Performance Health Systems UK Ltd
WEBSITE TERMS AND CONDITIONS OF SALE
Last modified: January 8th, 2013
Introduction
THESE TERMS AND CONDITIONS OF SALE ("TERMS AND CONDITIONS") GOVERN YOUR PURCHASE OF ALL POWER PLATE® PRODUCTS ("PRODUCTS") FROM US, PERFORMANCE HEALTH SYSTEMS UK LTD “ PHS UK”. BY MAKING A PURCHASE, ISSUING A PURCHASE ORDER, PLACING AN ORDER OR OTHERWISE SHOPPING ON THE WEBSITE AT WWW.POWERPLATE.COM (UK) (THE "WEBSITE") OR THROUGH OUR TELESALES TEAM, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.IF YOU ARE UNWILLING TO ACCEPT THESE TERMS AND CONDITIONS, WE ASK THAT YOU DO NOT PURCHASE OUR PRODUCTS.
When you purchase a Power Plate® Product from us through our Website or telesales team, you are purchasing the Product from us, Performance Health Systems UK Ltd, a company registered in England and Wales under company no. 08102963 and VAT number GB 150 5190 40, with its registered office at 401 Huehl Road, Suite 2A, Northbrook, IL 60062. We are an authorised distributor of Power Plate® products in the United Kingdom, and purchase of Products via our Website or telesales team is only intended for people resident in the United Kingdom and UK offshore islands.
By making a purchase, placing an order or otherwise shopping on our Website or through our telesales team, you also accept and are bound by our Privacy Policy which is available at WWW.POWERPLATE.COM , and (for shopping via the Website only) our Website Conditions of Use which are available at WWW.POWERPLATE.COM. Our Website is regularly updated, and our Website and/or these Terms and Conditions are subject to change without prior notice, except that the Terms and Conditions posted on our Website or otherwise in force at the time you place an order will govern the order in question, unless otherwise agreed in writing by us. If these Terms and Conditions are translated into another language the English language version will prevail in the event of any conflict between the translation and the English language version.
1. Your Status
By placing an order with us, you promise that you are at least 18 years old, and that you are a resident in the United Kingdom and/or you are accessing our Website from the United Kingdom.
2. Not For Resale or Export
You agree and represent that you are buying Products only for your own use and not for resale or export outside the United Kingdom or the countries in which Product is delivered.
3. Ordering
Your submission of an order shall constitute your full acceptance of these Terms and Conditions. IF YOU DO NOT ACCEPT THESE TERMS, PLEASE DO NOT SUBMIT AN ORDER. Your order constitutes an offer to us to buy the Product and all orders are subject to availability and acceptance by us. We will send you an email or other written confirmation acknowledging receipt of your order, but please note that this does not constitute acceptance by us. The contract for purchase of the Product is formed when we send you a confirmation by email or otherwise in writing. We may reject any order you place with us, and/or limit the quantities on any order if, for example, the Product in question is not in stock, if we are unable to authorise your payment, if you do not meet any other eligibility criteria set out in these Terms and Conditions, or if any information provided by you is found to be incorrect (although you will have an opportunity to verify and confirm or correct all such information prior to placing your order).
4. Cancellation of Orders
If you wish to cancel an order placed with us, please notify us by contacting our customer service team on +44 (0)20 7317 5000 or by e-mail at services@powerplate.com by no later than seven (7) working days from the day after delivery, in which case, you will be entitled to a refund of 100% of the purchase price paid by you for the Product, and any original delivery charges. If the Product has been delivered, you will also need to return it to us in a re-saleable condition at your own cost and risk to our warehouse at Kiln Farm, 42-44 Burners Lane, Milton Keynes, Bucks, MK11 3HD, unless it is faulty, incorrect or has been incorrectly described. Alternatively, we will be happy to collect the Product from you at no charge, except that a non-refundable standard collection charge (currently £120 for our "personal" Products and £395 for our "commercial" Products) will apply to collections from Northern Ireland or UK offshore locations. If you cancel an order placed with us for Product which requires any custom modification requested by you, you will be charged for any and all actual costs incurred at the time of cancellation, which may include, without limitation, special materials, dies, plates, artwork, labour, tooling and overhead. If you wish to cancel an order under these terms, please follow the procedure for Return of Non-Faulty Products set out at section 12(i) below. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
5. Prices
The price of a Product shall be as stated on our Website and/or our direct sales materials from time to time except in the case of obvious error. Prices shown are inclusive of UK Value Added Tax, but may be subject to additional taxes which are payable by you. We try and ensure that all prices displayed on this Website and our direct sales materials are accurate but errors may occur. If we discover an error in the price of a Product you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If you cancel and you have already paid for the Product, you will receive a full refund, including any delivery or installation charges paid.
6. Payment Terms
Unless otherwise indicated, the purchase price of Products will be billed in full at the time the Product is ordered. We will charge credit cards upon ordering. We accept payment via Visa, Solo, Switch, Discover and Mastercard. We do not accept cash, cash on delivery, purchase orders or personal cheques unless specific arrangements have been made. These payment terms are subject to change from time to time.
7. Delivery and Handling
Please note that we only accept orders from this Website or through our telesales team for delivery to the United Kingdom, and UK offshore islands. All Products come with free standard delivery and installation, excluding Northern Ireland and UK offshore islands for which applicable charges for our "personal" Products and our "professional" Products (where an engineer is required to attend) will apply. We shall endeavour to deliver Products to you as soon as possible after you place your order, usually within 30 days of your order. However, all delivery dates are estimates only and if we are unable to dispatch the Product within that time we will email or telephone you to let you know and to give you an estimated delivery date. In these circumstances you have the right to cancel the order and receive a full refund including any delivery or installation charges paid.
Due to the size of some of our Products, we MUST be informed of any restrictions regarding access for delivery vehicles. We must also be informed of any restrictions regarding access to the property given the size of the product you are ordering (available on the Product page of our Website). We will contact you a reasonable time before delivery to obtain this information. If you refuse to accept delivery of your order for any reason other than the Product being damaged in transit, you will be liable for all outward and return delivery charges incurred, and we reserve the right to charge you a restocking fee up to a maximum of 15% of the Product price. Deliveries will usually be made on Mondays to Fridays between 9am and 5.30pm. If you or the intended recipient are not available, our courier will leave a card at the delivery address confirming that they have tried to deliver. Follow the instructions on this card to rearrange delivery or to collect your Products.
8. Risk and Ownership
As soon as the Product is delivered to you, you are responsible for it. Notwithstanding delivery, we (Performance Health Systems UK Ltd) shall retain ownership of all goods until you have finished paying for them, except that title to any software embedded in the Product will remain with the applicable licensor and is subject to any licence agreement related to the software.
9. Limited Home Use Warranty
All Power Plate®-branded Products sold for home use are provided with a limited warranty against defects in material and workmanship for three (3) years from the date of order. Details of this Performance Health Systems UK Ltd Home Warranty terms will be included with your Products, or otherwise set out in our product guides or related literature, made available on our Website, or, in the case of optional extended warranties issued by us, such extended warranty documentation. Please be aware that this warranty:
(i) is valid for addresses in the United Kingdom (including Northern Ireland and UK offshore islands) only; and
(ii) does not apply to any commercial use made of the Products.
YOU HAVE CERTAIN STATUTORY RIGHTS. THESE INCLUDE THAT ANY PRODUCTS SUPPLIED BY US WILL BE OF SATISFACTORY QUALITY, FIT FOR THEIR INTENDED PURPOSE, AND WILL CONFORM TO ANY DESCRIPTION GIVEN ON OUR WEBSITE AND OUR DIRECT SALES MATERIALS. NOTHING IN THESE TERMS AND CONDITIONS IS INTENDED TO LIMIT OR AFFECT THESE STATUTORY RIGHTS. FOR MORE INFORMATION ON YOUR STATUTORY RIGHTS, CONTACT YOUR LOCAL TRADING STANDARDS OFFICE OR CITIZENS ADVICE BUREAU.
10. Health Warning
All content on displayed on our Website or otherwise provided to you by us is for informational purposes only and is not intended to be a substitute for professional medical advice, diagnosis or treatment. While our desire is to be responsive to your specific needs and questions, we do not assume responsibility for any specific use or application of any Products, including, but not limited to, compatibility with other equipment and fitness programs or regimens used by you or recommended to or by you. Power Plate is first and foremost concerned for your safety, and we urge you consult with a physician or health specialist before using Power Plate® products where necessary. Any use by you of the Products will be at your own risk.
11. Product Changes
We continually update and revise our Products. We may revise and/or discontinue Products at any time. Changes in Products delivered and Products described on our Website and/or direct sales materials are possible. Our Products are new unless specified as refurbished. Our acceptance of your order in no way obligates us to continue to furnish any particular model after delivery of the Product to you. Repairs and spare parts for discontinued Products will be provided by us for one (1) year after discontinuation or any such longer period as may be specified in any Product discontinuation notice. We may, at our option, offer upgrade packages or an opportunity to replace for a discontinued Product if spare parts are not available during any such period.
12. Return Policy
(i) Return of Non-Faulty Products
We want you to be happy with your purchase from us. If you are unhappy with the Product in any way please contact our customer service team on +44 (0)20 7317 5000 or by e-mail to services@powerplate.com as soon as possible. In addition to your right to cancel your order, as set out in Section 5 above, if for any reason you are not completely satisfied with a Power Plate®- branded Product purchased through our Website or through our telesales team, you may return the Product to us and we will refund the purchase price of the Product, provided:
- it is in fully re-saleable condition; and- you notify us of your wish to cancel your order within 14 days of receipt.
Telephone our London office on 020 7317 5000, or email services@powerplate.com and quote your order number, serial number of the machine and the reason for the return. We will email or telephone you back with further instructions and we will arrange for the courier to come to collect the Product you wish to return from the address to which it was delivered. If you notify us of your wish to return a Product more than seven (7) days after the day following delivery, please note that any delivery and handling charges for the initial delivery (if any) are non-refundable, and we reserve the right to charge you a cancellation fee which is sufficient to cover our lost expenses and handling charges, up to a maximum of £225.
Refunds of the original sale price will be issued in the same form as the original payment. Please allow up to thirty (30) days after our receipt of the returned Product for us to credit your account. In order to receive a refund, Products must be returned in a re-saleable condition with all paperwork, parts and accessories included. If any Product is not returned to us in fully re-saleable condition with the original packaging, we may at our option offer a refund, but reserve the right to deduct a sum from the refund amount which reasonably reflects the degree of any repair or replacement required to make such Product re-saleable, up to a maximum of 15% of the original selling price.
(ii) Return of faulty Products:
If a Product is faulty or does not meet the description given on the Website or our direct sales materials, please contact us as soon as possible on 020 7317 5000, or email services@powerplate.com, confirming whether you would like a refund or the repair or replacement of your existing Product. Where you elect a refund, we will collect the Product free of charge and refund the purchase price (including any original delivery charges) no later than thirty (30) days from the day on which you contact us.Alternatively, we will at no additional cost, repair your Product or deliver a replacement in accordance with the PHS UK Limited Home Warranty provided with the Product. Reimbursement of any other costs must be separately agreed between us.
13. Our Liability To You
WE ACCEPT LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THAT OF OUR EMPLOYEES AND AGENTS WHICH SHALL BE UNLIMITED. WE DO NOT SEEK TO EXCLUDE LIABILITY FOR FRAUDULENT MISREPRESENTATION BY US OR OUR EMPLOYEES OR AGENTS. NOTHING IN THESE TERMS AND CONDITIONS IS INTENDED TO LIMIT OR AFFECT YOUR STATUTORY RIGHTS.
IF WE BREACH THESE TERMS AND CONDITIONS, WE SHALL ONLY BE LIABLE FOR LOSSES WHICH ARE A REASONABLY FORESEEABLE CONSEQUENCE OF SUCH A BREACH. LOSSES ARE FORESEEABLE WHERE THEY COULD BE CONTEMPLATED BY YOU AND US AT THE TIME OF PURCHASE. WE ARE NOT RESPONSIBLE FOR INDIRECT LOSSES WHICH ARE A SIDE EFFECT OF THE MAIN LOSS OR DAMAGE AND WHICH ARE NOT REASONABLY FORESEEABLE BY YOU AND US AT THE TIME OF PURCHASE, SUCH AS FOR EXAMPLE LOSS OF PROFITS, LOSS OF OPPORTUNITY OR CONSEQUENTIAL DAMAGES.
IF WE FAIL FOR ANY REASON WITHIN OUR CONTROL TO PERFORM OUR OBLIGATIONS UNDER THESE TERMS AND CONDITIONS, YOU AGREE THAT OUR TOTAL LIABILITY TO YOU FOR ANY LOSS OR DAMAGE ARISING IN CONNECTION WITH THESE TERMS AND CONDITIONS SHALL BE NO MORE THAN 1.5 TIMES THE AMOUNT INVOICED FOR THE PRODUCT IN QUESTION.
14. Events Beyond Our Control
While our goal is to meet all of our performance obligations to you, we shall not be liable for any failure or delay in the manufacture or delivery of Products or our services as a result of any Events Beyond Our Control. "Events Beyond Our Control" means any cause beyond our reasonable control including, but not limited to fire, flood, storm, riot, civil disturbance, war, nuclear accident, terrorist activity and acts of God, delays in transportation, material shortages, strikes or other labour disturbances, government intervention, embargoes, or equipment failures. In the event of shortage, we may allocate sales and deliveries in our sole discretion.
15. Waste Electrical Equipment - Customer Take Back Policy
As part of our commitment to minimize the disposal of waste electrical and electronic equipment (WEEE) in unsorted municipal waste and to achieve a high level of collection of WEEE for treatment, recovery and environmentally sound disposal, PHS UK have made available to customers purchasing new products, a Take Back Facility of old electrical items when purchasing a like for like replacement. Electrical and electronic equipment (EEE) contains materials, parts and substances which can be dangerous to the environment and harmful to human health if not disposed of correctly. Equipment which is marked with the WEEE crossed out wheeled bin logo should not be thrown away with your household waste.
16. Waiver and Invalidity
If you breach these Terms and Conditions and we take no action against you, we shall still be entitled to use our rights and remedies in any other situation where you breach these Terms and Conditions. If any part of these Terms and Conditions is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.
17. Transfer and Non Assignment
This Agreement is personal to you. These Terms and Conditions are not intended to give rights to anyone except you and us. Apart from any unexpired warranties relating to the Product, you may not transfer or assign your rights or obligations under these Terms and Conditions to anyone else. If you sell or transfer the Product to another user, we will honour any unexpired guarantee or warranty provided the new user can produce satisfactory written evidence of the change in ownership.
18. Disputes
We will try and solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings, you must do so within London, United Kingdom. The laws of England and Wales shall apply to these Terms and Conditions without regard to choice of law rules.
19. Compensation
You agree to compensate, indemnify, defend and hold harmless, PHS UK, against any claims or legal proceedings brought against us by any other person as a result of your breach of these Terms and Conditions or your negligence.
Questions and Comments
PHS UK welcomes your questions or comments about these Terms and Conditions of Sale. Please contact us at:
Performance Health Systems UK Ltd
Unit 16, Silver Road
Shepherd's Bush, London, W12 7SG, UK
T | +44 (0)20 7317 5000
info@powerplate.com