Terms and Privacy

1.Definitions and Interpretation
In these Conditions the following words have the following meanings :
"Authorised Customers" means those customers notified by Amazon in writing that they are authorized customers
"Amazon" means Amazon Leisure (UK) Limited (Registered Number 3762251) whose Registered Offices is at The Fitness Centre, Hargham Road, Shropham, Norfolk, NR17 1DS
"Contract" means any contract between Amazon and the Customer for the Sale of Goods or supply of Services incorporating these Conditions
"Customer" means You, the person(s) who purchase the Goods or Services from Amazon
"Order Acknowledgement" means the written acknowledgement issued by Amazon accepting your order
"Goods" means any goods agreed in the Contract to be supplied to the Customer by Amazon
"Services" means any services performed by Amazon in accordance with the Contract
"Regulations" means the Consumer Protection (Distance Selling) Regulations 2000
"You" means the Customer
"We" Means Amazon
2.Name of Supplier
Amazon Leisure (UK) Limited of ( ) We shall be supplying the Goods to You the Customer
3.What is to be provided to You by us
We and You have agreed that We will supply to You the Goods and Services described on the Order Acknowledgement
4.Price and V.A.T
4.1The price for the Goods or Services is as stated on the Order Acknowledgement and includes VAT. The price includes installation and delivery of Goods within mainland UK but does not include installation and delivery outside mainland UK (for the avoidance of doubt installation will include delivery to point of access, the placing of equipment in required position, the building and commissioning of equipment and brief explanation of basic start up procedures. Installation does not include the removal of any fixtures and fittings including existing aperture (doors/windows and so on) nor a full demonstration of the Goods. If fixtures and fittings are required to be removed to allow installation then the Customer must arrange this through Amazon or another third party at the Customer's cost and entirely at the Customer's own risk).
4.2Important Information for Customers Paying with PayPal: PayPal charges fees which are non-refundable. If a refund is requested, we will refund the total amount paid after deducting any PayPal fees we have been charged. Please be aware of this when ordering from us and if you are unsure about the refurbishment state of an item, please contact us before making a payment.
5.When payment is to be made
5.1You, the Customer will need to make payment at the time You place your order or, if You are an Authorised Customer, within 30 days of the date of our invoice. Please note that We will not be able to deliver the items or perform the Services until We have received payment (and this means that where You have paid by cheque or by credit or debit card, the funds have reached Amazon's bank account)
5.2You shall make all payments due under the Contract without any deduction whether by way of set-off, withholding, counterclaim, discount, abatement or otherwise
5.3If any sum due from You to Amazon under the Contract or any other contract is not paid on or before the due date for payment then all sums then owing by You to Amazon shall become due and payable immediately and Amazon shall be entitled to :
(a)cancel or suspend its performance of the Contract or any order including suspending deliveries of the Goods;
(b)require You to pay for Goods prior to their dispatch or collection from Amazon's place of business; and
(c)charge You:
(i)interest calculated on a daily basis on all overdue amounts (both before and after judgment) until actual payment at the rate of 4% per annum above Barclays Bank PLC base rate prevailing from time to time until payment is made in full;
(ii)reasonable debt recovery costs; and
(iii)the cost of obtaining judgment or payment to include all reasonable professional costs (including legal fees) and other costs of issuing proceedings or otherwise pursuing a debt recovery procedure
6.Delivery
6.1.Delivery of the items will be as stated on the Contract and will be to the Your address as stated on the Order Acknowledgement. Unless stated otherwise the Goods are at Your risk from the time of delivery even if ownership has not passed to You
When delivery will be made
6.2.Our aim is to deliver the goods or perform the Services within 30 days of acceptance of Your order. It will not always be possible to do this, and We and You agree that We cannot guarantee We will deliver the goods or perform the Services within 30 days.
6.3.Amazon may at its own discretion arrange for the Goods to be delivered on more than one delivery date and in those circumstances each delivery will be deemed to be a separate contract
6.4.If for any reason You do not accept delivery of any of the Goods when they are ready for delivery or We are unable to deliver the Goods on time because You have not provided appropriate instructions, documents, licences or authorizations then the Goods will be deemed to have been delivered, risk passing to You (including for loss or damage caused by Amazon's negligence) and Amazon may:
(a)store the Goods until actual delivery whereupon You will be liable for all related costs and expenses (including without limitation storage, re-delivery and insurance); or
(b)sell the Goods at the best price readily obtainable and (after deduction of all reasonable storage and selling expenses) charge You for any shortfall below the Contract price
6.5.You will be deemed to have accepted the Goods as being in accordance with the Contract unless You notify Amazon in writing of any defect or other failure of the Goods to conform with the Contract within 7 days of the date of delivery of the Goods where the defect or failure would be apparent upon reasonable inspection and testing of the Goods or within a reasonable time where the defect or failure would not be so apparent within 7 days of the date of delivery, failing which You shall not be entitled to reject the Goods and Amazon shall have no liability for such defect or failure, and You shall be bound to pay the price as if the Goods had been delivered in accordance with the Contract
6.6.Returns must be made within 2 Weeks of delivery of those Goods, all transport and other re-delivery costs of whatever nature are paid by You unless the Goods have a defect or are not in accordance with the Contract in which case Amazon will meet the transport and collection/ redelivery costs
7.Provisions of Services
7.1.Amazon will charge a minimum charge of 8 hours per day for Contractsfor the delivery and/or installation of goods
7.2.Amazon reserves the right to review its charges from time to time. Details are available to You by e-mail, post or fax at Your request
7.3.You must notify Amazon at least 24 hours before cancelling the date of delivery or installation of goods (which will be on a date agreed between Amazon and You which is more than 7 days after the Contract has been concluded) failing which the minimum charge referred to at 7.1. above will be payable by You
7.4.You are liable for any incidental charges necessary to allow installation of the goods (for the avoidance of doubt incidental charges will include the removal of fixtures and fittings including doors and windows and any other cost necessary to permit installation to occur)
8.Provision of Storage facilities
8.1.Where Amazon agrees to provide storage facilities, Amazon will on receipt of the goods prepare an inventory which will be conclusive evidence of the goods stored unless You notify Amazon in writing of an error within 7 days of receiving the inventory. Such indication shall not be effective unless acknowledged by Amazon in writing to You
8.2.Payments for storage charges will be payable 3 months in advance. No refund will be made if goods are removed by You during the 3 month period
8.3.All charges (including removal charges) shall be paid (and any cheques cleared) before the goods are removed from storage
8.4.Revision of storage charges - Amazon shall be entitled to revise storage charges from time to time. Amazon will give You at least 28 days notice of an increase in charges. Such increase to take effect at the beginning of the next accounting period
8.5.Termination of storage contract -
(a)You shall be entitled to terminate the storage contract by giving Amazon at least 3 months notice in writing. The notice shall not be effective unless received by Amazon. If Amazon agrees to release the goods on less than 3 months notice Amazon reserves the right to charge for the full 3 months period of notice.
(b)Provided You are not in arrears with the payment of storage charges, Amazon shall not terminate the storage contract save on 3 months notice in writing
8.6.Handling - Amazon shall be entitled to make a separate charge for loading or unloading the goods and if You elect to make your own arrangements for the delivery or collection of goods to or from the warehouse a charge for the loading and unloading of goods from the time they are received by Amazon
8.7.Unless otherwise agreed, it is Your responsibility to insure against losses whilst goods are in the care of Amazon
9.Cancellation rights and Distance Selling
Where the Contract is concluded as a distance contract as defined by the Regulations the following provisions shall apply:
9.1.You have a right under the Regulations to cancel the Contract. The right to cancel can be exercised by You in the case of the supply of Goods from the time the Contract is concluded until the expiry of 7 working days beginning with the day after the day You receive the Goods or in the case of provision of Services from the time the Contract is concluded until the expiry of 7 working days beginning with the day after the day the Contract was concluded. You should note that You cannot cancel the Contract once Amazon has started to perform the Services where You have agreed to Amazon starting to perform the Services within 7 days.
9.2.To cancel the Contract You must do so in writing to the contact details below. On cancellation You must retain possession of the Goods and take reasonable care of them and restore the Goods to Amazon in accordance with the Regulations.
9.3.If You wish to return the Goods You must send them to Amazon at Your own cost or alternatively Amazon will collect the Goods, the costs of collection to be paid by You.
10.Contact Details
Amazon's address is The Fitness Centre, Hargham Road, Shropham, Norfolk, NR17 1DS If You have any complaints about the Goods or Services contact 01953 498098 If You wish to cancel the Contract in accordance with Clause 9, notice of cancellation should be sent to the above address If You are returning Goods in accordance with clause 9 they should be sent to the above address
12.Ownership of goods
12.1.We shall own the Goods until We have received payment in full from You, even though the Goods may have been already delivered to You. Where You have paid by cheque or credit or debit card, "payment in full" means that the funds have reached our bank account
12.2.Until You have paid for the Goods You shall :
(a)hold the Goods on behalf of Amazon
(b)store the Goods at Your premises in a proper manner in conditions which adequately protect and preserve the Goods separately from any other goods (whether or not supplied by Amazon) and ensure that they are clearly identifiable as belonging to Amazon and shall insure them, without any charge to Amazon;
(c)Amazon may at any time, on demand and without prior notice, require You to deliver the Goods up to Amazon and Amazon may repossess and resell the Goods if any sum due to Amazon from You under the Contract or on any other account or under any other contract is not paid when due;
(d)for the purposes of this Condition ( ) Amazon, its employees, agents and sub-contractors will be entitled to free and unrestricted access to any premises owned, occupied or controlled by You and/or any other location where any of the Goods are situated at any time without prior notice;
(e)Amazon shall be entitled to maintain an action against You for the price of the Goods notwithstanding that legal equitable and beneficial title to and property in the Goods has not passed to You;
(f)If You sell the Goods prior to paying the full price for them You shall hold the proceeds of sale on trust for Amazon and shall immediately pay the proceeds of the sale into a separate bank account. At Amazon's request You shall assign to Amazon all claims that You may have against purchasers of the Goods from You.
13.Acceptance of orders
Your order will only be accepted by us when We send to You an Order Acknowledgement confirming that We have accepted Your order. Until You receive that Order Acknowledgement there will not be a binding contract between You and Amazon.Any information on our Web site or Your filling in details or clicking any button or icon indicating You are making an order does not, and is not intended to, constitute a binding contract between You and Amazon. Only on Amazon sending the Order Acknowledgement will We and You be entering into a binding contract
15.Limitation of liability
Goods
14.1.If the Goods We deliver are not what You ordered or are damaged or defective or the delivery is of an incorrect quantity We shall have no liability to You unless You notify us in writing at our contact address of the problem within 10 working days of the delivery of the goods in question
14.2.If You do not receive goods ordered by You within 30 days of the date on which You ordered them, We shall have no liability to You unless You notify us in writing at our contact address of the problem within 40 days of the date on which You ordered the Goods
14.3.If You notify a problem to us under this condition, our only obligation will be, at your option :
(a)to make good any shortage or non-delivery
(b)to replace or repair any goods that are damaged or defective; or
(c)to refund to You the amount paid by You for the goods in question in whatever way We choose
Save as precluded by law, We will not be liable to You for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem You notify to us under this condition and We shall have no liability to pay any money to You by way of compensation other than to refund to You the amount paid by You for the Goods in question
14.4.You must observe and comply with all applicable regulations and legislation including obtaining all necessary customs, import or other permits to purchase goods from us.
Services
14.5.We aim to carry out the Services with reasonable care and skill. If any part of the Services is performed negligently or in beach of the provisions of this agreement then, on your request, We will re-perform the relevant part of the Services. We will not be liable to re-perform any part of the Services which We have performed negligently or in breach of this Contract unless You notify us in writing to our contact address
14.6.Except in the case of death or personal injury caused by our negligence, our liability under or in connection with this Contract whether arising in contract, tort, negligence, breach of statutory duty or otherwise howsoever shall not exceed the price You have paid us
14.7.Except to the extent permitted by law, We will not be liable to You for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any negligence or beach of the Contract on our part and We shall have no liability to pay any money to You by way of compensation other than to refund to You the price You have paid to us
General
14.8.Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights You might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to You for any death or personal injury resulting from our negligence
15.Entire Agreement
These terms and conditions set out the whole of our agreement relating to the supply of the Goods and Services to You by Amazon. Nothing said by any salesperson, agent, employee, director or other representative on our behalf should be understood as a variation of these terms and conditions or as an authorized representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, We shall have no liability for any such representation being untrue or misleading
16.Invalidity
If any part of these terms and conditions is unenforceable (including any provision in which We exclude our liability to You) the enforceability of any other part of these conditions will not be affected
17.Law and jurisdiction
The validity construction and performance of this Contract shall be governed by English law and shall be subject to the exclusive jurisdiction of the English courts to which You and We submit
18.Third parties
For the purposes of the Contracts (Rights of Third Parties) Act 1999 and notwithstanding any other provision of this Contract this is not intended to and does not give any person who is not a party to it any right to enforce any of its provisions
19.Waiver
The waiver by either party of any breach of the Contract shall not prevent the subsequent enforcement of that breach and shall not be deemed to be a waiver of any subsequent breach of that or any other provision