Terms of Sale

TERMS AND CONDITIONS OF SALE

1. These terms
1. What these terms cover. These are the terms and conditions on which we supply products to you, whether this is home gym equipment or boxing equipment and/or accessories. Both of which are displayed on our website in our set range of sizes and materials.
2. Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.


2. Information about us and how to contact us
1. Who we are. We are K-Sport UK (VAT number GB342626215) a sole trader company established in UK. Our registered office address is 1 Primrose Avenue, Marple, Stockport, England, SK6 6ED.
2. How to contact us. You can contact us by writing to us at info@k-sport-uk.co.uk
3. How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
4. "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.


3. Our contract with you
1. If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
2. Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.


4. Our products
1. 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 a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
2. Product packaging may vary. The packaging of the product may vary from that shown in images on our website.


5. Our rights to make changes
1. Minor changes to the products. We may change the product:
1. to implement minor technical adjustments and improvements, for example to address a change in our supply of goods. We will make reasonable efforts to ensure these changes will not affect your use of the product; and
2. to reflect changes in relevant laws and regulatory requirements.


6. Providing the products


1. Delivery. The costs of delivery will be displayed to you on our website.


2. When we will provide the products. We will contact you with an estimated delivery date, which will be within 7 days after the day on which we accept your order.


3. We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.


4. If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.


5. If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10.2 will apply.
6. When you become responsible for the goods. A product will be your responsibility from the time we deliver the product to the address you gave us or you collect it from us.


7. When you own goods. You own a product once we have received payment in full.


8. What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you. We will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.


9. Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
1. deal with technical problems or make minor technical changes
2. update the product to reflect changes in relevant laws and regulatory requirements; or
3. make changes to the product as requested by you or notified by us to you (see clause 6).


10. We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 12.3) and you still do not make payment within 5 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see clause 12.4). We will not charge you for the products during the period for which they are suspended.


11. Your rights to end the contract
1. You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:


1. If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 11;
2. If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
3. If you have just changed your mind about the product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;
4. In all other cases (if we are not at fault and there is no right to change your mind), see clause 8.6.


2. Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:
1. we have told you about an upcoming change to the product or these terms which you do not agree to;
2. we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
3. there is a risk that supply of the products may be significantly delayed because of events outside our control;
4. we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 4 weeks; or
5. you have a legal right to end the contract because of something we have done wrong.


3. Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 30 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
4. How long do I have to change my mind? you have 30 days after the day you (or someone you nominate) receives the goods.
5. Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered and paid for. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.


6. How to end the contract with us (including if you have changed your mind)
1. Tell us you want to end the contract. To end the contract with us, please let us know by writing to us at info@k-sport-uk.co.uk. Please provide your name, home address, details of the order and, where available, your phone number and email address.
2. Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them, post them back via recorded delivery to us info@k-sport-uk.co.uk. If you are exercising your right to change your mind you must send off the goods within 30 days of telling us you wish to end the contract.
3. When we will pay the costs of return. We will pay the costs of return:
1. if the products are faulty or misdescribed.
2. if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or
3. if you are exercising your right to change your mind.

In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.

4. How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
5. Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
1. We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods if this has been caused by your handling them in a way which would not be permitted in a shop. See our Returns page for information about what handling is acceptable and examples. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
2. The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
6. When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 30 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 9.2.


7. Our rights to end the contract
1. We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
1. you do not make any payment to us when it is due and you still do not make payment within 5 days of us reminding you that payment is due;
2. you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.


8. If there is a problem with the product
1. How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can write to us at info@k-sport-uk.co.uk.
2. Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract.
3. Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them or post them back to us. We will pay the costs of postage or collection. Please email us at info@k-sport-uk.co.uk for a return label.


12. Price and payment
1. Where to find the price for the product. The price of the product will be the price indicated on the order pages when you placed your order. We use our best efforts to ensure that the price of the product advised to you is correct. However please see clause 12.2 for what happens if we discover an error in the price of the product you order.
2. What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
3. When you must pay and how you must pay. We accept payment via PayPal. You must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.
4. What to do if you think an invoice is wrong. If you think an invoice is wrong, please contact us promptly to let us know.


13. Our responsibility for loss or damage suffered by you
1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us and supplied with reasonable skill and care; and for defective products under the Consumer Protection Act 1987.
3. We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.


14. How we may use your personal information. We will only use your personal information as set out in our Privacy and Cookie Notices.


15. Other important terms
1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. [We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
2. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
3. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
4. Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and subject to the exclusive jurisdiction of the English courts.

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 let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8: Your rights to end the contract).



7. We may make changes to our site
1. We may update and change our site from time to time to reflect changes to our products, our customers’ needs and our business priorities.


8. We may suspend or withdraw our site
1. Our site is made available free of charge.
2. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
3. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.


9. We may transfer this agreement to someone else

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.



10. Our site is only for users in the UK

Our site is directed to people residing in the United Kingdom. We do not represent that content available on or through our site is appropriate for use or available in other locations.

11. You must keep your account details safe
1. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
2. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
3. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at info@k-sport-uk.co.uk


12. How you may use material on our site
1. We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
2. You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
3. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
4. Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
5. You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
6. If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.


13. Do not rely on information on this site
1. The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
2. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.


14. We are not responsible for websites we link to
1. Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
2. We have no control over the contents of those sites or resources.


15. Our responsibility for loss or damage suffered by you
1. Whether you are a consumer or a business user:
• We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
• Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our Terms and conditions of sale.


2. If you are a business user:
• We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
• We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
• use of, or inability to use, our site; or
• use of or reliance on any content displayed on our site.


3. In particular, we will not be liable for:
• loss of profits, sales, business, or revenue;
• business interruption;
• loss of anticipated savings;
• loss of business opportunity, goodwill or reputation; or
• any indirect or consequential loss or damage.


4. If you are a consumer user:

Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.



16. How we may use your personal information

We will only use your personal information as set out in our privacy policy.

17. We are not responsible for viruses and you must not introduce them
1. We do not guarantee that our site will be secure or free from bugs or viruses.
2. You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
3. You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.


18. Rules about linking to our site
1. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
2. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
3. You must not establish a link to our site in any website that is not owned by you.
4. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
5. We reserve the right to withdraw linking permission without notice.
6. If you wish to link to or make any use of content on our site other than that set out above, please contact info@k-sport-uk.co.uk


19. Which country's laws apply to any disputes?
1. If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
2. If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.


20. Our trade marks are registered

K-SPORT are UK registered trade marks of K-Sport UK. You are not permitted to use them without our approval, unless they are part of material you are using as permitted under Section 11: How you may use material on our site.