4. Our Products

4.1 Product Variations

Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that the colours displayed on your device will exactly match the product colours. Your product may vary slightly from those images.

4.2 Product Packaging

The packaging of the product may vary from the images shown on our website.

5. Your Rights to Make Changes

5.1 Making Changes to Your Order

If you wish to make a change to the product you have ordered, please contact us. We will let you know if the change is possible. If it is possible, we will inform you of any changes to the price, timing, or other aspects of your order and ask you to confirm whether you wish to proceed with the change.

6. Our Rights to Make Changes

6.1 Minor Changes to Products

We may make minor changes to the product:

6.1.1 To reflect changes in relevant laws and regulatory requirements

6.1.2 To implement minor technical adjustments and improvements

These changes will not affect your use of the product.

7. Providing the Products

7.1 Delivery Costs

Delivery costs will be charged in addition to the product price and will be displayed on the website.

7.2 Delivery Timing

During the order process, we will inform you of the expected delivery time. We will contact you with an estimated delivery date, which will be within 30 days after accepting your order. For orders with multiple items, we may deliver them in separate shipments.

7.3 Delivery Location

We will deliver the products to the front door of your address. We do not move or place products inside your home or install any products.

7.4 Delays Outside Our Control

If a delay occurs due to factors beyond our control, we will notify you as soon as possible and work to minimize the impact. We will not be liable for delays caused by external events. If there is a risk of substantial delay, you may contact us to cancel the contract and receive a refund for any undelivered products.

7.5 Absence During Delivery

If no one is available to receive the delivery and the products cannot be posted, we will leave a note with instructions on how to reschedule the delivery or collect the products from a local depot. You may be charged for storage and redelivery costs.

7.6 Unclaimed Deliveries

If you do not reschedule the delivery or collect your products, we will contact you for further instructions and may charge you for any storage and redelivery costs incurred. If we are unable to contact you or arrange delivery/collection, we may terminate the contract, and Clause 10.2 will apply.

7.7 Responsibility for Goods

If you are a Consumer, you will be responsible for the product once we deliver it to your address or once you or a carrier you’ve arranged collect it. If you are a business customer, responsibility passes when the goods leave our premises.

7.8 Ownership of Goods (Consumer)

As a consumer, you will own the goods once we have received full payment.

7.9 Ownership of Goods (Business Customer)

If you are a business customer, you will own the goods either once we receive full payment or once the goods are delivered, whichever is later.

7.10 Required Information

We may need additional information from you to deliver the products. If you fail to provide this information in a reasonable time, we may end the contract (Clause 10.2) or charge you a reasonable fee for extra work required. We will not be liable for delays caused by missing information.

7.11 Reasons for Suspending Product Supply

We may suspend the supply of a product to:

7.11.1 Address technical issues or implement minor technical changes

7.11.2 Update the product to reflect legal or regulatory changes

7.11.3 Make changes requested by you or as required by us (see Clause 6)

7.12 Your Rights if We Suspend Supply

We will notify you in advance of any suspension unless it’s an emergency. If we suspend the product, we will adjust the price accordingly. You may cancel the contract if we suspend it for more than 3 months, and we will refund any pre-paid amounts for the period after you end the contract.

7.13 Suspension Due to Non-Payment

If you do not pay for the products when due (Clause 14.4), and payment is not received within 14 days after we remind you, we may suspend the product supply until the outstanding amount is paid. We will notify you before suspending supply. If payment is disputed (Clause 14.7), we will not suspend the products. We may charge interest on overdue payments (Clause 14.6).

8. Your Rights to End the Contract

8.1 Right to Cancel

You may end your contract with us at any time. Your rights depend on the product, how we perform, when you decide to end the contract, and whether you are a consumer or business customer:

8.1.1 If the product is faulty or misdescribed, you may be entitled to a refund, repair, or replacement (see Clause 12 for consumers, Clause 13 for businesses).

8.1.2 If you want to end the contract due to something we’ve done or announced, refer to Clause 8.2.

8.1.3 If you’re a consumer and change your mind within the cooling-off period, refer to Clause 8.3 for possible refunds, subject to deductions and return shipping costs.

8.2 Ending the Contract Due to Our Actions

You can end the contract immediately and receive a full refund for any undelivered products, and possibly compensation, if:

8.2.1 We inform you of a pricing or description error and you choose not to proceed.

8.2.2 Delivery is delayed due to external events.

8.2.3 We suspend product supply for more than 3 months for technical reasons.

8.2.4 We’ve done something wrong, giving you a legal right to cancel.

8.3 Consumer’s Right to Change Mind (Consumer Contracts Regulations 2013)

Consumers have the right to cancel within 14 days of receiving the product, subject to deductions. You will be responsible for return shipping costs.

8.4 Exceptions to Changing Your Mind

Consumers cannot change their mind for:

8.4.1 Sealed products for health or hygiene reasons, once opened.

8.4.2 Products that become inseparably mixed with other items after delivery.

8.5 Timeframe for Consumers to Change Mind

8.5.1 For goods, you have 14 days from receipt (or the last item in multiple deliveries) to change your mind.

9. How to End the Contract (Including for Consumers Changing Their Mind)

9.1 Informing Us of Contract Termination

To end the contract, contact us via:

9.1.1 Phone or Email: Call customer services at 07341352734 or email aston@mygymequipment.org.uk. Please provide your order details.

9.1.2 Online: Email aston@mygymequipment.org.uk with order details.

9.2 Returning Products After Ending the Contract

If you end the contract, return the products to us. Contact customer services for a return label or arrange for collection.

9.3 Who Pays Return Costs

We cover return costs if the products are faulty, misdescribed, or if you’re ending the contract due to our error. In other cases (e.g., changing your mind), you’ll pay the return costs.

9.4 Collection Charges

If you are responsible for return costs and we arrange collection, we will charge you for the direct cost of collection.

9.5 Refund Process

Refunds will be made via your original payment method for the product price, including delivery costs, with deductions where applicable.

9.6 Deductions for Handling (Consumer)

We may reduce your refund if the goods show signs of handling beyond what’s allowed in a shop.

9.7 Refund Timing

Refunds will be processed as quickly as possible. For consumer cancellations:

9.7.1 Goods: Refunds are processed within 14 days of receiving the returned product.

9.7.2 Other Cases: Refunds are made within 14 days of cancellation notification.

10. Our Rights to End the Contract

10.1 Ending the Contract for Breach

We may end the contract if:

10.1.1 Payment is overdue and not received within 14 days of our reminder.

10.1.2 You don’t provide the necessary information within a reasonable time.

10.1.3 You don’t allow us to deliver the product or collect it from us.

10.1.4 We have reasonable grounds to believe you are not authorized to pay.

10.2 Compensation for Breach

If we end the contract due to your breach, we will refund payments for undelivered products but may deduct compensation for our costs.

10.3 Withdrawal of Product

We may stop providing a product and will notify you in advance. We will refund any pre-paid amounts for undelivered products.

11. If There Is a Problem with the Product

11.1 Reporting Problems

If you have any questions or complaints, contact customer service via phone, email, or post.

12. Your Rights in Respect of Defective Products (Consumer)

12.1 Consumer Legal Duty

As a consumer, we are legally required to supply products that conform to the contract. This doesn’t affect your legal rights.

12.2 Business Customers

All warranties or terms implied by law are excluded to the fullest extent for business customers.

12.3 Returning Defective Products

If you reject a product, return it to us (at our cost), and we will either repair, replace, or refund it.

13. Your Rights in Respect of Defective Products (Business)

13.1 Business Warranty

For business customers, products will conform to description, be free from defects, be of satisfactory quality, and be fit for purpose.

13.2 Notification and Remedies

We will repair, replace, or refund defective products if notified within a reasonable time.

13.3 Limitations on Liability

We are not liable for defects resulting from misuse, failure to follow instructions, or other customer actions.

14. Price and Payment

14.1 Where to Find the Price of the Product

The price of the product (including VAT) will be as indicated on the order pages when you place your order. We take reasonable care to ensure that the stated price is correct. However, please see Clause 14.3 for what happens if we discover a pricing error.

14.2 VAT Adjustments

If the VAT rate changes between your order date and the supply date, we will adjust the rate accordingly, unless you have already made full payment before the change takes effect.

14.3 Pricing Errors

Despite our best efforts, some products may be incorrectly priced. We normally verify prices before accepting an order:

• If the correct price is lower than the stated price, we will charge the lower amount.
• If the correct price is higher, we will contact you before proceeding with the order.

If we process an order where the error is obvious and should have been recognized by you as mispricing, we reserve the right to cancel the contract, refund your payment, and request the return of any delivered goods.

14.4 Payment Methods and Currency

We accept all major payment methods. Payments must be made in Sterling (GBP) or, where stated on the website, in Euros. Products must be paid for in full before dispatch.

14.5 Business Customers – No Right of Set-Off

If you are a business customer, you must pay all amounts due without any set-off, counterclaim, deduction, or withholding (except where legally required).

14.6 Late Payments – Interest Charges

If payment is not made by the due date, we may charge interest at 4% per year above the base lending rate of Barclays Bank plc. Interest accrues daily until full payment is made.

14.7 Disputed Invoices

If you believe an invoice is incorrect, please contact us promptly. No interest will be charged until the dispute is resolved. If the invoice is found to be correct, interest will be applied from the original due date.

15. Consumer Liability for Loss or Damage

15.1 Our Responsibility for Foreseeable Losses

We are responsible for loss or damage caused by our failure to comply with these terms, but only if such loss or damage was foreseeable. A loss is foreseeable if it is obvious or if both parties knew it might happen at the time of contract formation.

15.2 Limitations on Liability

We do not limit our liability where it would be unlawful to do so, including:

• Death or personal injury caused by our negligence.
• Fraud or fraudulent misrepresentation.
• Breach of legal rights regarding the products.
• Defective products under the Consumer Protection Act 1987.

15.3 Property Damage

If we provide goods to your property, we will repair any damage we cause. However, we are not responsible for pre-existing faults or damage.

15.4 No Liability for Business Losses

We supply products for personal use only. If used for business purposes, our liability is limited as outlined in Clause 16.

16. Business Liability for Loss or Damage

16.1 Exclusions and Limitations

We do not exclude liability for:

• Death or personal injury caused by negligence.
• Fraud or fraudulent misrepresentation.
• Breach of statutory rights under the Sale of Goods Act 1979 and the Supply of Goods and Services Act 1982.
• Defective products under the Consumer Protection Act 1987.

16.2 Exclusion of Implied Terms

Except as stated in Clause 16.1, all terms implied by the Sale of Goods Act 1979 and the Supply of Goods and Services Act 1982 are excluded.

16.3 Limitation of Liability

• We are not liable for lost profits or indirect/consequential loss.
• Our total liability is limited to the total amount paid for the product under the contract.

17. How We Use Your Personal Information

17.1 Use of Your Data

We use your personal data to:

• Supply products to you.
• Process your payments.
• Send you information about similar products (if you opt in).

17.2 Credit Reference Checks

If we extend credit, we may share your personal data with credit reference agencies.

17.3 Data Sharing

We will only share your personal information with third parties if legally required or permitted.

18. Other Important Terms

18.1 Transfer of Agreement

We may transfer our rights and obligations to another organization, ensuring your rights remain unaffected.

18.2 Transferring Your Rights

You may only transfer your rights with our written consent, except for warranty transfers. We may require proof of transfer.

18.3 No Third-Party Rights

This contract is strictly between you and us. No other party has enforcement rights, except for warranty beneficiaries.

18.4 Severability Clause

If any part of this contract is found unlawful, the remaining terms remain in force.

18.5 Delays in Enforcement

Failure to enforce any part of this contract immediately does not prevent future enforcement.

18.6 Governing Law and Consumer Legal Proceedings

These terms are governed by English law. Consumers may bring legal proceedings in:

• England
• Scotland (if residing there)
• Northern Ireland (if residing there)

18.7 Governing Law and Business Legal Proceedings

For business customers, any disputes will be resolved under English law in English courts.