Terms & Conditions
Prices
1.1 All consumer prices include VAT @ 15.0%. Full payment is required prior to delivery. Prices for all commercial equipment are quoted excluding VAT. Again full payment is required before delivery.
Price Promise
2.1 Newbody Fitness endeavours to offer the highest quality products at the most competitive prices. If within seven days of purchasing a product from Newbody Fitness, you discover the list price for the exact same product cheaper elsewhere, we will refund you the difference plus £10 where the product is priced at £200 or more elsewhere.
Information
3.1 Whilst Newbody Fitness attempts to ensure that the information available on this website is accurate at all times, we cannot guarantee that it is fault free.
3.2 Newbody Fitness does not accept liability for any errors and omissions and reserves the right to change information and details of the products available on this site and the conditions relating thereto.
Ordering
4.1 The products listed on this website shall be deemed to constitute an invitation to treat.
4.2 Orders placed are subject to acceptance by Newbody Fitness, and no contract will come into effect until we send you confirmatory acceptance of your order.
Cancellations
5.1 Cancellations will only be considered at the discretion of a Director of Newbody Fitness Limited
5.2 Regarding orders that are placed on-line or by e-mail, phone, fax or post ("Distance Sale"), the consumer has 7 days from delivery to cancel the order and the customer will be liable for any carriage charge sustained by Newbody Fitness in connection with the return of goods, which must be returned unused, in the original packing. Proof of charges sustained by Newbody Fitness will be supplied on request.
5.3 In the event of cancellation by a Distance Sale consumer all money paid less delivery & collection costs will be returned or credited within 30 days of the later of receipt of notice of cancellation and the return of any purchased items. If the consumer does not return the goods then Newbody Fitness will be entitled to deduct the cost of recovering the goods from the money received.
5.4 No refund will be granted for any goods that have been used or damaged by the customer.
Returns
6.1 In the case of damaged or faulty products please contact Newbody Fitness immediately. All faults, damaged goods or discrepancies must be notified to Newbody Fitness within 48 hours of receipt. We will arrange for an engineer to call you to arrange an engineer visit to repair the fault. Newbody Fitness reserves the right to repair a faulty product at any time within the guarantee period, according to the terms of the guarantee for that item. Faulty goods will only be exchanged at the discretion of the manufacturer. Faulty products cannot be returned without the prior authorisation of Newbody Fitness. Authorised returns will only be accepted in the original packaging. Unauthorised returns will be refused. If the box or packaging is damaged on receipt the customer is advised to indicate this on the delivery note before signing.
Length of Time to Delivery
7.1 Most "in-stock" products, delivered by our standard delivery service arrive within ten working days, but please allow up to twenty-one working days. For out of stock and imported items an estimate of the delivery date will be provided.
7.2 Where a customer requests delivery on a specific date Newbody Fitness will not be held liable for any claim for compensation whatsoever, arising from failure to deliver on this date.
Delivery Information
8.1 Delivery means the transportation of goods to your front door; for assembly, installation and instruction there is an added cost. Please ask your sales contact at the time of ordering for pricing and specific times of deliveries.
8.2 Delivery charges are additional and are not included in the cost of product. Customers will be charged delivery costs on all items that are not collected from the leamington Spa store.
Specific Time Deliveries
9.1 We cannot give a specific time of delivery within our standard delivery service by carrier. However deliveries before 9am, 10am, 12am and Saturday morning can be arranged at an additional cost or premium. Please ask your sales contact at the time of ordering for pricing of specific time deliveries.
Signature Upon Delivery
10.1 Upon delivery of goods, a signature will be required from the customer. This signature will be the proof of delivery should any dispute arise.
Delivery, Assembly and Installation by the Manufacturer
11.1 This is an additional service at an additional charge which will vary depending on the equipment. Newbody Fitness will arrange for the manufacturer to contact the customer to arrange the installation appointment. The installer will try to install the equipment where the customer wants it, but due to the size and weight of some items, this is not always possible. Newbody Fitness will not be held liable if equipment cannot be delivered or installed and it is the customer’s responsibility to ensure that there is sufficient access. Additional delivery & installation costs will be charged to the customer for additional delivery visits or for additional delivery costs, such as additional staff or lifting equipment.
11.2 At the time of placing the order the customer should make Newbody Fitness aware of special delivery requirements or difficult access (eg. upstairs installation). Unusual and difficult installations may be subject to a surcharge, particularly if this information is not divulged at the time of the order. The customer is responsible for providing adequate access and parking facilities.
Delivery, Assembly and Installation by Newbody Fitness Own Vehicle and Engineers
12.1 This is an additional service at an additional charge which will vary depending on the equipment. Newbody Fitness will contact you to arrange the installation appointment and we will always try to arrive at the arranged time, but cannot be held responsible for late arrival due to unforeseen circumstances. We will try to install the equipment where the customer wants it, but due to the size and weight of some items this is not always possible. Newbody Fitness will not be held liable if equipment cannot be installed. The customer may be charged additional costs, as detailed in 11.1
12.2 At the time of placing the order the customer should make Newbody Fitness aware of special delivery requirements or difficult access (eg. upstairs installation). Unusual and difficult installations may be subject to a surcharge, particularly if this information is not divulged at the time of the order. The customer is responsible for providing adequate access and parking facilities.
Liability
13.1 Newbody Fitness makes no representation and excludes any warranty express or implied as to the availability of any product or service listed on the website or in a brochure. Newbody Fitness does not accept any liability for any losses or claims arising from any inability to access the website, any failure to complete a transaction or any corruption that may occur to any system arising from a connection to the website.
13.2 Newbody Fitness does not accept liability for any indirect or consequential loss of any kind in contract, tort or otherwise arising out of the use of the website or for any of the products or services purchased from Newbody Fitness or relating to the installation of any equipment and would only be liable for direct loss (save in the case of death or personal injury in respect of which there is no limit) up to a maximum total of the price of the product purchased in respect of any claim.
13.3 Where the products or services are sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976) your statutory rights are not affected by these terms and conditions.
13.4. Any contract concluded with Newbody Fitness shall be governed exclusively by English law and the parties agree to submit to the exclusive jurisdiction of the English courts.
Product Availability
14.1 Not all Newbody Fitness products are listed on the website. If there is anything you are looking for that you cannot find on our site, then please do not hesitate to contact us by filling out the enquiry form, and we will get back to you as soon as possible.
14.2 Newbody Fitness cannot guarantee that all items are in stock at the time of ordering. However if there is a delay beyond our standard delivery time a Newbody Fitness representative will contact you to advise you and/or make alternative arrangements.