Terms of FitMax

 

Terms and Conditions A.R.S EXPORT LTD

 

Please read all these terms and conditions.

As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and that you are not happy with.

 

Application

 

1. These Terms and Conditions will apply to the purchase of the goods by you (the Customer or the counterparty or you). We are A.R.S EXPORT LTD a company registered in England and Wales under number 11166876 whose registered office is at 6 Woodman Parade, Woodman Street, London, England, E16 2LL. (the Supplier or us or we).
2. These are the terms on which we sell all Good to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions. Before placing an order on the Website, you will be asked to agree to these Terms and Conditions by clicking on the button marked ‘I Accept’. If you do not click on the button, you will not be able to complete your Order. You can only purchase the Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.

 

Interpretation

 

1. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
2. Contract means the legally-binding agreement between you and us for the supply of the Goods;
3. Delivery Location means the Supplier’s premises or other location where the Goods are to be supplied, as set out in the Order;
4. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
5. Goods means the goods advertised on the Website that we supply to you of the number and description as set out in the Order;
6. Order means the Customer’s order for the Goods from the Supplier as submitted following the step by step precess set out on the Website;
7. Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;
8. Website means our website www.fit4you.co.uk on which the Goods are advertised.

 

Goods

 

1. The description of the Goods is as set out in the Website, catalogues brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied.
2. In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
3. All Goods which appear on the Website are subject to availability.
4. We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.

 

Personal information and Registration

 

1. When registering to use the Website you must set up a username and password. You remain responsible for all actions taken under the chosen username and password and undertake not to disclose your username and password to anyone else and keep them secret.
2. We retain and use all information strictly under the Privacy Policy.
3. We may contact you by using e-mail or other electronic communication methods and pre-paid post and you expressly agree to this.

 

Basis of Sale

 

1. The description of the Goods in our website does not constitute offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
2. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
3. A Contract will be formed for the sale of Goods ordered only when you receive an e-mail from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an e-mail with all information in it (ie the order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of Goods supplied under the Contract.
4. Any quotation is valid for a maximum period of 30 days from its date, unless we expressly withdraw it at an earlier time.
5. No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
6. We intend that these Terms and Conditions apply only to the Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you which might, in some respects, be better for you, eg by giving you rights as a business.

 

Price and Payment

 

1. All prices are stated in British pounds or Euros and are exclusive of VAT and shipping costs unless stated differently in the offer or the Contract.
2. The Supplier has the right to charge the other party for any cost price raising factors, including but not limited to levy’s, taxes and surcharges.
3. All sales are subject to pre-payment unless stated differently in the offer or the Contract.
4. If an invoice has not been paid within the established payment term, the other party, without reminders to recalcitrant or a formal notice, is in neglect. At that point all the vacant invoices of the Supplier will become directly and fully claimable.
5. If the invoice is not paid on time the Customer is indebted to pay interest on overdue payments at the rate of 2% per month.
6. Incase it is necessary for the Supplier to collect a payment through a debt collection agency all the costs, including but not limited to administration costs, judicial and out-of-court costs, costs of petition for compulsory liquidation, will be charged to the Customer. The out-of-court costs will amount to a total of at least 15% of the unpaid amount with an absolute minimum of 200 Euros or 200 British pounds.
7. Incase the Customer does not fully comply to every detail of their Contract with the Supplier or incase the Supplier has reasonable doubts concerning the payment capability of the Customer, the Supplier is authorised to put a hold on the delivery of goods until the Customer has given sufficient certainty that the outstanding debt and payments will be met.
8. The payment commitment of the Customer can not be suspended by the Customer due to damages to the delivered goods and/or consequential damages.

 

Delivery

 

1. Delivery is always done ex-warehouse in Gdynia, Poland.
2. The agreed delivery time does not count as a fatal term unless specifically agreed upon differently in writing.
3. Due to the nature of the goods delivered by us the risks are completely transferred to you upon delivery.
4. Incase you are negligent in providing information and/or instructions that are essential for delivery, we are authorised to store the goods at the risk and cost of you and charge you for all costs that this matter brings with it.
5. We do generally deliver to addresses inside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands and Europe. If, however, we accept an Order for delivery outside that areas, the Customer may need to pay import duties or other taxes, as we will not pay them.
6. The transport of sold goods is at all time done at the risk and cost of you, this also counts if we, at the request of you, provide for and pay for transport of the goods.
7. The Customer agrees we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
8. If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable cost of storing and redelivering them.
9. The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.

 

Risk and Title

 

1. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
2. You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.

 

Ownership retention

 

1. Delivery takes place under ownership retention. Ownership of the goods shall pass to the buyer only upon full payment of the price thereof and of any other amounts due and owning to us with respect to the goods, their purchase or their transportation.
2. When you do not meet the payment deadline or when there is sufficient reason to believe that you are not going to meet the payment deadline or will not pay at all, we are authorised to take back all goods delivered by us which according to the ‘Price and Payment’ section are still rightfully owned by us. You will give there unconditional and full cooperation at first notice from us whenever this matter occurs.

 

Force Majeure.

 

1. Force Majeure is recognised as Force Majeure as stated by the national law of England and Wales.
2. If by Force Majeure the delivery is delayed by more than two months, both A.R.S EXPORT LTD and the Customer are empowered to dissolve the agreement.

 

Withdrawal, returns and cancellation

 

1. You can withdraw the order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
2. This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Right, however, do not apply, to a contract for the following goods (with no other) in the following circumstances:
   a. goods that are made to your specifications or are clearly personalised;
   b. goods which are liable to deteriorate or expire rapidly.
3. Also, the Cancellation Rights for a Contract cease to be available in the following circumstances:
   a. in the case of a contract for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, if they become unsealed after delivery;
   b. in the case of any sales contract, if the goods become mixed inseparably (according to their nature) with other items after delivery.

 

Right to cancel

1. To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (eg a letter sent by post, fax or e-mail). You can use the attached model cancellation form, but it is not obligatory. In any event, you must be able to show clear evidence of when the cancellation was made, so you may decide to use the model cancellation form.

If you wish to cancel a contract pursuant to this clause, then please see our Returns Policy for further details of how.

 

Returning Goods

 

1. If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods without delay and in any event not later 14 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the Goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Goods.
2. For the purposes of these Cancellation Rights, these words have the following meanings:
   a. distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;
   b. sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.

 

Conformity

1. We have a legal duty to supply the Goods in conformity with the Contractor, and will not have conformed if it does not meet the following obligation.
   a. be of satisfactory quality;
   b. Be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
   c. conform to their description.
2. It is not a failure to conform if the failure has its origin in your materials.

 

Successors and our sub-contractors

 

1. Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it choose to help perform its duties.

 

Circumstances beyond the control of either party

 

1. In the event of any failure by a party because of something beyond its reasonable control:
   a. the party will advise the other party as soon as reasonably participle; and
   b. the party’s obligations will be suspended so far as is reasonable, provided that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery and any right to control, below.

 

Privacy

 

1. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
2. These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy policy and cookies policy (https://www.fit4you.co.uk/privacy-policy).
3. For the purposes of these Terms and Conditions:
   a. ‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR.
   b. ‘GDPR’ means the General data Protection Regulation (EU) 2016/679.
   c. ‘Data Controller’, ‘ Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.
4. We are a Data Controller of the Personal Data we Process in providing Goods to you.
5. Where you supply Personal data to us so we can provide Goods to you, and we Process that Personal Data in the course of Providing the Goods to you, we will comply with our obligations imposed by the Data Protection laws:
   a. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
   b. we will only Process Personal Data for the purposes identified;
   c. we will respect your rights in relation to your Personal Data; and
   d. we will implement technical and organisational measures to ensure your Personal Data is secure.
6. For any enquiries or complaints regarding data privacy, you can contact our Data Protection Officer at the following e-mail address: This email address is being protected from spambots. You need JavaScript enabled to view it..

 

Liability

 

1. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to the Customer’s business, trade, craft or profession which would not be suffered by a Consumer - because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.
2. the Supplier is not liable for any damages suffered by the Customer, save for when the Customer can demonstrate deliberate intent or serious misconduct on the side of the Supplier.
3. The Supplier is on no account liable for any consequential damages suffered by the Customer.
4. Any liability for damages is explicitly limited to the amount paid by the insurance company in the relevant case.
5. When for whatever reason the insurance company does not pay claim, liability for damages is explicitly limited to the price listed on the invoice.
6. The Supplier is not liable for the labelling of the products. The customer is liable for the correct labelling of the products.
7. The Supplier distributes products that comply to the demands set by the national law of England and Wales for trading in England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands.
8. The Customer needs to be aware of the legislation in his or her country concerning the products they wish to buy from the Supplier. The customer needs to see to it that he or she only buys products from the Supplier that comply to the national law of the country the products are exported to. the Supplier is not liable for a possible confiscation of the ordered goods.

 

Governing law, jurisdiction and complaints

 

1. The Contract (including any non-contractual matters) is covering by the law of England and Wales.
2. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
3. We try to avoid any dispute, so we deal with complaints in the following way:
   
   If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within 5 days. Both private customers and professional customers need to thoroughly check the delivered goods for any defects within 5 days of delivery.
4. Due to the nature of the delivered goods all complaints by a professional customer need to take place within 5 days of finding a defect and must be made in writing to the Supplier. The professional customer can not appeal to non-conformity after this time limit.
5. In the case of a private customer the time limit for lodging a complaint is the time set by the law of England and Wales.

 

(Consequences of) Dissolution.

1. The Supplier is entitled to dissolve the agreement without any legal intervention in case the Customer is declared bankrupt, files for suspension of payment, is admitted to a statutory debt arrangement scheme or otherwise loses the decision power over his or her capital or parts of it.
2. The Customer is not entitled to dissolve the agreement between the Supplier and the Customer.
3. Due to the dissolution of the agreement, accounts receivable on both sides become claimable immediately. The Customer is legally liable for any damages suffered by the Supplier, including but not limited to loss of profit and transport costs.

 

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Complaints

If you are not satisfied with the way in which we have handled the return, replacement or repair of any item, we apologise. We want to resolve the matter. 

Please contact our customer service representatives on +44 (0) 7405 381263, via your account, e-mail This email address is being protected from spambots. You need JavaScript enabled to view it. or by post at A.R.S EXPORT LTD, Flat 2, 35 Bryson Road, Edinburgh, EH11 1DY, SCOTLAND.