The terms and conditions (“Conditions”) set out on this page apply to Elite Sport Performance Technologies Ltd (“we” or “ESP”) and provide the Conditions on which we supply any of our products (“Products”) and services (“Services”). These Conditions must be read before ordering any of our Products or Services. It should be understood that by using this website (“Site”) or by ordering our Products and Services (“Goods”), you agree to be bound by these terms and conditions. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any of our Products or access this Site and any of its pages.
Elite Sport Performance Technologies Ltd is a registered company in England and Wales under company number 7467535, VAT registration number: 124 0523 61, with our registered office at Michael Pearson West Building, 2 Oakwood Drive, Loughborough University, Loughborough, LE11 3QF. www.esp-fitness.com is a Site owned and operated by ESP.
2. THE CONSUMER
2.1 By placing an order on our Site you warrant that you are legally capable of entering into binding contracts.
3. THE CONTRACT
3.1 In these terms and conditions, ESP or one of its associates (“Supplier”), is the supplier and you are the customer (“Customer”).
3.2 You may not transfer, assign, charge or otherwise dispose of a contract (“Contract”), or any of your rights arising under it, without our prior permission.
3.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of Contract.
3.4 Your order constitutes an offer to buy a Product or Service. This may be directly through our Site or following a written Quotation accompanied by these Conditions which must be signed and dated. All orders are subject to acceptance by us, which will be confirmed by a Confirmation Email. Upon confirmation, a binding Contract will exist between parties. Any amendments to this order or cancellations cannot occur without the Supplier’s consent.
3.5 The Customer acknowledges that it has not relied on any statements not set out in these Conditions.
3.6 Any samples, drawings, descriptive matter or advertising issued by the Supplier are to provide an approximate idea of the Products and Services offered and do not hold any contractual force.
3.7 The Supplier reserves the rights to change these Conditions at any time. The amended Conditions will take effect from the 30th day following the date upon the amended Conditions are sent to the Customer.
3.8 You may cancel a Contract for; (i) a Product any time within seven working days, after you have received the relevant products or (ii) Services, any time within seven working days after you receive the Order Confirmation unless you have arranged to receive the service within that time. In which case, you may cancel the Service until 24 hours before receiving the Service. For refund information, please see our Refund Policy (Clause 11).
4.1 The price of any Products or Services will be the price quoted either on our Site or set out in a Quotation (valid for 60 days), except in the cases of obvious error.
4.2 We are under no obligation to provide the Product or Service to you at the incorrect (lower) price if the pricing error is obvious and unmistakeable and could have been recognised by you as mis-pricing.
4.2 Unless explicably stated, prices quoted are excluding of VAT, delivery and installation costs which will be added to the total amount. VAT, delivery and installation will come at an additional cost.
4.3 Prices are liable to change at any time, but these changes will not affect orders where an Order Confirmation has already been sent.
4.4 Payment must be provided by BACS, Paypal or by Credit or Debit Card (Visa, Visa Electron and MasterCard) prior to delivery or installation of goods unless otherwise agreed with the Supplier. If there is a problem with payment, delivery may be delayed.
5. GOODS AND SERVICES
5.1 Orders are accepted for Goods and Services by the Supplier, subject to availability and these Conditions.
5.2 The Supplier endeavours to ensure product images, descriptions, weights and measurements are accurate and fair. No responsibility is accepted by the Supplier for an error in these areas. The Supplier reserves the rights to change or discontinue the specification or design of a product without prior notice. Colour, packaging, and product specification may vary in accordance to manufacturing changes, tolerances and availability.
5.3 All sizes, weights and measurements are approximate.
6. CUSTOMISED AND MADE-TO-ORDER GOODS
6.1 With regards to any order where Products have been customised, bespoke or made to order, the Customer may not amend or cancel the order once accepted (including position where installation is involved).
6.2 Customer requirements must be fully and accurately conveyed to the Supplier prior to the acceptance of the order, at the responsibility of the Customer. The Supplier accepts no costs, expenses, damages or delay in delivery or installation suffered or incurred by the Customer as a consequence of inaccuracies in a Customer order.
6.3 All designs created in respect of any installation are subject to Intellectual Property Rights (Clause 14) so that the Customer may not use such designs or any designs that the Supplier believes to breach Clause 13. Contracts will be terminated if this Clause (6.3) is breached.
7.1 Your order will be fulfilled by the delivery date set out in the order confirmation. These delivery times vary in accordance with the Goods ordered. If in exceptional circumstances, Goods will not be delivered on the ‘Estimated Delivery Date’, customers will be advised of the intended delivery date as soon thereafter as is reasonably practical.
7.2 The delivery date will be arranged by us and will be based on the delivery address, type of products and other relevant factors. Time of delivery is not of the essence.
7.3 It is the responsibility of the Customer to ensure that appropriate arrangements are in place to accept the delivery on the stated date. For orders involving installations, goods pending installation must be stored in suitable climatic conditions which represent the climate where they will be installed.
7.4 The products will be at your risk from the time of delivery.
7.5 Full payment of all sums due in respect of Products, including delivery charges, must be received before ownership of the Products can be passed over to you (Clause 9.2).
8.1 The Supplier shall install the equipment or flooring in accordance with the contract.
8.2 If the Customer changes a confirmed installation date less than 48 hours before the planned start time; the Supplier may at their own discretion;
8.2.1 Delay the installation subject to an additional cost (including full reimbursement of all travel, accommodation, and other expenses incurred with the anticipation of the contract.)
8.2.2 Cancel the installation and refund the sum equivalent to 50% of the cost of the installation (as per Quotation)
8.3 Customers installation areas must strictly comply with suitable working conditions.
9. TITLE AND RISK
9.1 The risk of goods will pass to the Customer upon completion of delivery.
9.2 Title of goods shall not pass to the Customer until full payment has been received in respect of the Product charges and where applicable, the delivery and installation charges.
9.3 Unless prior agreement has been made between the Customer and the Supplier, if the Customer is unable to provide full payment, for whatever reason, the Supplier and its agents possess the rights to enter the Customers’ premises and take possession of the Goods supplied.
10. DAMAGES AND DELIVERIES
10.1 When signing for the delivery, the Customer is acknowledging that they have received the correct number of items.
10.2 All orders must be checked upon receiving the Goods and before the delivery note is signed. Any discrepancy in the consignment must be reported immediately or within 48 hours at the latest.
10.3 It is the Customers responsibility to ensure that all actions above are followed before signing as mistakes cannot be rectified after the Goods have been signed for.
10.4 If the order is incorrect or damaged the Customer should refuse the delivery or record the discrepancy on the delivery note. If this occurs, the Customer should telephone ESP’s Customer Services Department with full details. It is at the sole discretion of the Supplier as to whether the Good is either replaced or repaired. These reports of damage will not be entertained after the expiration of 48 hours from the time of delivery recorded.
11. RETURN AND REFUND POLICY
11.1 If you wish to return a Product to us, please contact us via our “Contact Us” page or using the details below:
Michael Pearson West Building
2 Oakwood Drive
Phone: +44 1509 606226
11.2 If you return a product to us within the seven day cut off period (Clause 3.8), we will process a full refund due to you as soon as possible, or within 30 days of the cancellation being confirmed. In this case we will refund the full Product Cost and delivery cost. However, you will be responsible for the cost of returning the item to us.
11.3 If you are returning a product that is damaged, this must be made aware to the Supplier upon delivery and in exceptional cases, within 48 hours after delivery (Clause 10.2). In this case, we will examine the returned Product and will notify you of your refund within a reasonable period of time. This refund will be processed as soon as possible, or within 30 days after we have confirmed to you that you are entitled to a refund. Products returned due to a fault will be refunded in full, including Product Cost, Delivery Cost and the cost incurred for returning the item to us.
11.4 Refunds will usually be sent via bank transfer.
12. OUR LIABILITY
12.1 We warrant that any Product provided by us, having been purchased either through our Site or via a Quotation, is of suitable quality and fit for purpose for which the product is suitably designed for. This warranty is not applicable for defects that occur as a result from wear and tear, wilful damage, accident, negligence by you or any third party, if the product is not used in a way that we recommend, your failure to follow instructions, or any alterations or repairs that you carry out without prior written consent.
12.2 Our liability for losses that you suffer resulting from a breach of this contract is limited to the purchase price of the product.
12.3 This does not include or limit in any way our liability;
12.3.1 for death or personal injury caused by the negligence of the supplier
12.3.2 for fraud or fraudulent misinterpretation
12.3.3 under section 2 of the Consumer Protection Act 1987
12.4 We are not responsible for any indirect or consequential losses which occur as a side effect of the main loss or damage even if the losses occur from a deliberate breach of these Conditions. These include:
12.4.1 loss of revenue or income;
12.4.2 loss of business;
12.4.3 loss of profits or contracts;
12.4.4 loss of anticipated savings
12.4.5 loss of data
13. EVENTS OUTSIDE OUR CONTROL
13.1 Our liability (Clause 12) and responsibility does not include any failure to perform, or delay of performance, or failure to meet any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
13.2 A Force Majeure Event includes any act, event or non-happening, commission or accident beyond our reasonable control and includes particular (without limitation) the following:
13.2.1 Strikes, lock outs or other industrial action
13.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
13.2.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
13.2.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
13.2.5 Impossibility of the use of public or private telecommunications networks.
13.2.6 The acts, decrees, legislation, regulations or restrictions of any government.
13.3 Our performance under any Contract is deemed to be suspended for that period in which that Force Majeure Event continues.
14. INTELLECTUAL PROPERTY RIGHTS
The Customer acknowledges that all intellectual property rights in the Goods or Services (eg. product design, flooring design, gym design) whether registered or unregistered and including equivalent form forms of rights for example patents, trademarks, rights to inventions, utility models, prototypes, copyright, service marks, trade, business and domain names, belong to and are the sole property of the Supplier. The Customer agrees to not use the same unless a license has been granted within a Contract by the Supplier.
15.1 These Conditions, including the documents referred to, supersede all period representations, understandings, agreements and contracts between Customer and the Supplier and sets forth the entire agreement and understanding between the Customer and Supplier whether oral or in writing.
15.2 This Contract represents an accurate account of the Conditions between the Customer and Supplier.
15.3 Any Contract between the Supplier and Customer is intended to, or shall be deemed to constitute a partnership or joint venture of any kind between the parties, nor constitute any party the agent of another party for any purpose.
15.4 If we fail to, at any time during the Contract, act upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any rights or remedies to which we are entitled to under the Contract, this does not constitute a waiver of such rights or remedies and will not relieve you from compliance of your obligations. To take effect any waiver must be in writing and signed by an authorised signatory of the Supplier.
15.5 We have the right to amend these terms and conditions from time to time (Clause 3,7).
15.6 This Contract, and any dispute or claim arising from, in connection with it or its subject matter, shall be governed by and in accordance with English Law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales .