This Agreement was last modified on May 10, 2017.
Please read these Terms and Conditions (“Agreement”, “Terms and Conditions”) carefully before using https://laborator.co (“the Site”) operated by Laborator Creative (“us”, “we”, or “our”). This Agreement sets forth the legally binding terms and conditions for your use of the Site at https://laborator.co.
By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms and Conditions. Capitalized terms are defined in this Agreement.
- These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you). We are THEGYMBOOK LTD a company registered in England and Wales under number 10076861 whose registered office is at NWS House, 1 High Street, Purley, Surrey, CR82AF, United Kingdom, with email address email@example.com (the Supplier or us or we).
- These are the Terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions.
- Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
- Contract means the legally-binding agreement between you and us for the sale and purchase of the Goods;
- Delivery Location means the Supplier’s premises or other location where the Goods are to be supplied, as set out in the Order;
- Goods means any goods that we supply to you, of the number and description as set out in the Order;
- Order means the Customer’s order for the Goods from the Supplier as set out.
- The description of the Goods is as set out in our website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in colour or size.
- In the case of Goods made to your special requirements, it is your responsibility to ensure that any information you provide is accurate.
Basis of Sale
- The description of the Goods in our website, catalogues, brochures or other form of advertisement does not constitute a contractual offer to sell the Goods.
- When an Order has been made, we can reject it for any reason, although we will try to tell you the reason without delay.
- A Contract will be formed for the Goods ordered, only upon the Supplier sending an email to the Customer saying that the Order has been accepted or if earlier, the Supplier’s delivery of the Goods to the Customer.
- Any quotation is valid for a maximum period of 1 day from its date, unless we expressly withdraw it at an earlier time.
- No variation of the Contract, whether about description of the Goods, price or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
- We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer where we, the Supplier and you the Customer, enter the Contract at any of the Supplier’s business premises, and where the Contract is not a contract (i) for which an offer was made by the Customer in the Supplier’s and the Customer’s simultaneous physical presence away from those premises, or (ii) made immediately after the Customer was personally and individually addressed in the Supplier’s and the Customer’s simultaneous physical presence away from those premises. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate to you and which might, in some way, be better for you, eg by giving cancellation rights pursuant to consumer protection law. Business premises means immovable retail premises where we carry on business on a permanent basis or, in the case of movable retail premises, on a usual basis.
- We will deliver the Goods to the Delivery Location specified buy you in the order. Once your order has been processed the delivery address will not be changed,
- We will deliver your Goods by the time or within the period agreed, or failing any agreement, without undue delay and, in any event, not more than 40 days after the day on which the Contract is entered into.
- In any case, regardless of events beyond our control, if we do not deliver the Goods within 40 days of accepting the order, you can (in addition to any other remedies) treat the Contract at an end if:
- we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or if you told us before the Contract was made that delivery on time was essential; or
- after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
- If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
- If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return the payment of the Goods made under the Contract for any such cancelled or rejected Goods. The returned payment will not include delivery charges. If the Goods have been delivered and you decide to return the Goods, unless due damage upon arrival, you must pay for the returned delivery costs.
- If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.
- We do deliver to addresses outside the UK and if we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not be liable for them.
- You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
- If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
- The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
Risk & Title
- Risk of damage to, or loss of, the Goods will pass to you when the Goods are delivered to you.
- You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.
Cancellations & Returns
- You can cancel your Order for any reason by telling us before the Goods are shipped, which will be exactly 12 hours after your payment has been accepted. Withdrawing an order before this time period will equate to a full refund, being one in which both product and delivery charges are returned. Withdrawing you order after this time will result in the order needing to be returned, per the conditions in point 32.
- In line with the international fair trading standards, you will have 14 days after receiving the item to request a refund. Refunds will not include delivery costs, nor will they remunerate return delivery charges. THEGYMBOOK LTD will only refund delivery charges should the product arrive, and upon further investigation be found to have been, damaged. This right and decision is reserved by us. Refunds will be processed within 7 days after receipt of the returned goods. Refunds will only be given to Goods that are complete and have in no way been tampered with, used or modified.
- We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
- Upon delivery, the Goods will:
- be of satisfactory quality
- be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
- conform to their description.
- It is not a failure to conform if the failure has its origin in your materials.
Circumstances Beyond The Control of Either Party
- In the event of any failure by a party because of something beyond its reasonable control:
- the party will advise the other party as soon as reasonably practicable; and
- the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery and the right to cancel below.
- The Supplier is not liable: for death or personal injury caused by negligence of the materials sold/provided to the Customer. All material is provided with clear instructions and recommendations and it is the sole responsibility of the Customer adhere to thee guidelines and ensure any physical activity conducted is within their personal limits. Moreover; the Supplier is not liable for(i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to the Customer’s business, trade, craft or profession which would not be suffered by a Consumer because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession).
Governing Law, Jurisdiction & Complaints
- The Contract (including any non-contractual matters) is governed by the law of England and the country of the Customer’s national residency.
- We try to avoid any dispute, so we deal with complaints as follows: If a dispute occurs customers should contact us directly. We will aim to respond with an appropriate solution within 10 working days.
- The purchase of our Goods is for personal use only. Any Goods found to be used commercially, without the consent of THEGYMBOOK LTD, shall be treated as a legal violation. All GYMBOOK materials are copyrighted, and any unsanctioned use of said copy, images, logos, materials or designs shall be treated as an infringement of the this law.
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