FITNESS EQUIPMENT SUPPLY – TERMS AND CONDITIONS
In these Terms and Conditions (“Conditions”), Stuart Burge Partnerships Ltd trading as Real Time Leisure (RTL) is the Supplier and you are the Customer. Sales (contracts) are made through this website (distance means) or upon receipt of a written Quotation accompanied by these Conditions. These may also include and design and/or installation plans. These may be part of a series of communications such as emails, letters, online forms or other methods. At the point of purchase, either by submitting through the website or by customer purchase order, the customer agrees to these conditions. The Supplier will accept the offer by sending to the Customer an Order Confirmation at which time a binding contract will exist between the parties and the Customer may not amend or cancel the order without the Supplier’s written consent. The Customer acknowledges that it has not relied on any statement, promise or representation made, or given by or on behalf of, the Supplier which is not set out in these Conditions.
Samples, drawings, descriptive matter or advertising disclosed by the Supplier and any descriptions or illustrations of the Goods or Services contained in websites, catalogues or brochures are published for the sole purpose of giving an approximate idea of the Goods and Services described in them. They shall not form part of the Contract or have any contractual relevance or force. These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade custom, practice or course of dealing.
If the Customer re-sells the Goods, it is the Customers responsibility to ensure the ultimate purchaser is fully acquainted with, and accepts these Conditions.
No variation of these Conditions shall be effective unless expressly agreed in writing by RTL’s authorised signatory (the Director).
These Conditions apply to the supply of goods and services, except where application to one or the other is specified.
RTL reserves the right to change these Conditions at any time. The amended Conditions will take effect on the 30th day following the date upon which the amended Conditions are published. The placing of further Orders shall signify the Customers acceptance the latest Conditions and be bound therein.
The price of the Goods and Services are the price set out in the website, Estimate or Quotation or the price stated in any effective Supply Agreement. Quotations and estimates are valid for 30 days. Prices are quoted net of VAT but show the gross price. The Gross price is payable by the customer. With the exception of effective supply agreements, prices are subject to change at any time. Unless otherwise agreed in writing, or the customer has sufficient credit limit, payment detailed in the Quotation or website for the Goods and Services shall be made in full at the time the Order is placed to the Supplier’s bank account. For Customers who have a credit account with a sufficient credit limit, Goods shall be paid for in accordance with their credit account terms. VAT Invoices are issued when the Goods are dispatched.
All products remain the property of RTL until paid for in full. We reserve the right to collect equipment if non payment is made in respect to these terms and conditions.
Interest is payable to RTL on overdue amounts at the rate of 3% per annum above Barclay’s Bank base rate accruing on a daily basis from the due date until the date of actual payment of the overdue amount. The actual payment will include the interest payable unless agreed in writing.
The Customer shall pay all amounts due under the Contract in full without any deduction or withholding except as required by law. The Customer shall not be entitled to assert any credit, set-off or counterclaim against the Supplier in order to justify withholding payment of any such amount in whole or in part.
GOODS AND SERVICES
Orders are accepted for Goods and Services by the Supplier strictly subject to availability and to these Conditions.
Descriptions of Products / Goods / Services
RTL endeavours to ensure that detail in descriptions, images, sizes, weights and measurements are fair and accurate. However, RTL accepts no responsibility or liability for errors or omissions. Colours, packaging and product/goods specification may vary according to manufacturing changes, tolerances, variability and availability. Each product may be sold subject to its product description and its variances, which may occasionally set out additional conditions relating to that specific product such as warranty, price, delivery options etc. All weight indications are Kg dominant and conversions to Lb’s are therefore approximate. RTL accepts no responsibility for any error or omission to the Customer or at all. We reserves the right to discontinue or change the specification and/or the design of a product without prior notice.
Site surveys and other bespoke goods and services
Site surveys may be carried out and designs submitted to the customer as part of a quotation or estimate. RTL do not accept any liability to inaccuracy nor to recommendations that may contradict structural aspects such as subflooring, wall structures etc. With respect to any Order for customised, bespoke or special order Goods, the Customer may not amend or cancel an Order once accepted (including positioning of equipment where installation is involved). RTL accepts no liability for costs, expenses damages suffered or incurred by the Customer or any sub-contractor, agent or third party arising out of any delays caused by inaccuracies of whatever nature in the Customers Order or if the Contract involves installation and the Customers installation area is not appropriate for safe or suitable installation for whatever reason. If delays are incurred from unsuitable installation area(s) the installation shall be delayed until such a time that is agreed by both parties. The Customer shall be liable to the Supplier for all costs and expenses incurred by the delay. The normal fee for ‘Downtime’ is charged at £150 per man per day with an 8 hour day. The customer shall fully reimburse RTL for all travel, accommodation and other relevant expenses incurred where relevant. RTL reserves the right to amend the Specification of goods or services if required so to do by the manufacturer or any applicable statutory or regulatory body. 4.5
Free Delivery Offers
From time to time we may include a free delivery offer. This is to mainland GB addresses by either a parcel courier or a pallet courier and will exclude express, 2 man and installation which is still available at an additional cost. Free delivery offers are subject the these terms and conditions
We strive to keep our prices up to date and firmly competitive. However, if you find the same product elsewhere at a cheaper price we will try to price match it. For this to be achieved, the alternative product(s) must be ‘like for like’ with regards to specification & colour, carry a comparable guarantee/warranty, be brand new and be in stock at the time of purchase for RTL to Price Match. We reserve the right to exclude/deny price match on products at any time due to competitors promotions or any other influencing factor.
Occasionally we may advertise a discount code. These may be specific to one product or apply to may. We will always specify any relevant inclusions and/or exclusions. Vouchers are restricted to only one per order and are not valid on previous purchases or returns. The do not apply to co cash back and are only valid only while supplies last. Offers may be modified or terminated at any time without notice.
All our products are suitable for commercial use and warranties are applied as such. Commercial warranties do not apply if any product is purchased for domestic use.
Mail Order Returns / Ex-Display items may be partially or fully boxed/assembled and due to the nature of definition, may have some sort of cosmetic damage. All goods will have been tested and will be in full working order and covered by a 6 month parts only warranty. We will endeavor to detail any defects in product description.
If we sell products that are for home use, these will carry a home use warranty only and should never be used in any commercial environment. Equipment purchased and used in a non domestic environment will render the warranty null and void.
RTL will not accept any liability towards equipment use in any environment.
Bolting down framed equipment is recommended and choosing not to is at the customers own risk.
Our ‘Normal Price’ or’ List Price’ is usually the Manufacturer’s or Supplier’s Recommended Retail Price (including VAT). Discounts are applied at RTL’s discretion and are communicated through the website and/or other literature such as quotations or estimates.
RTL’s suppliers strive to keep products in stock at all times. However, and out with our control, occasionally items are out of stock. If you order an item that is out of stock, we will contact you within 48 hours and advise you when the item is due back in or of any comparable product that is available. Subsequently, delivery times vary from product to product. It is recommended the customer contacts us to ascertain the current lead time. Lead times are always discussed openly. Please contact us for details by calling 01414164000, emailing firstname.lastname@example.org or submitting a form at https://realtimeleisure.com/contact-us
The costs for delivery may not be shown in the website. It is recommended the customer contacts RTL on by calling 01414164000, emailing email@example.com or submitting a form at https://realtimeleisure.com/contact-us to ascertain the delivery costs for their item(s). The costs for delivery are shown in quotations/estimates and will be calculated per the type, weight and quantities of equipment. Normally, and unless otherwise agreed in writing, an order will be arranged to arrive anytime between 09:00 and 17:30 GMT Monday to Friday. All deliveries and lead times are subject to change at any time.
RTL accepts no liability to delays in deliveries out with their control.
Delivery lead-times vary according to the item ordered and occasionally, location of the destination. Unless otherwise stated, allow up to 28 days for delivery. Some items/products may be subject to longer lead-times depending on their stock holding in the UK or if they are made to order. You will be advised on lead times or of any delays in dispatch of your Product/Goods by your customer services representative. All agreed delivery dates are submitted to the customer prior to delivery. Customers can enquire about their order at any time by calling 01414164000, emailing firstname.lastname@example.org or submitting a form at https://realtimeleisure.com/contact-us
We deliver to all postal areas in the UK, including England, Wales, Scotland. We do not deliver to the Republic of Ireland or export goods outside of the UK. Delivery to some destinations such as the highlands, islands or remote areas of the UK may take longer delivery times. Additional carriage charges to these areas may apply also. For further information please call our Customer Services Representatives. All costs are agreed in writing.
We deliver Monday to Friday 09:00 – 17:30 GMT. If we deliver and the recipient is not available, we may leave a card confirming that we have tried to deliver andcontaining futner action details. You my be able to speak to the courier directly and agree a convenient delivery time or you may arrange to collect the order directly from their depot. If the delivery is ultimately unsuccessful, the delivery will be returned to our warehouse and you will be charged for the delivery. You will also be charged additionally for any further delivery.
Due to the size of some of the delivery vehicles RTL or any carriers delivering on our behalf must be informed of any restrictions regarding access for the delivery vehicles. This includes but is not limited to steps, overhanging vegetation, driveways, ornaments, narrow lanes or any other restriction which may make it difficult for the delivery vehicle to gain access to the point of delivery. RTL will not accept any claims for compensation for non/failed/refused deliveries where we were not notified of restricted access. In the event that the item is refused, and the order is subsequently returned you are responsible for all outward and returned carriage costs and a 10% restocking fee will apply.
For security reasons RTL cannot deliver to a BFPO address. We reserve the right not to deliver orders if we believe the address is not secure. If this affects your order we will notify you as soon as possible.
Damages / Shortages
All deliveries are made with an itemised Delivery Note. Installations are signed off by the Customers relevant staff member. RTL must be notified by the customer of any damage or shortage within 48 hours of receipt of delivery. Contact can be made through email email@example.com, calling 0141 416 4000, or through the online form – https://realtimeleisure.com/contact-us/. If calling, then we must have notification in writing within 48 hours of the receipt of delivery. RTL reserves the right to repair or replace any damaged items, or issue a refund. Do not attempt to return any product/goods without following terms and conditions outlined by the company at the time.
The customer must care to check the delivery details of the products being presented to you by the courier as upon signing for a delivery the customer is accepting that the correct number of parcels have arrived, are correct, and are un-damaged. We do not accept deliveries being signed off as ‘unchecked’ in any way. If parcels are damaged or items are missing the Customer should either; refuse the delivery completely or, sign for the parcels as being ‘damaged’. If the numbers in parcels do not match the delivery note then deliveries should be signed as being ‘Short delivery’.
All new equipment sold is covered by a minimum one year parts warranty (excluding consumable parts). We may include labour in the warranty but will have been agreed in writing via proposal document and then at the point of purchase. In many cases the warranty is greater than this as the warranty on equipment we sell varies from manufacturer to manufacturer. Examples of supplier warranties can include on site repair or a ‘back to base’ warranty. In some cases where the faults is easily remedied, the manufacturer will send a part by mail for the customer to fit themselves. warranty excludes consumable parts and damage caused by accident, or misuse). Manufacturers reserve the right to cancel warranties (on certain types of electronic equipment) if equipment is used in a non standard environment, this may include external buildings such as Sheds and Garages, poolside areas, areas where the ambient temperature and humidity varies significantly from a standard environment. Please see our other warranty exclusion listed below:
Damage resulting from misuse including but not limited to;
• dropping equipment (e.g. dumbbells, barbells, kettlebells, medicine balls) onto any flooring
• throwing products that are not designed for this purpose
• slamming any products that are not designed for this purpose
• storage of other manufactures products on racks/storage products
• storage of equipment on other manufacturers racks/storage products
• Any other misuse
• Normal, expected wear and tear
• Neglect of any products
• Damage resulting from products being used on the wrong type/standard/depth/substructure of flooring
• Chipping/scratching/rust through normal use
• Issues with caps, stickers, badges, inserts or any colour changes over time
• Damage due to inappropriate environmental factors such as atmosphere humidity, temperature and or sunlight
• Incurred costs associated with product lead times
• Any carriage/logistics costs relating to a claim
How to claim
A warranty claim should be reported to RTL by calling 0141416600, emailing firstname.lastname@example.org or use the form found at https://realtimeleisure.com/contact-us/. Please be ready to state the equipment you have, (brand and model number), serial number and a brief description of the fault. Proof of purchase may be required. We may require photographs of the equipment and the area in which the equipment is used. We may also require the equipment to be returned to us for inspection.
If the equipment is under warranty and deemed to have experienced one or more manufacturers faults after examination of all the factors including the equipment usage in relation to the warranty exclusions, then the equipment will be repaired or replaced as required. We will either arrange to send a part for the customer to fit if this is practical and simply applied or affixed by a reasonable person. We may send an engineer to site if labour is included in the warranty. If not then this will be chargeable if the customer decides to use our engineering resources. Any replacement equipment will have the same warranty start date as the original equipment and may be subject to delivery lead times. Goods being returned for inspection must be well packaged prior to collection. No goods will be accepted without prior authorisation. We will then repair or replace the equipment with an equivalent or better model and deliver the goods back to the customer.
Our warranties apply to UK mainland use only. We may extend this to cover out with UK mainland. Any warranties agreed out with the UK mainland will be agreed in writing. In cases of ‘back to base’ agreements, the customer will have to cover the cost of shipping to and from ‘base’ for goods purchased for out with UK mainland. Please contact us prior to purchase if you intend to purchase for outside the UK mainland.
All extended warranties are subject to the same terms and conditions as the original manufacturer warranty. Extended warranties or upgraded warranties offer upgrades to manufacturer’s warranties in warranty term and/or in extent of cover, such as labour and/or some consumable parts cover. Any extended warranty will be agreed in writing prior to purchase and unless otherwise agreed, are chargeable. Please contact us for more information.
Standard Consumable Parts (CV Equipment)
Running bed, belt bed springs/shock absorbers, motor cowling, decal/transfers, signage, foam or rubber grips, rollers, running belt, side rail
Pedals ,straps, seats, plastic cowling, decal transfers, foam or rubber grips
Climbers and Power Tower
Pedals, plastic cowling, decal transfers, foam or rubber grips
Cross Trainers and Swim Erg
Foot pedal, plastic cowling, decal transfers, foam or rubber grips, board, drive handles and chords
Foot straps, seat, handle, decal transfers, foam or rubber grips
Indoor Studio Bikes
Pedals, straps, seats, plastic cowling, decal transfers, foam or rubber grip
Consumable Parts (Resistance Equipment)
Cables, chains, belts, upholstery, spring load adjustment pins, pulley wheels, pulley wheel bearings and all springs.
All loose weights and fixed barbell and dumbbells are classed as consumable items for the terms of the warranty.
We take our service levels seriously and offer our customers the best possible service available. However if you feel you have something to complain about please contact us by calling 01414164000, emailing email@example.com or submitting a form at https://realtimeleisure.com/contact-us
All prices quoted are correct at time of going to press, due to circumstances beyond our control these may change at any time, including rate of Value Added Tax. The price applied will be confirmed at the time of ordering. Incorrect/Faulty goods must be returned to us before replacements will be dispatched.
Our suppliers strive to keep products in stock at all times. However, and out with our control, occasionally items are out of stock. If you order an item that is out of stock, we will contact you within 48 hours (2 working days) and advise you when the item is due back in or of any comparable product that is available.
Lead times are always discussed openly. Please contact us for details.
Refunds will be made writing 14 days of the receipt of goods and in the original payment method. All refunds must be authorised by RTL.
YOUR STATUTORY RIGHT TO CANCLE
Please note that you are entitled to cancle provided that you do so before the goods have been despatched. If your order has already been despatched, you will need to follow the returns process.
Cancellations are only valid if they are within compliance to the Consumer Protection Regulations 2000. These must be made in writing (email – firstname.lastname@example.org, through the contact form https://realtimeleisure.com/contact-us/) to RTL
You must provide the following details:
• Customer name and delivery address
• Order number
• Date of the order
On occasions, due to our processing methods, we may have despatched your order to you at the time of your cancellation. In this case, please see the returns process.
Under the terms of the aforementioned Regulations customers have the right to cancel any service (purchased using distance means) we offer and seek a full refund within 14 days beginning the day after the contract is concluded. However, by you agreeing that we commence carrying out a service before this cancellation period has expired, you will not be able to cancel this contract of service under the regulations once the performance of the installation service has been initiated. Your purchase of these We will ask you to sign a form to this effect immediately prior to installation. Please note this does not negate your rights to have any incomplete or faulty workmanship corrected by us. Consequently you will not be eligible for any refund in relation to any specific charges we have made for the installation of these goods.
All order cancellations or returns must be notified to us by e-mail or by writing to our head office only. If you wish to cancel or return goods please e-mail our Customer Service Department at the address below and we will issue a Return Materials Authorisation (RMA). Goods must be returned to us within 7 days of receipt of RMA.
Under Consumer Contracts (Information, Cancellation and Additional Charges) Regulations, you have the right to cancel most products purchased from us using distance means (if bought through the website) and receive a full refund within 14 days of delivery back to us (where applicable). We must be notified of intention to cancel in writing or email and the cost to return the goods will be the responsibility of the customer. We also reserve the right to make a deduction from refunding the full purchase price if we believe (on examination of the returned goods) that they exhibit use (including any attempts at assembly/disassembly). The amount of deduction will be based on the extent of the diminished goods value. Please note any items that are clearly personalised or made specifically to the consumers specifications are exempt from these regulations.
RTL must be notified of any returns before the customer returns any item/product. The customer must obtain a ‘returns number’ by emailing email@example.com or requesting one through the form found at https://realtimeleisure.com/contact-us/. RTL will advise on the method of return within 14 days in a new and unused condition and with original labels and original packaging intact. The items must be free from use or damage. RTL cannot be held responsible for goods lost or damaged in transit. The customer agrees to pay all delivery charges in respect to refunds. Exchanged goods may also attract carriage charges to be borne by the customer. Please note this does not affect your Statutory Rights.
If you refuse delivery of a shipment without authorisation and the goods are returned, your purchase will be refunded less any shipping and handling costs incurred.
Waste Electrical and Electronic Equipment
RTL aim to comply with WEEE regulations designed to address the Environmental impact of Electrical and Electronic equipment when it reaches the end of its life. As a distributor we are committed to reducing the amount of waste that goes into land fill.
We and our suppliers have an active recycling policy for Cardboard, Wood, Plastics, Polystyrene, and Metal
EXCLUSIONS OF LIABILITY
RTL use reasonable efforts and endeavours to maintain the accuracy of any information we place on the website, brochures, quotations or any other literature. However, we make no warranties, whether express or implied in relation to its accuracy.
We endeavour to ensure that product and goods descriptions, images, sizes, weights and measurements within the contents of our literature are fair and accurate. We reserve the right however, without any prior notice to discontinue, change specification and designs, without incurring any obligations to the user or customer. Colours, packaging and product/goods specification may vary according to manufacturing changes, tolerances, variability and availability. RTL accepts no responsibility or liability for errors or omissions in any of these in any literature.
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 any other literature we may produce or submit) 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, 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 site, 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 or in any way connected with (i) any performance or non-performance by us of any obligation assumed by us under our site, these terms and conditions or otherwise; or (ii) any liability not excluded by these terms and conditions, shall in respect of any one or more events or series of events (whether connected or unconnected) taking place within any 12 month period 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. 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.
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.
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 RTL Website. Whilst our website, brochures and literature strives to inform, they 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.
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;
* 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.
Nothing in these terms and conditions affect your statutory rights.