Terms & Conditions
Our terms and conditions for use of this site – Last updated on 1 December 2015
1. These terms and conditions
1.1 What these terms cover. 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, 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. You can print out these terms and conditions by clicking on the print icon on your browser.
1.2 By using our website and placing an order with us you agree to be legally bound by these terms and conditions as they may be modified and posted on our website from time to time. If you do not wish to be bound by these terms and conditions then you may not use our website.
1.3 Please note that although we try to ensure that the content of our website is accurate, it may contain typographical errors or other inaccuracies. We may alter these terms and conditions from time to time and post the new version on our website, following which all use of our website will be governed by that version. You must check the terms and conditions on the website regularly.
2. Information about us and how to contact us
2.1 Who we are. We are Pro-active Wellness Centres Ltd trading as Switch Gym a company registered in England and Wales. Our company registration number is 08082979 and our registered office is at 266 – 268 Wickham Road, Shirley, Croydon, Surrey, CR0 8BJ. Our registered VAT number is 138495578.
2.2 Nature of our website. Our website is a place for you to select and order gym clothing and kit bags and other accessories (the ‘Products’). Our website describes the Products in more detail. Please note that our website is available only to individuals that can form legally binding contracts under applicable law.
2.3 How to contact us. You can contact us by telephoning our customer service team on 01444 440 683 or by writing to us at [email protected] or Switch Gym Unit G The Orchards, Haywards Heath, West Sussex, RH16 3TH.
2.4 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.
2.5 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. Buying products on our website and our contract with you
3.1 How to order from us. By placing an order you are offering to purchase Products on and subject to our terms and conditions. To order Products you will need to follow the ordering procedures set out on our order page. You will be required to select the Products you wish to buy and add them to your basket. Products you do not require or that have been added in error can be removed from your basket at any time.
3.2 Email confirmation. When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us for the purchase of the Products will not be formed until your payment has been approved and we have debited your debit or credit card.
3.3 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us. You will not receive an acceptance email until we have received clear funds.
3.4 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the Product and no contract will have been made. 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, because we are unable to deliver for unforeseen circumstances, or because we have been unable to debit sufficient funds your chosen payment method
3.5 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.
3.6 We only sell to the UK. Our website is solely for the promotion of our Products in the UK. Unfortunately, we do not deliver to addresses outside the UK.
4. Our Products
4.1 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. Please note that any pictured accessories are not included unless detailed in the specification of the Products.
4.2 Product packaging may vary. The packaging of the Products may vary from that shown on the images on our website.
5. Price and payment
5.1 Where to find the price for the Product. The price of the Product (in GBP and which includes VAT) will be the price indicated on the order page when you placed your order. We use our best efforts to ensure that the prices of the Products advised to you are correct. Delivery charges are not included in the price and promotional prices will only apply during the period indicated.
5.2 When you must pay and how you must pay. You must pay for the Products at the time of order. We accept payment by Visa, MasterCard, Delta/Connect or PayPal. You must pay for the Products before we dispatch them. We will aim to dispatch your Products within 1-2 days of us receiving cleared funds for the full purchase price of your order.
5.3 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the Product, we will adjust the rate of VAT that you pay, unless you have already paid for the Product in full before the change in the rate of VAT takes effect.
5.4 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, we will contact you for your instructions before we accept your order. If you cancel and your payment has already cleared, you will receive a full refund.
5.5 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.
6. Providing the Products – delivery / collection
6.1 Delivery costs. The costs of delivery will be as displayed when you place your order. We charge £3.99 for one item and £1 extra per additional item. We offer free delivery on orders totalling over £50.00.
6.2 Delivery times. We will deliver the Products to you, at the address supplied on your order, as soon as reasonably possible and in any event within 30 days after the day on which we accept your order. We estimate delivery will take place with 2-3 working days of dispatch. Any times or dates stated on our website or order confirmation for delivery are estimates only and we do not accept liability for any failure to deliver within that time.
6.3 We are not responsible for delays outside our control. If our supply of the Products is delayed by an event outside our control and in excess of 30 days, 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.
6.4 If you are not at home when the Products are 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 that we have attempted to deliver to you. We will re-attempt to deliver on an alternative day. If we are unable to deliver on the second attempt, we will contact you for further instructions and may charge you for storage costs and any further delivery costs.
6.5 Collection by you. If you have asked to collect the Products from our premises, you can collect them from us at any time during our working hours of 06.30 – 21.00 on weekdays (excluding public holidays), 08.00 – 18.00 on Saturdays, 08.00 – 17.00 on Sundays.
6.6 When you become responsible for the Product. The Product will be your responsibility from the time we deliver the Product to the address you gave us or you collect it from us. We will not accept responsibility for loss of damage if you instruct us (or the delivery company) to leave the Products unattended. Please check the Products on delivery and notify us of any missing or damaged Products within 24 from the time of delivery.
6.7 When you own the Products. You will own the Products once we have received payment in full.
7. Personal information and other information provided to us
7.1 Information you provide to us. You undertake that all details you provide to us for the purpose of purchasing Products which may be offered by us on our website will be accurate and correct and that all ordering or registration details (where applicable) contain your correct name, address and other requested details. You further undertake that the credit or debit card, or any electronic cash, which you use is your own and that there are sufficient funds or credit facilities to cover the cost of any Products and delivery charges. We reserve the right to obtain validation of your credit or debit card details before providing you with any Products.
7.3 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. If so, this will have been stated in the description of the Products on our website. 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 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.
7.4 How we will use your Personal Information. We will use the personal information you provide to us:
(a) to supply the Products to you;
(b) to process your payment for the Products; and
(c) if you agreed to this during the order process, to inform you about similar Products that we provide, but you may stop receiving these at any time by contacting us.
We will only give your Personal Information to third parties where the law either requires or allows us to do so.
8. Your rights to end the contract
8.1 Ending 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.
8.2 Your legal rights. We are under a legal duty to supply Products that are in conformity with this contract. Nothing in these terms will affect your legal rights.
8.3 If there is a problem tell us about the problem. If you have any questions or complaints about the Product, please contact us. You can telephone our customer service team at 01444 440 683 or write to us at [email protected] or Switch Gym Unit G The Orchards, Haywards Heath, West Sussex, RH16 3TH. Please provide us with full details of your questions or complaints and if the questions or complaints relates to the Products, if possible let us have a digital photograph of the problem as this may save us inspecting the Products on return.
8.4 Exchanging a faulty item. If an exchange is necessary, this will be arranged without unreasonable delay and without charge, however replacement Products will not be dispatched until the original Products are received and checked (if photographs clearly showing the problem have not previously been provided). The Products must be returned to Switch Gym Unit G The Orchards, Haywards Heath, West Sussex, RH16 3TH. We will refund your reasonable postage costs if the Products are found to be faulty or damaged. The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.
8.5 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 below the contract will end immediately and we will refund you in full for any Products which have not been provided. The reasons are:
(a) there is a risk that supply of the Products may be significantly delayed, in excess of 30 days, because of events outside our control;
(b) you have a legal right to end the contract because of something we have done wrong.
8.6 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 14 days and receive a refund. These rights exist under the Consumer Contracts Regulations 2013. You will be required to pay any costs incurred in returning the items to us.
8.7 How long do I have to change my mind? You will have 14 days after the day you received the Products to change your mind. If your Products are split into several deliveries over different days you will have until 14 days after the day you receive the last delivery to change your mind about the Products.
Cancellation before delivery. Even if we are not at fault, you can still end the contract before it is completed. A contract for goods is completed when the Product is delivered and paid for. The contract will end immediately and we will refund any sums paid by you for Products not provided but we may deduct from that a reasonable sum as compensation for the net costs we will incur as a result of your ending the contract.
9. How to end the contract with us
9.1 Tell us you want to end the contract. To end the contract with us, please let us know by on 01444 440 683 or by writing to us at [email protected] or Switch Gym Unit G The Orchards, Haywards Heath, West Sussex, RH16 3TH.
9.2 Returning Products after ending the contract. If you end the contract for any reason after the Products have been dispatched to you or you have received them, you must return them to us. You must either return the Products to us at Switch Gym Unit G The Orchards, Haywards Heath, West Sussex, RH16 3TH. If you are exercising your right to change your mind you must send off the Products within 14 days of telling us you wish to end the contract. The Products must be returned unused and in their original packaging.
9.3 When we will pay the costs of return. We will pay the costs of return if the Products are faulty or misdescribed or if you are ending the contract because of 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. In all other circumstances you must pay the costs of return.
9.4 How we will refund you. We will refund you the price you paid for the Products, by the method you used for payment. However, we may reduce your refund of the price to reflect any reduction in the value of the Products, if this has been caused by you mis-handling the Products.
9.5 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 your refund will be made within 14 days from the day on which we receive the Products back from you.
10. Our rights to end the contract
10.1 We may end the contract if you break it. We may end the contract for the Products at any time by writing to you if you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products or you do not, within a reasonable time, allow us to deliver the Products to you or collect them from us. If we end the contract in these situations we will refund any money you have paid in advance for Products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
11. Our responsibility for loss or damage suffered by you
11.1 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.
11.2 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.
12. Other important terms
12.1 Intellectual Property. The contents of our website are protected by intellectual property rights. The owner of these rights is Pro-active Wellness Centres Ltd. All product and company names and logos mentioned in our website are the trade marks, service marks or trading names of their respective owners, including us. You may download material from our website for the sole purpose of placing an order with us or using our website as a shopping resource. However, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner any material or information on or downloaded from our website without our prior written consent, except where expressly invited to do so.
12.2 Linked sites. We make no representations whatsoever about any other websites which you may access through our website or which may link to our website. When you access any other website you understand that it is independent from Pro-active Wellness Centres Ltd trading as Switch Gym, that we have no control over the content or availability of that website and we do not endorse or accept any responsibility for the content, or the use of, such a website and we shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource.
12.3 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
12.4 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us.
12.5 Breach of these terms and conditions. If you breach these terms and conditions then your permission to use this website terminates immediately without the necessity of any notice being given to you. We retain the right to deny access to any person who fails to comply with these terms and conditions.
12.6 Availability. We will try to make our website available but cannot guarantee that our website will operate continuously or without interruptions or be error free and can accept no liability for its unavailability.
12.7 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.
12.8 Even if we delay in enforcing this contract, we can still enforce it later. If we delay in taking steps against you in respect of your breaking this contract, that will not prevent us taking steps against you at a later date.
12.10 Which laws apply to this contract and where you may bring legal proceedings. We have used our best endeavours to ensure that our website complies with UK laws. These terms are governed by English law and you can bring legal proceedings in respect of the Products in the English courts.