Limitation of liability
- The Seller shall only be liable to you for the purchase price of the goods and any proven losses that you suffer as a result of the Seller 's failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure.
- The Seller will not be liable for the following types of loss:
- loss of income or revenue; or
- waste of management or office time.
- Nothing in these terms and conditions is intended to exclude or limit the Seller 's liability for:
- death or personal injury caused by the Seller's negligence;
- fraud or fraudulent misrepresentation;
- any breach of the obligations implied by section 12 of the Sale of Goods Act 1979;
- defective products under the Consumer Protection Act 1987; or
- any other matter for which it would be illegal for the Seller to exclude or attempt to exclude its liability.
- Whilst the Seller adopts industry standard protections against computer viruses, it is not able to warrant that this website is free from computer viruses or any other malicious or impairing computer program.
Events outside our control
- The Seller will not be liable or responsible for any failure to perform, or delay in performance of any of its obligations to you that is caused by events outside the Seller 's reasonable control (a "Force Majeure Event"). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond the Seller 's reasonable control and includes (without limitation) the following:
- Strikes, lock-outs or other industrial action;
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster;
- Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- Impossibility of the use of public or private telecommunications networks; or
- The acts, decrees, legislation, regulations or restrictions of any government.
- In the event of a Force Majeure Event, the Seller 's performance is deemed to be suspended for the period that the Force Majeure Event continues, and the Seller will have an extension of time for performance for the duration of that period. The Seller will use its reasonable endeavours to: bring the Force Majeure Event to a close; find a solution by which its obligations to you may reasonably be performed despite the Force Majeure Event; or provide a refund for any products/services that cannot be delivered due to a Force Majeure Event.
- In response to government guidance and local lockdown rules, the Seller reserves the right to vary its in-store returns and exchanges policy where Customer access to changing rooms may be prohibited or otherwise limited. Please see in-store for details.
Applicable laws require that some of the information or communications the Seller sends to you should be in writing. By accessing the Website, you accept that communication with the Seller will be primarily electronic through e-mail or notices posted on the Website. For contractual purposes, by accessing the Website you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that the Seller provides to you electronically comply with any legal requirement that such communications be in writing.
Intellectual property rights
Unless otherwise specified the intellectual property rights in the contents of all the pages in this website, are owned or licensed to the Seller (or a member of its group of companies), or are used with permission from the owner. The contents of this website may not be copied, reproduced, modified, downloaded or used in any form without our prior written permission.
Physical activities can be hazardous. The selection and use of suitable equipment requires skill, and you should ensure you are appropriately equipped and trained. In the interests of your safety and the safety of others, you should also ensure that you are properly trained in the techniques you will need to employ in pursuit of your chosen activity. The Seller recommends that you seek and take the advice of a suitably qualified person before purchasing your equipment. Once purchased, the equipment should only be used in accordance with the manufacturers' instructions and should likewise be inspected before use and properly maintained.
- The Waste Electrical and Electronic Equipment (WEEE) Directive aims to make producers pay for the collection, treatment and recovery of waste electrical equipment. The Directive also means that suppliers of equipment like high street shops and internet retailers must allow consumers to return their waste equipment free of charge.
- The Seller is obliged under this Directive to offer its Customers free take-back of their WEEE on a like-for-like basis when you buy from the Seller a new electrical or electronic product. Goods are marked with the crossed out wheeled bin symbol to show that they were produced after 13 August 2005 and should be disposed of separately from normal household waste so that they can be recycled.
- For example, if a Customer bought a new battery/stopwatch/pedometer from the Seller, the Seller would accept their old battery/stopwatch/pedometer and prevent it going into a landfill site by disposing of it safely. Customers must return their WEEE item to the Seller within 28 days of purchasing their new item.
Our right to vary these terms and conditions
- The Seller reserves the right to revise and amend these terms and conditions from time to time. You will be subject to the terms and conditions that are in force at the time that you order goods from the Seller unless:
- any change to these terms and conditions is required to be made by law or governmental authority, in which case the changes may apply to orders previously placed by you; or
- the Seller notifies you of any changes to these terms and conditions before it accepts your order, in which case the Seller has the right to assume that you have accepted the change to the terms and conditions unless you notify the Seller to the contrary within seven (7) working days of receipt by you of the goods.
Governing law and jurisdiction
- These terms and conditions are subject to English law.
- The courts of England and Wales shall have exclusive jurisdiction over all claims or disputes (whether contractual or non-contractual) arising in relation to, out of or in connection with these terms and conditions.
- Nothing in these terms and conditions is intended to affect your statutory rights.