery and installation, if required, is as stated on the Order Confirmation. For the avoidance of doubt, installation will include delivery to point of access, the placing of Goods in the required position, the building and commissioning of Goods and a brief explanation of basic start up procedures. Installation does not include the removal of any fixtures and fittings including existing aperture (doors/windows and so on) nor a full demonstration of the Goods. If fixtures and fittings are required to be removed to allow installation then you must agree this with Amazon in advance or arrange for another third party to carry out the required works at your cost and entirely at your own risk
6. When payment is to be made
6.1. If you place your Order online, you will need to make payment of the price of the Goods and/or Services in full as shown in the Order Confirmation at the time you place the Order, unless otherwise agreed with us in writing
6.2 Unless otherwise agreed with us in writing, if you place your Order in person or over the phone:
(a) in the case of refurbished products, you will need to make payment of 20% of the price of the Goods and/or Services as shown in the Order Confirmation at the time you place your Order with the remaining 80% being due one week prior to delivery
(b) in the case of new products, you will need to make payment of 50% of the price of the Goods and/or Services as shown in the Order Confirmation with the remaining 50% being due one week prior to delivery.
6.3 We will not deliver the Goods and/or perform the Services as agreed in the Order Confirmation until we have received payment of the full sum set out in the Order Confirmation (and here ‘received’ means the funds have cleared in Amazon’s bank account)
6.4. You will make all payments due under the Contract without any deduction whether by way of set-off, withholding, counterclaim, discount, abatement or otherwise (other than as permitted by law)
6.5. If any sum due from you to Amazon under the Contract or any other contract is not paid on or before the due date for payment then all sums owing by you to Amazon shall become due and payable immediately and Amazon shall be entitled to:
(a) cancel or suspend its performance of the Contract or any Order including suspending delivery of the Goods;
(b) require you to pay for Goods prior to their dispatch or collection from Amazon’s place of business; and
(c) charge you for:
(i) interest calculated on a daily basis on all overdue amounts (whether before or after judgment) at the rate of 4% per annum above Barclays Bank PLC’s base rate prevailing from time to time until payment is made in full;
(ii) any reasonable debt recovery costs incurred by Amazon in attempting to recover the amount due; and
(iii) the cost of obtaining judgment or payment to include all reasonable professional costs (including legal fees) and other costs of issuing proceedings in pursuing a debt recovery claim against you
7. Delivery
7.1. Delivery of the items will be to your address or any alternative address as stated in the Order Confirmation or as agreed between the parties in writing at least 72 hours in advance of the date of delivery. Unless stated otherwise the Goods are at your risk from the time of completion of the delivery
7.2. When delivery will be made
Our aim is to deliver the Goods and/or perform the Services within 30 days of issuing the Order Confirmation unless agreed otherwise between you and us. It will not always be possible to do this, and it is agreed by both parties that we cannot guarantee that we will deliver the Goods and/or perform the Services within 30 days
7.3. If the Goods are not in stock at the date of issue of the Order Confirmation, Amazon will notify you when the Goods are ready for despatch and you must contact Amazon within 7 days of receiving this notification to arrange a date for delivery of the Goods that is within 21 days after the date of the notification (“Delivery Deadline”). If you have not taken delivery of the Goods before the Delivery Deadline, Amazon will store the Goods from the Delivery Deadline until delivery takes place and will charge the costs of storage to you
7.4. Amazon may at its own discretion arrange for the Goods to be delivered in instalments on more than one delivery date and in those circumstances each delivery will be deemed to be a separate contract and may be invoiced separately
7.5. Any dates specified by Amazon for delivery of the Goods or performance of the Services are intended to be an estimate only and we will not be liable for any delay in delivery or non-delivery of the Goods that is caused by any unexpected event that is beyond our control or due to your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of Goods
7.6. If for any reason you do not accept delivery of any of the Goods when they are ready for delivery as agreed or we are unable to deliver the Goods on time because you have not provided appropriate instructions, documents, licences or authorisations or otherwise not complied with your obligations under the Contract in respect of the Goods, then the Goods will be deemed to have been delivered, at 5.00pm on the day on which the attempted delivery by us took place. Upon deemed delivery risk will pass to you (including for loss or damage caused by Amazon’s negligence) and Amazon may:
(a) store the Goods until actual delivery whereupon you will be liable for all related costs and expenses (including without limitation storage, re-delivery and insurance costs); or
(b) if no redelivery date has been agreed within 7 days of deemed delivery, sell the Goods at the best price readily obtainable and (after deduction of all reasonable storage and selling expenses) charge you for any shortfall below the Contract price
8. Provision of Installation Services
8.1. There will be a minimum of two people in each team sent by Amazon to deliver and/or install the Goods. There is a minimum charge per day per person for Contracts that include the delivery and/or installation of Goods by us
8.2. We reserve the right to review our charges from time to time. Details are available to you by e-mail or post at your request
8.3. You must notify us at least 24 hours before the agreed delivery date if you wish to cancel the Installation Services (which will take place on a date agreed in advance between Amazon and you and which is more than 7 days after the date of the Order Confirmation), failing which the minimum charge referred to at clause 8.1 above will be payable by you in any event
8.4. You are liable for any incidental charges necessary to allow the Installation Services to be performed (for the avoidance of doubt incidental charges will include the removal of fixtures and fittings including doors and windows and any other cost necessary to permit us to complete the Installation Services as agreed)
9. Provision of Storage Services
9.1. Where Amazon agrees to provide Storage Services to you for the Goods, Amazon will on receipt of the Goods prepare and send to you an inventory which will be conclusive evidence of the Goods stored unless you notify Amazon in writing of any error in the inventory within 7 days of receiving the inventory. Such indication shall not be effective unless acknowledged by Amazon in writing to you
9.2. The Storage Services shall commence on the date of receipt of the Goods by Amazon and will continue until terminated in accordance with clause 9.5.
9.3. Payment for Storage Services for the initial 3 month period will be payable in advance. After the initial 3 month period payments for Storage Services will be payable a month in advance. No refund will be made to you if Goods are removed from the storage location by you during the initial 3 month period
9.4. Amazon will be entitled to revise any Storage Services charges from time to time. Amazon will give you at least 28 days’ notice of an increase in charges, such increase to take effect at the beginning of the next invoicing period
9.5. Termination of the Storage Services:
(a) You shall not be entitled to terminate the Storage Services within the initial 3 month period;
(b) You shall be entitled to terminate the Storage Services after the initial 3 month period by giving Amazon at least 1 month’s notice in writing. The notice shall not be effective unless received by Amazon. If Amazon agrees to release the Goods on less than 1 month’s notice, Amazon reserves the right to charge for the full 1 month period
(c) Provided you are not in arrears with the payment of Storage Services charges, Amazon shall not terminate the Storage Services save for on 1 month’s notice in writing
9.6. Obligations on termination of the Storage Services
On termination of the Storage Services you shall immediately pay all of Amazon’s outstanding invoices for the Storage Services charges.
9.7. Amazon shall be entitled to refuse to release the Goods to if you fail to comply with your obligation under clause 9.6.
9.8. Handling
Amazon shall be entitled to make a separate reasonable charge for loading or unloading the Goods and if you elect to make your own arrangements for the delivery or collection of Goods to or from Amazon’s storage premises, a charge for the loading and/or unloading of Goods from the time they are received by or handed over to Amazon
10. Cancellation rights
Where the Contract is concluded as a distance contract or off-premises contract (as defined by the Consumer Rights Act 2015) the following provisions shall apply:
10.1. You have a limited right to change your mind and cancel the Contract to receive a refund. The right to cancel can be exercised by you in the case of the supply of Goods from the time the Contract is concluded until the expiry of 14 days beginning with the day after the day you receive the Goods or in the case of provision of Services from the time the Contract is concluded until the expiry of 14 days beginning with the day after the day the Contract was concluded. You should note that where you have agreed that Amazon can start to perform the Services within 14 days of the Contract being formed, you will have lost your right to cancel the Contract in its entirety and you will still be liable to pay for those Services already performed at the time of cancellation
10.2. To cancel the Contract in accordance with this clause 10 you must do so in writing to the contact details set out at clause 3 above. On cancellation you must retain possession of the Goods and ensure they remain in a good condition until returned to us in accordance with clause 10.3
10.3. After cancellation you must send the Goods within 14 days to Amazon. All transport costs in relation to the return of the Goods are to be paid by you whether you return the Goods or arrange for Amazon to collect the Goods, unless the Goods have a defect or are not in accordance with the Contract in which case Amazon will meet the transport and collection or redelivery costs. The costs of collection by Amazon will depend on the number of items to be returned, availability of a delivery vehicle, your location and the complexity of removal
11. Warranties
11.1.The Order Confirmation will specify in each individual case the type of warranty, if any, given to you by Amazon in respect of the Goods and further details in respect of any warranty given. The Order Confirmation will specify whether the Goods have:
(a) A full manufacturer’s warranty (applicable to “new” products).
(b) A fixed term parts & labour warranty (UK Mainland only) (usually applicable to “fully refurbished” products).
(c) No warranty (usually applicable to “economy” refurbished products or products “sold as seen”).
11.2. If you establish to Amazon’s reasonable satisfaction that there is a defect in the materials or workmanship of the Goods manufactured or there is some other failure by Amazon in relation to the conformity of the Goods with the Contract within the warranty period, then provided you have returned the Goods to Amazon together with written notification of such alleged defect within 7 days of the date on which you discover or ought to have discovered the defect then Amazon shall at its option, at its sole discretion and within a reasonable time:
(a) In the case of “new” products:
(i) invoke the manufacturer’s warranty; and
(ii) act as a conduit for all communications between the customer and manufacturer in relation to such warranty
(b) in the case of Goods with a parts and labour warranty either:
| (i) | repair or make good the defect or failure in such Goods free of charge to you (including all costs of transportation of any Goods or materials to and from you for that purpose); or |
| (ii) | replace the defective Goods with Goods which are in all material respects in accordance with the Contract; or |
| (iii) | issue a credit note to you in respect of the whole or part of the Contract price of such Goods as appropriate having taken back such defective Goods or materials |
provided that the liability of Amazon under this warranty shall in no event exceed the purchase price of such Goods and performance of any one of the above options shall constitute an entire discharge of Amazon’s liability under this parts and labour warranty
11.3. We shall not be liable under any of the warranties named above:
| (a) | for any defect arising in the Goods as a consequence of fair wear and tear, wilful damage, negligence, abnormal working conditions, your failure to follow Amazon’s instructions (whether oral or in writing), any misuse or any alteration or repair of the Goods without Amazon’s prior written approval; |
| (b) | if the total price for the Goods has not been paid by the due date for payment; |
| (c) | for any defect or failure in the Goods where such defect or failure has arisen as a consequence of being manufactured in accordance with any design, specification, instruction or recommendation requested by you; |
| (d) | for any type of defect, damage or wear and tear specifically excluded by Amazon by notice in writing to you; |
| (e) | if you make any further use of the Goods after giving notice to Amazon in accordance with Clause 11.2; |
| (f) | for any Goods which have been sold to a third party by you or where you have parted with possession of the Goods; |
| (g) | for any Goods which have been repaired or altered, including any installation of parts or accessories, by a technician without the prior approval of Amazon; |
| (h) | for any damage to the Goods due to natural elements (including but not limited to floods) or resulting from accidents; |
| (i) | for any Goods where any modifications or alterations that have been carried out which have neither been provided for nor authorised by Amazon or which have been carried out without complying with the technical instructions specified by Amazon; |
| (j) | for any Goods which you have failed to maintain in accordance with the operations manual provided to you by Amazon in relation to the Goods and/or the Amazon’s instructions, including the preventative maintenance advice supplied by Amazon, at the intervals specified; |
| (k) | for any Goods which have been vandalised, abused, including overloading, or in circumstances where you have failed to comply with the instructions given in the Operations Manual and/or Amazon’s instruction; or |
| (l) | if you fail to ensure that the Goods are provided with a full service (at your expense) on or around the date six months after the date of delivery of the Goods by a technician approved by Amazon |
For the avoidance of doubt the warranty is personal to you and will not transfer to any subsequent buyer who purchases the Goods or any person who obtains the Goods from you by any other means
| |
11.4 For the avoidance of doubt, the parts and labour warranty does not cover:
| (a) | Amazon providing free of charge routine maintenance, periodic checks and adjustments in respect of the Goods; |
| (b) | the replacement of parts (including consumable items) subject to normal wear and tear taking into account usage of the equipment; |
(c)
| Goods which are Cardio Vascular equipment which are located outside of your main building, including but not limited to in an out-house, summerhouse, or a garage; |
| (d) | Goods which are not delivered and/or installed by Amazon; or |
| (e) | Goods which are expressed to be “economy” or “sold as seen” on the Order Confirmation or where the Order Confirmation does not specify the type of warranty to be given by Amazon in respect of those Goods |
11.5. The warranties set out in this Contract are the only warranties which shall be given by Amazon and all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract
12. Limitation of liability
Goods
12.1. If the Goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity we shall have no liability to you unless you notify us in writing at our contact address (as in clause 3.1) of the problem within 30 working days of the delivery of the Goods in question
12.2. If the Goods we deliver are or become faulty up to one year after the date of delivery of the Goods in question, you may notify us of the problem in writing at our contact address (as in clause 3.1)
12.3. If you notify a problem to us under this clause 12, our only obligation will be, at your option:
(a) to make good any shortage or non-delivery;
(b) to replace or repair any Goods that are damaged or defective; or
(c) to refund to you the amount paid by you for the Goods in question in whatever way we choose
12.4. We shall not be liable for any defect or failure in the Goods where such defect is as a consequence of your failure to follow our oral or written instructions or the manufacturer’s written instructions as to the storage, commissioning, installation, use and maintenance of the Goods nor, if applicable, in any of the circumstances set out in clause 11.3.
12.5. Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this clause 12 and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the Goods in question
12.6. You must observe and comply with all applicable regulations and legislation including obtaining all necessary customs, import or other permits to purchase goods from us
Services
12.7. We aim to carry out the Services with reasonable care and skill. If any part of the Services is performed negligently or in breach of the provisions of these Conditions then, on your request, we will re-perform the relevant part of the Services. We will not be liable to re-perform any part of the Services which we have performed negligently or in breach of this Contract unless you notify us in writing to our contact address within 30 days of our performance of the relevant part of the Services.
12.8. Except in the case of death or personal injury caused by our negligence, our liability under or in connection with this Contract whether arising in contract, tort, negligence, breach of statutory duty or otherwise howsoever shall not exceed the price paid for the Goods and/or Services
12.9. Except to the extent permitted by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any negligence or beach of the Contract on our part and we shall have no liability to pay any money to you by way of compensation other than to refund to you the price you have paid to us
12.10. Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a Consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence or the negligence of our employees, agents or subcontractors
13. Data Protection
We will only use your personal information as set out in our Privacy Policy, a copy of which can be found on our website at: Privacy Policy or are available on request by contacting us on the detail set out in clause 3
General
14. Entire Agreement
14.1. These terms and conditions and the Order Confirmation set out the whole of our agreement relating to the supply of the Goods and the provision of Services to you by Amazon and shall supersede and replace all documents, representations and understandings between you and us previously relating to this subject matter. Nothing said by any salesperson, agent, employee, director or other representative on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading
14.2. Any variation to these Conditions and any representations about the Goods shall have no effect unless expressly agreed in writing and signed by both parties
15. Invalidity
If any part of these terms and conditions is held to be invalid or unenforceable for any reason (including any provision in which we exclude our liability to you) the validity and enforceability of any other parts of these conditions will not be affected
16. Law and jurisdiction
The validity construction and performance of this Contract shall be governed by and be construed in all respects in accordance with English law and all disputes or claims arising out of or relating to this Contract shall be subject to the exclusive jurisdiction of the English courts to which you and we submit
17. Third parties
For the purposes of the Contracts (Rights of Third Parties) Act 1999 and notwithstanding any other provision of this Contract this is not intended to and does not give any person who is not a party to it any right to enforce any of its provisions
18. Waiver
The waiver by either party of any right or remedy under the Contract or by law is only effective if given in writing and shall not prevent the subsequent enforcement of that breach or default and shall not be deemed to be a waiver of any subsequent breach or default of that or any other provision1.