UK MANUFACTURERS AND STOCKIST OF GYM DUMBBELLS & WEIGHTS

Terms & Conditions

General Terms and Conditions of Sale

 

DEFINITIONS

In this document the following words shall have the following meanings:

 

1 "Terms and Conditions" means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.

 

 2 GENERAL

These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer. All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason. Placing an order online, verbally, email or in writing shall be deemed conclusive evidence of the Buyer's acceptance of these Terms and Conditions. Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Seller.

 

3 PRICE AND PAYMENT. The price of the Goods shall be that stipulated in the Seller's current List Price/on the Seller's website/as contained in the Seller's Quotation (as applicable) at the date of order or as agreed between the parties. Payment of the total purchase price (including delivery charges) must be made in full before dispatch of the Goods. If the seller should make a mistake in the advertised price, (or delivery costs) of any item the seller shall give the buyer the option to proceed with the new stated costs or cancel the order.  In all cases, if for any reason a Buyer is in debt to the seller this will be settled by the Buyer within 1 month.  Invoices/debts not settled within this timeframe will be liable for/charged interest at 5% above base.

 

4 DELIVERY: Delivery of the Goods shall be made by the Seller notifying the Buyer that the Goods are available for collection at the Seller's premises or for delivery to such place and on such terms as agreed between the Seller and the Buyer at the time the order is placed. All Goods, wherever possible, will be delivered within 1 working day of the order being placed, (orders before 10.a.m).  In all cases goods should be delivered within 5 working days and if for any reason this is not possible the seller will advise the buyer to this effect. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.  This includes the offload of transport by means deemed necessary by the buyer and the agreement of the courier. The Seller shall use its reasonable endeavours to meet any date stated for delivery. ‘Next day’ delivery if only available on small items/individual orders. Any orders of multiple ,(or bulky) items will require picking and may or may not require palletising. The seller should expect orders of this nature to be delivered within 5 working days. Orders for items outside mainland England will usually take longer than one working day. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date. Some Goods may not be in stock at the time the order is placed. In the event that the Seller is unable to deliver the Goods within the time specified, the Seller will contact the Buyer to advise of the situation and the Buyer shall be entitled to cancel the order and receive a full refund or agree a later delivery date. Items advertised as not in stock or on back order will be delivered within one working week of being restocked. Items on Back order will require their own shipping costs and will not be subject the usual sellers shipping discounts. Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods. Where a delivery is not met redelivery will be charged at seller’s discretion. Buyer will be liable for any additional shipping costs where an item is returned to the seller. Where advertised the seller will make every effort to honour a Next Day delivery but delivery is in no way guaranteed. Where a next day delivery is not met the seller will not refund in whole or in part any delivery costs.  Items advertised with free delivery only applies to a delivery address within mainland England.  Other delivery addresses will be subject to a surcharge which will be advised by the seller at time of sale/quotation.

 

5 WARRANTY

The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller, (models occasionally vary cosmetically from those illustrated, i.e. brackets, mounts, colours, markings, knurling).  Unless otherwise stated the period of warranty shall be for a period of 12 months for defects in manufacture or materials.  If the buyer believes that an item is faulty then the item should be returned to the seller for inspection/testing.  The Seller upon receipt of the item will inspect the item and advise the Buyer within 14 days as to the nature of the fault and if this is covered by the warranty.  Where a defect is found the Seller will either repair/replace the item or offer a refund, (or partial refund in the case of a set).  The decision as to whether to offer repair replacement or refund/partial refund is entirely at the Sellers discretion.  In case of repair, the Seller will endeavour to render the item as cosmetically similar to the original item as reasonably possible but blemishes, imperfections or the repair itself may be visible.   Partial refunds will be calculated entirely by the Seller based on set prices and is not open to discussion.  In the case where an exact replacement is not available the seller may elect to replace the item with a similar item of equal or greater value, (which may not be an exact match to a Buyers set).  In some cases the seller may elect to provide the Buyer with a replacement part/item directly by sending the part to the Buyer prior to receipt of the defective item.  In which case the Buyer will be liable for the cost of the Replacement until the defective item is returned and found to be defective by the Seller.  The Seller will issue an invoice to this effect to be settled within 1 month.  Interest on non-payment will be charged at 5% above base.  Upon receipt of the defective part and confirmation that the part is indeed defective the Seller will Credit the Buyer the invoice value to nullify the raised invoice.  The Buyer shall meet the costs for transport of any returned goods and insurance.  The Seller will meet the costs of transport for sending out any replacement parts/goods.  The seller will remain in no way liable for any labour, repair, inspection, servicing, diagnostics, shipping or transportation costs incurred by the purchaser. The buyer may ask the seller to undertake a diagnosis or repair at the Sellers cost if the Seller believes there is a warranty fault and this is a favourable solution to the Seller.  If the seller agrees to the repair of a non faulty item all services will be chargeable at the current standard workshop rate.  The Seller will at no point be liable for any losses, liquidated damages,  downtime or reduced taking/earnings of the Buyer due to any warranty fault.

The Buyer will regularly service/inspect their item at their expense once purchased. This should include documented inspection detailing any damage or fault. A Buyer should, upon identifying a fault immediately contact the Seller and if this causes a safety concern take the item out of use.  In a commercial environment, the Buyer is responsible to provide liability insurance for all users or persons that may come into contact with the product to cover possible injury / accident claims.  If a fault is deemed to be due to the negligent maintenance of an item, abuse, impact or subjection to heat/fluids then the Buyer will be responsible for any repair costs to remedy such fault, (or the cost of replacing the item).  Pro-Bell provide details on product, (mainly Dumbbells) type, durability and usage.  Various Grades of Dumbbell are available for purchase and it is the Buyers responsibility to select a product suitable for their requirements.  Details of product properties are readily available on the Sellers website and further questions may be directed at the Seller directly.  As such the Seller is not responsible for wear/damage to a product that is incorrectly selected and not used for its intended purpose.  The Buyer is reminded Mechanical abuse, (dropping or throwing) of dumbbells is not deemed normal usage and damage to items, (especially dumbbells) caused, (or thought to be caused) by these means will not be considered a fault of manufacture/materials and not warrant a replacement/repair/refund.  Warranty limited strictly to sales with UK Mainland.

 

6 PRODUCT VARIATION/REQUIREMENTS

From time to time products may be updated and improved. As a result products may vary cosmetically from those advertised but this will in no way affect their performance or use.  In the case of Dumbbells, styles vary with time/batches and subsequent orders may/will not match exactly previous products obtained from the Seller.  When providing a set of Dumbbells it may be necessary for the Seller to supply some dumbbells from different batches in order to make up a complete set.  While these Dumbbells may have the same product name/code small cosmetic differences may be apparent.  Unless otherwise specified, all weights are manufactured through volumetric means and therefore the actual item weight is not individually calibrated.  Further to this all Pro-Bell product is deemed to meet specification if weight is within 1.25Kg or 5 % ,(whichever greatest) of described weight.  Where items purchased require power, in all cases buyer shall provide an adequate and suitable power supply for their purchase. The seller cannot be held liable for fault or failure due to inadequate or insufficient power supply. Buyer is responsible for inspection of sample goods,(in warehouse showrooms) prior to purchase to ensure the goods are of a finish/quality required for sellers intended usage. The seller in no way warrants the finish of painted or chrome surfaces on any product. On some heavy goods some marking will occur to paintwork during transit and seller will provide touch up paint where requested.

 

7 CANCELLATION AND RETURNS

The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller within 2 days of delivery if the Goods are damaged or do not comply with any of the Contract. If the goods are delivered in a damaged state the buyer will inform the courier and sign for them as damaged. Failure to do so will void and claim against the courier/Seller.

Where a claim of defect or damage is made then it shall be the responsibility of the Seller to collect faulty Goods if the items are large,(aided by the buyer) otherwise the Goods shall be returned by the Buyer to the Seller and the Buyer shall be entitled to replacement Goods or a full refund (at the sellers discretion including delivery costs, if applicable) plus any return postal charges if the Goods are in fact defective.  If the goods are found not to be defective/contrary to description or there is no legitimate reason for their return by the Buyer then the Seller may elect to return them to the Buyer, (at the Buyers cost) or charge the Buyer a Restocking / Damage / Shipping chare up to 25% goods value and the actual shipping costs.  This charge may be deducted from any refund made to the Buyer.  If the Seller elects to collect the faulty goods by courier the Buyer will aid in the loading/collection process in any way possible given 24hrs notice by the Seller.

Where returned Goods are found to be damaged due to the Buyer's fault the Buyer will be liable for the cost of remedying such damage and all delivery/collection charges.  If the item / packaging are deemed to be damaged by the Buyer then the cost to make good may be deducted from the Refund. In the event that packaging is beyond serviceable use the item will be deemed used and refund will that of second-hand goods only, (typically 50% new value).

 

8 LIMITATION OF LIABILITY

The Seller shall not be liable under any circumstances to the Buyer or any third party for any direct/indirect or consequential loss of profit, personal injury, consequential or other economic loss suffered by the Buyer/Third Party howsoever caused, as a result of any faulty/defective goods, negligence, breach of contract, misrepresentation or otherwise.  The Buyer shall have such insurance in place to cover each and all of these possible causes for claim and loss and the Buyer agrees that in no way can these manifest themselves as a claim against the Seller.

 

9 FORCE MAJEURE

Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.

 

10 SEVERANCE

If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.

 

11 PUBLICITY

Pro-Bell Reserve the Right to advise of/display/list customers who have selected and purchased the Pro-Bell Product. 

As such, these Customers Businesses/Associations/Groups/Organisations may be listed on our websites, social media sights or mentioned to other prospective customers by word of mouth or in writing.

By purchasing from Pro-Bell the Buyer agree to the use of their name/business address/website in the above mentioned manner.  If at any time the Buyer wishes to be removed from these listings they may do so by advising the Seller in writing.

 

12 GOVERNING LAW AND JURISDICTION

These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts. Where a buyers wishes to challenge any part of the contact existing between themselves and the seller they agree to do so in a court most local to the sellers registered office.

 

Please note, website sales are solely for business customers and by purchasing from the website www.pro-bell.com the Buyer acknowledges they are in fact a business customer and the purchase will be solely bound by the Sellers standard Terms and Conditions.  All items purchased are subject strictly to our terms of sale.  We reserve the right to refuse / refund any orders should we discover purchaser is not a trade customer.