Before ordering or purchasing any products from our website it is important that you read our Website terms of sale carefully. The Terms of Sale, alongside the Terms of Use and Privacy Policy represent our relationship with you (the customer) in relation to any product(s) purchased from this website or over the phone. If you have any questions please contact Gym Freaks before completing your purchase.
By clicking the complete purchase button in the order confirmation section of the website before you place your order, you are accepting these terms and conditions. You will not be able to order any products from the website if you do not agree with these terms.
There are other rights granted by mandatory law, which the Terms of Sale do not affect, unless the two are inconsistent with each other. Unless not permitted by law the Terms of Sale will override this if this is the case.
We are 21st Century Internet Ltd a company registered in England and Wales at Companies House trading under the name Gym Freaks. Our registered office is 5 Kingfisher Court, Brambleside, Bellbrook Industrial Estate, Uckfield, TN22 1QQ and our registered number is 3503402. Our VAT number is 662059339
You can contact us by email at hello@gymfreaks.co.uk or call on 01825 744688
The Website to which these Terms of Sale apply and for which we are responsible is www.gymfreaks.co.uk
We currently accept orders from the UK only.
Once you have made a decision on your purchase, click ‘Add to Bag’, and your desired item will be added to your bag. To view your bag, simply click the bag icon on the top right of the site. You will then be taken through to view the items you have added. Clicking on the check out with PayPal button will then take you through to PayPal to complete your transaction. Delivery charges will then be added to the order, which be available to review before the order is completed. Once you have entered your payment details, you may click the pay now button to confirm your order with Gym Freaks. It is the customers responsibility to double check that all order information is correct at that time of entry before submitting it to Gym Freaks. If you have any problems with your order then contact Gym Freaks on 01825 744688.
A confirmation email will then be sent in recognition of your order. Please note this is sent out automatically to the registered email address and does not mean that your order has been accepted. The order requested constitutes of an offer by you to buy our product(s) at the price that has been set on the website. All orders are subject to acceptance by Gym Freaks. We are within our rights to not accept your order, and may at our discretion decline to accept the order placed. In acknowledging the order and clicking the pay now button you are entered into the obligation of paying for the product(s) that was/were ordered once your order has been accepted.
Once your acknowledgement email has been sent, we will check to make sure that your order can be fulfilled properly. Once this is confirmed you will receive a dispatch confirmation confirming your order, delivery destination and tracking information. This is sent to the registered email address provided by the customer. This is the point at which payment is taken from the method dictated by the customer. Upon sending a dispatch confirmation email this is confirming and accepting your order and the contract is formed. After entering into the contract, Gym Freaks is legally obliged to supply you (the customer) with product(s) that are in conformity with the contract. This contract will only be binding to those product(s) whose dispatch was confirmed via email. Gym Freaks will not be obliged to supply any other product(s) that may have formed the rest of your order until the dispatch has been confirmed via a dispatch email. It is the customers responsibility to check both the order acknowledgement and dispatch email for any errors and inform us of them immediately. If there are any problems with your order a member of the Gym Freaks team will be in touch with you.
Product and delivery costs are liable to change at any time on the Gym Freaks website, however prices stay the same for any products that have already been ordered before the price change and are between dispatch and delivery. Website prices are checked regularly, however should we find that there has been a pricing error and a product has been incorrectly labelled with this price then once your order is received we will contact you and ask if you wish to proceed at the correct price. If you agree to purchase the product at the correct price please remember that we will not be under any obligation to supply the product until you have received a dispatch email confirming your order.
The prices on the Gym Freaks website include all taxes including VAT which may be payable in respect of the product(s) but excluding any delivery costs. This will be added automatically to the total amount once in your shopping bag. All payments to Gym Freaks must be made at the time of product dispatch. All payments must be made using a valid debit or credit card. If your order is not accepted for any reason, then we will either reject your credit or debit card payment or refund any money that was taken in respect of the order. Products will not be dispatched until payment in full is received. Please note, we are not responsible for any charges that may occur from your card issuer in the shape of processing or handling fees.
When making payment by debit or credit card, all cardholders may be subject to authentication or authorisation methods. If your card is not authorised and subsequently payment is rejected by the card issuer, Gym Freaks is not liable for any non delivery or delay in respect of the product(s) which you have ordered.
At Gym Freaks we aim to dispatch and deliver all product(s) to the delivery address provided by you within the time set out on our delivery information page, however we may not be able to provide an exact date. All orders will be delivered by Royal Mail. Delivery charges are complimentary for orders over £40 to one address. If delivery has not been attempted within 30 days of the contract being agreed, then you may cancel the contract and any money paid will be paid back including shipping fees.
Risk and ownership of the product will pass to you upon delivery. If a product is delivered to you damaged or in an unsatisfactory condition then please photograph it and send evidence to hello@gymfreaks.co.uk for our team to look to into.
Gym Freaks have taken the utmost care and reasonable steps to provide accurate photographs and images of the product(s) on the website. Due to photography techniques and screen defects some products may appear larger or smaller. Some items are shown larger on the screen to accurately represent finer details. Colour, pattern and texture that is shown on screen will depend on the quality and/or colour calibration of the monitor and may not accurately represent the product itself.
These Terms of Sale do not exclude our liability (if any) to you for:
Subject to this, in no event shall we be liable to you for any business losses and we shall only be liable to you for losses which you suffer as a result of a breach of these Terms of Sale by us. Our liability for losses you suffer as a result of us breaching these Terms of Sale is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaching these Terms of Sale. Losses are foreseeable where they could be contemplated by you and us at the time your Order is accepted by us.
We are not responsible for any delay in, or failure of, performance of our obligations under any Contract arising from any cause beyond our reasonable control including any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion, failure in information technology or telecommunications services, failure of a third party (including failure to supply data) and industrial action.
Please note that nothing contained in these Terms of Sale in any way affects your statutory rights.
Subject to the terms and conditions detailed herein, if you are a consumer (i.e., you are not purchasing either wholly or in part for your business or you are not a business) you have the right, in addition to your other rights, to cancel the Contract and receive a refund from us including any associated shipping fees that you have paid.
Save for Products that are damaged or faulty upon delivery, or Products that are delivered incorrectly, Gym Freaks will not accept for return personalised, engraved or customised Products, fragrances, or other merchandise that is specified as non-returnable at the time of purchase.
You may cancel a Contract and receive a refund up to 2 hours after your initial product has been purchased, and up to 30 days after the product has gone into dispatch, beginning on the day you purchased your Order (“Cooling Off Period”).
To cancel the Contract, you must clearly inform us of your intention to do so, preferably in writing at hello@gymfreaks.co.uk
We are sure you will love your purchase with us, but should you have made the wrong selection you can return your item within 30 days and we will be happy to arrange an exchange or a full refund for you (please be aware that we cannot refund the initial delivery charges).
Please email us, stating the reason for your return, and pack your parcel securely in the original box and packaging. We strongly recommend you use recorded delivery or another secure method of delivery for this as we cannot be held responsible for non-delivery of returned goods.
Gym Freaks may not keep a copy of these Term of Sale and your order so we advise that you print a copy of them for your information in the future. These Terms of Sale and any documents referring to them represent an agreement between Gym Freaks and the customer in relation to any subject matter of any contract. All communications between Gym Freaks and our customers will be conducted in English, and the terms of Sale will be produced in English.
The Terms of Sale and the validity, performance, construction, existence and formation of the contract will be governed by the law of England and Wales. The English and Welsh courts will have non-exclusive jurisdiction to settle any disputes which may arise out of or in connection with these Terms of Sale or use of the Website. However you should note that this does not prevent residents of Northern Ireland or Scotland from starting proceedings in their own local courts.
If any court find an aspect of these Terms of Sale to be invalid or unenforceable it will be removed from the Terms of sale leaving the rest of the document unaffected. No delay or failure by us to exercise any powers, rights or remedies under these Terms of Sale will operate as a waiver of them, nor will any single or partial exercise of any such powers, rights or remedies prevent any other or further exercise of them. A person who is not a party to a contract governing the Terms of Sale between you and us is not entitled to enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999 except where these Terms of Sale expressly provide for such rights.
All notices given by you to us must be given in writing to the address set out at the beginning of these Terms of Sale. We may give you notice at either the email or postal address you provide to us when placing an Order.
