www.bearfitness.uk (“Website”) is intended only for consumers wishing to order www.bearfitness.uk products (“Products”). The terms and conditions under which the Products are offered for sale on this Website are set out below. By placing an order on the Website you accept and agree to be bound by these terms and conditions. BearFitness reserves the right to change these terms and conditions at any time without prior notice. Such change however will have no effect on orders that were submitted before posting of such revised terms and conditions on this Website.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
We reserve the right to suspend the Site at any time for operational, regulatory, legal or other reasons. We may terminate your use of the Site with immediate effect if you breach any of these Terms.
OTHILA LTD, VAT 362 6842 80, registered at Forest House Business Centre 8 Gainsborough Road – London E11 1HT.
2.1. PERSONAL INFORMATION
2.2. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS. By submitting any comments or material to us (‘Material’) you agree that we may, at any time, copy, modify, distribute or create a derivative work from the Material in any manner that we shall determine. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party. You will indemnify us if any third party takes action against us in relation to the Material.
2.3. THIRD-PARTY LINKS. Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
2.4. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION. We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
PLACING AN ORDER
3.1. To place an Order you must be 18 years of age or over, be accessible by telephone and have a valid email address.
3.2. You may place an order by filling in the order form on the Website after logging into or creating your personal account and clicking on the appropriate submission button – BearFitness.uk will not accept orders placed in any way other than those listed above.
3.3. When you place your order, BearFitness.uk will issue you with a Web Order Number. BearFitness.uk will do this via the Website.
3.4. By placing an order, you make an offer to us to purchase the Products you have selected on these terms and conditions. BearFitness.uk may or may not accept your offer at our discretion or may reduce the number of Products we accept to deliver to you. However, orders submitted by you are binding on you and cannot be cancelled after order submission.
3.5. If BearFitness.uk accepts your order, we will notify you of our acceptance by issuing an order confirmation. BearFitness.uk will send your order confirmation to you by e-mail. The order confirmation will be effective as of the date on which the order confirmation is sent to you. If we cannot accept your order, we will attempt to contact you by email or telephone or post.
3.6. If you wish to add any items onto your original order, please place a new order via our website. Depending on the chosen delivery charge may be applied, which we are unable to refund. These items will arrive separately to your original order and we unable to combine the two together.
3.7. Please note that the on-screen display of the colours, designs, products may differ from the actual appearance or size of products offered on the Website.
SUPPLY OF YOUR PRODUCTS
Subject to these terms and conditions, BearFitness.uk will supply to you the Products indicated on your order confirmation.
5.1. BearFitness.uk’s master currency is GBP. Prices shall be those prices published on this Website at the time you submit your order. The prices published on the Website are exclusive of tax where applicable and exclusive also of shipping costs, which are for your account. These costs will be calculated separately as applicable and specified on the order form and added to the total price of the order. The total price stated on the order form you submit shall be the total amount payable by you for the products including shipping.
5.2. If, by mistake, we have under priced a product, we will not be liable to supply that product to you at the stated price, provided that we notify you before we despatch the product to you. In those circumstances, we reserve the right to cancel your order. In the event we cancel your order, we will give you a full refund on any amount already paid for that product in accordance with our return and refund policy.
5.3. Delivery costs, where applicable, are payable by you as indicated on your order confirmation.
PAYING FOR YOUR PRODUCTS
6.1. You may pay for your Products by the methods of payment as may be displayed at the Website checkout.
6.2. You must pay in the currency as indicated on your invoice.
6.3. If you are paying by credit or debit card, then you must supply your credit or debit card details when you place your Order. BearFitness.uk will not supply the Products to you nor perform the services until your credit or debit card issuer has authorised the use of your card for payment of the Products and/or services ordered. If BearFitness.uk does not receive such authorisation we shall inform you accordingly. BearFitness.uk reserves the right to verify the identity of the credit or debit card holder by requesting appropriate documentation.
6.4 By choosing Bank Transfer as method of payment , once you placed your order you must do the following :
- The reason for appearing on the bank transfer must state the number and date of the order , the name and surname of ;
- The bank transfer must be made in favor of:
- Beneficiary: OTHILA LTD
- Bank: WISE
- IBAN: GB92TRWI23147030265552
- The banking practice provides that the credit transfer is credited to the account of the beneficiary (OTHILA LTD) not earlier than 2 working days from its execution, therefore these days will be added in the days between the date of the order and the date on which the customer can arrange a bank transfer.
After 3 days from the date of acceptance without OTHILA LTD has received the credit of the bank , OTHILA LTD online shop will cancel the order.
DISCOUNT / PROMOTIONAL CODES / COUPONS / BLACK FRIDAY
7.1. We may from time to time offer promotional discount codes which may apply in respect of any, or certain specified, purchases made through this Website.
7.2. The conditions of use relating to any discount or discount code will be specified at the time of issue.
7.3. Products sold on this website are not for re-sale or distribution. You may only purchase products for personal use, either by yourself or by your intended recipient(s) of the products. BearFitness.uk reserves the right to decline any order that it has reasonable cause to believe is for onward sale other than through distribution channels approved by BearFitness.uk.
DELIVERY OF YOUR PRODUCTS
8.1. For detailed shipping information see our Shipping Policy, but for the avoidance of doubt, BearFitness.uk will deliver the Products to the delivery address you have specified in the order form and in accordance with the delivery option you have chosen. Any delivery or shipment dates given by BearFitness.uk are best estimates only and BearFitness.uk shall not be liable for any loss, damage, costs or expenses for failure to deliver in accordance with the delivery or shipment dates given. In the event that any of the Products ordered are out of stock, this may mean the whole order is delayed. If so, an estimate of the delay will be given by e-mail or post but delivery shall in any case be made within thirty (30) days as of the date indicated on the order confirmation by BearFitness.uk. If the product is not received within this time frame, we must be notified within 30 days in order to action a refund or process a new order.
8.2. We are unable to change the delivery address of an order due to security reasons. In the event you order various Products to be delivered to different addresses, you will need to submit a separate order form for each delivery address.
8.2. Title to and risk of loss in your Products will pass to you on delivery of the Products.
8.3. Upon delivery of the Products to the carrier BearFitness.uk will send you a confirmation of shipment by e-mail provided you have indicated an e-mail address on the order form or by post.
EXCHANGES, RETURNS & REFUNDS
9.1. Within 14 (fourteen) working days from acceptance of the order, the customer can cancel the contract without penalty and without specifying the reason. The right of withdrawal may be exercised only by customers who hold the position of the consumer in accordance with the relevant legislation , or by individuals who have purchased the products for their own use and for purposes not related to their professional activities . The withdrawal notice has be sent by electronic mail ([email protected]), the order will be cancelled at the time of the receive of the confirmation. Click here for a standard form for withdrawal.
9.2. You may return the Product to BearFitness.uk and obtain a refund of the price of the returned Product provided that you contact us within fourteen (14) working days from the day after the goods are delivered.
Although you will have to pay the cost of returns, the refund will include the full value of the product.
If a product is sold as part of a product combination (bundle) in which other products are offered for free or at a discount compared to their normal price, the bundled product must at BearFitness.uk’s request be returned with the product purchased. BearFitness.uk reserves the right to raise an invoice in respect of any free or discounted bundle product not so returned.
Gift Card purchases are non-refundable.
9.3. If a Product was supplied in error, is incomplete or faulty and you believe that you are entitled to a replacement or repair in accordance with paragraph 8 below, please fill in the following form and send it by email to [email protected]
9.4. If you have received the ordered Product(s) and have simply changed your mind about purchasing it, you may return the Product(s) or entitlement to Service to us for a refund and provided:
You inform BearFitness.uk within fourteen (14) working days from the day after the goods are delivered and you have proof of purchase (i.e. order number / identification).
The item purchased is not a Gift Card.
Please note that while the Product(s) remain in your possession you are under a duty to ensure that the Product(s) are kept safe and secure.
9.5. Steps to Follow to Claim a Refund:
(i) Cancellation can be exercised by emailing us at [email protected].
(ii) The customer is responsible for the cost of the return postage.
(iii) Before returning any Product(s) it is helpful if you check that you have, used appropriate packaging, clearly displayed the returns address, and sealed the packaging securely.
(iv) Following the above steps will help ensure the Product(s) arrive at the correct destination and in good condition within a timely fashion.
(v) The refund will be payed within fourteen (14) working days from the day after the goods are received and the integrity is verified or BearFitness.uk has learned about the right of withdrawal.
Bearfitness R&D Department constantly works on the renewal and improvement of products that could undergo technical, functional and aesthetic changes without notice.
10.1. BearFitness.uk branded Product Warranty
BearFitness.uk warrants the Products as stated on the Web Site. Specific warranties may apply to certain Products (such as customised Products) as specified on the Website. Should the Product supplied by BearFitness.uk not comply with the applicable warranty we shall, at its option and expense, unless provided otherwise in the applicable warranty, repair or replace the Product or refund the purchase price upon return of the Product. Except as expressly set out in these terms and conditions, to the fullest extent permitted by law BearFitness.uk hereby disclaims any and all warranties, whether express or implied. The limited warranty set out above will not affect or prejudice your statutory rights.
10.2. Non BearFitness.uk branded/Third-party Products
For non BearFitness.uk branded Products, all warranty claims, where relevant, are to be made in accordance with the terms and conditions of any standard manufacturer’s warranty which may be included with the Products purchased. In relation to any existing manufacturer’s warranty, any warranty claims should first be made either directly to the manufacturer or to BearFitness.uk.
10.3. IF YOU ARE A CONSUMER, THE WARRANTIES REFERRED TO ABOVE ARE IN ADDITION TO AND DO NOT AFFECT YOUR STATUTORY RIGHTS.
11.1. These terms and conditions set out the full extent of our obligations and liabilities in respect of the supply of the Products and the performance of any Services.
11.2. Save as set out within the Paragraph 9, there are no warranties, conditions or other terms that are binding on BearFitness.uk regarding the supply of Products except as expressly stated in the contract.
11.3. Any warranty, condition or other term arising out of or in connection with the supply of Products and/or the provision of Services which might otherwise be implied into or incorporated in the contract by statute, common law, laws applicable in the country where you purchased the Products or Services or otherwise (including without limitation any implied term as to quality, fitness for purpose, reasonable care and skill) is hereby expressly excluded to the maximum extent permitted by law. In particular, BearFitness.uk will not be responsible for ensuring that the Products are suitable for your purposes.
11.4. Nothing in the contract shall limit or exclude our liability (i) for death or personal injury caused by our negligence or (ii) for fraud or (iii) any breach of the obligations implied by applicable compulsory national laws as to title or (iv) any liability which cannot be excluded by law.
11.5. Subject to Paragraph 9, BearFitness.uk will not be liable under the contract for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise BearFitness.uk maximum aggregate liability under the contract whether in tor (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to BearFitness.uk in respect of the product(s) and/or services in question.
11.6. This does not affect your statutory rights as a consumer, nor your right to return the Products as per Paragraph 9.
12.1. Your transaction records are accessible to you if you are a registered customer by entering your Web Order Number(s) so that you may check the status of your order(s) and check the order content.
CIRCUMSTANCES BEYOND REASONABLE CONTROL
BearFitness.uk will make every effort to perform its obligations under the contract. However, it cannot be held responsible for delays or failure to perform if such delay or failure is caused by any circumstances beyond our reasonable control. In the event of a delay, we will perform our obligations as soon as reasonably possible.
DISAGREEMENTS GOVERNING LAW & JURISDICTION
BearFitness.uk will try to solve any disagreements quickly and efficiently. If you are not happy with the way it deals with any disagreement and you want to take court proceedings, you must do so within the courts of England & Wales. The applicability of the United Nations Convention on Contracts for International Sale of Goods is hereby explicitly excluded.
BearFitness.uk reserves the right to update and change the terms and conditions of our BearFitness.uk gift cards at any time. This does not affect your legal rights. Use of your BearFitness.uk gift card constitutes acceptance of our Terms and Conditions and we therefore recommend you read them carefully. BearFitness.uk gift cards remain the property of BearFitness.uk who maintains the right to cancel the card in situations where it is deemed necessary to do so.
The value of your BearFitness.uk gift card can be redeemed online at BearFitness.uk. The gift card balance cannot be exchanged for cash or redeemed against the purchase of another card. Please note BearFitness.uk gift cards cannot be used in any BearFitness.uk stockists, or to purchase BearFitness.uk products on Amazon.
Purchase of Gift Cards cannot be refunded.