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    Terms & Conditions

    Total Gym UK

    1.1.  www.totalgym.co.uk (the “website”) is owned and operated by Brand Developers Limited VAT Number 245 862 386 Auckland, New Zealand (c/- 49 Greek Street, London, United Kingdom, W1D 4EG) (“we”, “us” and “our”).  

    NOTE: Do not send any returned goods to the above address. 

    1.2. By accessing, using or browsing this website you agree to be bound by these Terms and Conditions, the Privacy Policy and all other terms contained on this website (“Terms”). If you do not accept the Terms cease using this website. 

    1.3. We reserve the right to amend the Terms from time to time. Amendments will be effective upon upload to this website. Please check these Terms every time you use our site, to ensure you understand the Terms that apply at that time, as your continued use of the website following such notification will represent an agreement by you to be bound by the Terms as amended. 

    1. Contract, Payment and Delivery

    2.1. A contract for the sale and purchase of goods will only be formed with you if we, at our discretion, accept an order for goods from you. Acceptance will be by way of us notifying you that we are dispatching for delivery from our facility to you, the goods that you ordered. We may send you an order acknowledgement, but this will not constitute acceptance of your order. We may at our discretion reject an order for goods (in which case we will refund any amounts paid by you in respect of those goods). We may reject your order due to the goods being unavailable, our inability to obtain payment authorisation, identification of a pricing error or for other reasons. 

    2.2. Unless we have agreed with you otherwise, goods will be delivered after you have paid the purchase price in full or, if applicable, the ‘Risk Free Trial’ price. We will charge your credit card at the point of dispatching the goods to you. If you have utilised the ‘Risk Free Trial’ price, your card will be charged for the full price at the end of the ‘Risk Free Trial’ period. However, if we agree with you that payment will be made by way of periodic instalments, the goods will be delivered after you have paid the ‘Risk Free Trial’ Price or the first instalment of the purchase price. If we agree to deliver goods to you prior to receiving full payment of the purchase price, title of the goods will pass to you on delivery.  If we agree to deliver prior to full payment has been received Brand Developers Limited will take a charge over the goods until the last instalment is paid (see 2.4 and 2.5 below for additional information about payment by periodic instalment). 

    2.3. We will deliver the goods to the address provided by you when you placed your order and at a time determined by us. We shall endeavour to notify you when we anticipate the goods will be delivered, however time shall not be of the essence for delivery, and we shall have no liability to you for any changes to delivery times.  

    Unforeseen delays to delivery caused by COVID-19 may also occur.   

    2.4. If we have agreed at the point of sale with you that payment will be made by way of periodic instalments, then the periodic payments must be paid as and when due.  This is via a regular withdrawal from the card or account that you have nominated.  If your financial circumstances and your ability to make payments as agreed change, please contact us!  
     
    2.5. Should you fail to remedy overdue payments, all current and future debt becomes due and payable. We reserve the right to send the full amount of all debt to a collection agency or list as a default with a credit reporting agency. You will be liable for any reasonable enforcement costs incurred by us and passed on to you in the collection of the debt. 

    1. Return of Goods Policy 

    3.1.Unless purchased at a clearance rate (80% or more off the full price), our goods are sold subject to a 30-day money-back guarantee (and in some cases, an additional money back guarantee period or ‘Risk Free Trial’ period may be agreed with you). A ‘Risk Free Trial’ and 30-day money-back guarantee give you the opportunity to return the Product within the trial or money-back guarantee period If your purchase is subject to our ‘Risk Free Trial’ or 30-day money-back guarantee and you wish to return your goods to us, you must firstly notify our Customer Care Team within 30 days of receiving the product(s)They will issue you with an RMA (Return Merchandise Authorisation) and advise you how to return the productFurther details of our money back guarantee and Risk Free Trial’ can be found below or by contacting our Customer Care Team at any time.

    Customer Care Team Contact Information:
    Email 24/7: customerservice@branddevelopers.co.uk
    Phone: Monday to Friday 8:30am – 5:00pm GMT:
    UK Phone No.: 0800 112 0666
    Ireland Phone No.: 1800 827 847

    3.2. When returning the goods, you must quote your RMA. In addition, the following conditions apply to the return of all goods:

    (a) All goods must be returned to us by traceable delivery service and attaching your Return Merchandise Authorisation Number (RMA) to the outside of every package being returned to us. Customers should note that our inwards goods and receipts depots are designed to receive courier and postal deliveries only.  The return address is in the Product Manual and will also be notified and confirmed to you by our Customer Care Team when you contact them for your RMA. 

    Please note: Do not write anything (including your RMA details) directly on product packaging.  The RMA details must be written on a separate piece of paper and attached to the packaging. 

    You must meet the costs of returning all goods unless we agree otherwise and subject to any other statutory obligations.  Goods must be received by Brand Developers within the prevailing terms and conditions of the Return of Goods Policy. We will have no liability in respect to goods received outside the relevant period. 

    Please note: your RMA is NOT your Product Order Number. You obtain an RMA by emailing or calling our Customer Care Team. 

    (b) Goods must be returned at your cost fully disassembled and in a clean and as-new condition in their original packaging (including all labels and tags intact). Where goods are returned in damaged packaging or showing signs of excessive use, we will pass on to you any reasonable costs we incur in remedying the goods to a clean and as-new condition by deducting these costs from any purchase price refund. Soiled or damaged goods will be refused as an unacceptable return at our discretion.  

    (c) All items detailed on the Invoice we provide to you must be returned if a refund is requested, together with any ‘free’ gifts or ‘specials’ included with the invoiced goods, unless advertised otherwise. 

    (d) If you are sending more than one package back to us the RMA must be on the outside of every package sent. 

    Please note: Do not write anything (including your RMA details) directly on product packaging.  The RMA details must be written on a separate piece of paper and attached to the packaging. 

    (e) Any request for an exchange of goods is at our discretion. 

    (f) Refunds are limited to the purchase price paid for the goods. No refunds will be given for postage, processing and handling, delivery costs or insurance charges incurred by us and passed onto you (unless advertised otherwise).

    3.3.Upon receipt of goods returned in accordance with clause 3.1 we will provide a refund of the purchase price only or alternatively, we may consider (but are not obliged to) exchanging the goods if you so request. 

    3.4. Brand Developers will NOT refund any returned product(s) received outside of our Return of Goods Policy. If you have returned goods outside the timeframes in our Return of Goods Policy, you may, by contacting us, elect to have such goods returned back to you, provided that we reserve the right to charge for postage and handling, as well as an administration/processing fee. 

    1. Damaged Goods

    4.1. Risk of loss or damage to the goods passes to you upon delivery. If the goods have been damaged while in your care for reasons not related to their state or condition when we delivered them to you, we do not accept any liability in relation to the goods and will be under no obligation to replace the goods or refund any amount already paid by you for the goods.  

    4.2. You must notify us as soon as possible, and in any case within 24 hours, if your goods are damaged upon delivery. We may ask you to provide evidence of the damage and we may also ask you to return the goods to us for inspection. If we are satisfied (acting reasonably) that the goods were damaged on delivery we will either replace or refund you for the price of the goods. If we refund you the price of the goods, we shall not refund you for any enhanced delivery costs selected by you, such as a faster delivery service.

    1. Your legal right to cancel

    You have the legal right to cancel your order within 14 days from the date of receipt of the goods. This right does not extend to any goods that are made to measure or personalised or which are liable to deteriorate or expire rapidly. In order to exercise this right you must clearly notify us that you wish to cancel your order and provide us with your name, address and details of the order you wish to cancel.  You can cancel your order by:  

    or

    • Calling us Monday to Friday between 8:30am and 5:00pm GMT on:

    UK Phone No.: 0800 112 0666
    Ireland Phone No.: 1800 827 847

    The Customer Care Team will provide you with an RMA. 

    In addition, you also must return the goods to us within 14 days of notifying us of your intention to cancel. You must include the RMA on the outside of the packaging with your return in order for us to identify your return. 

    Please note: Do not write anything (including your RMA details) directly on product packaging.  The RMA details must be written on a separate piece of paper and attached to the packaging. 

    You must return cancelled goods to us at your own cost.  We will refund you the amount you have paid for the cancelled goods price provided you have notified us within the statutory 14 days from receipt of your goods and returned the goods to us as outlined above. We will not refund you postage, processing or handling, or for any additional services such as Priority Processing. 

    All eligible goods returned for refund as outlined above must be in a clean and as-new condition and re-packaged (preferably in the original box) and returned to the address given in the Product Manual after confirming with our Customer Care Team when contacting them for an RMA. 

    We may make a deduction from your refund for loss of value in the goods as a result of avoidable handling by you. 

    Brand Developers can only refund returned items where you the customer have contacted our Customer Care Team for an RMA, which is then attached to the outside of the goods being returned (not written directly onto original packaging). For the avoidance of doubt, the risk in returning the goods to us lies with you.

    We highly recommend you use a tracked delivery service and that you retain your receipt in case your goods are lost, and you need to make a claim against the carrier.  

    Nothing in these Terms affects your statutory rights as a consumer. 

    In addition to these statutory rights please note you may have available to you our 30-day money-back guarantee (subject to terms and conditions).  The terms and conditions of this 30-day money-back guarantee are found under our Return of Goods Policy at Paragraph 3 above.

    1. Limitation of Liability and Jurisdiction

    6.1. Legislation such as the Consumer Rights Act (2015) may apply to these Terms warranties, or conditions or impose obligations which cannot be excluded, restricted or modified and we will comply with such warranties, conditions or obligations. 

    6.2. All other conditions, warranties, representations, liabilities, and obligations, whether implied or imposed by statute, including any conditions or warranties as to merchantability, fitness for purpose or correspondence with description are excluded to the extent permitted by law. 

    6.3. In the event that we breach our obligation referred to in clause 6.1, to the extent allowed by law, our liability is limited to any one or more of the following, at our election: 

    (a) a refund of the price paid for the goods; 

    (b) the replacement of the goods or the supply of equivalent goods; 

    (c) the repair of the goods; 

    (d) the payment of the cost of replacing the goods or acquiring equivalent goods; or 

    (e) the payment of the cost of having the goods repaired. 

    6.4. Subject to the terms of any warranty statement that was included with the purchase of your goods, our total liability under these Terms is, to the extent permitted by law, expressed in this clause 6 and we will under no circumstances be liable to you for any loss, damage, liability, expense or cost (whether direct or indirect) incurred by you or any other party resulting directly or indirectly out of the supply by us to you or out of any breach by us of these Terms or out of our negligence. In no case should said liabilities exceed the purchase price. 

    6.5 Nothing in these Terms shall be construed as limiting our liability for death or personal injury caused by our negligence or for any other matter that cannot be excluded by law. 

    6.6. Nothing in these Terms shall exclude or modify any conditional warranty implied by law where to do so would render these Terms void. 

    1. Disclaimer

    7.1. Except as required by law, we will not accept liability to you in respect of any loss or damage (including indirect, special, or consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in respect of:  

    (a) your use of this website; 

    (b) any loss arising out of your use of, reliance on or failure to act, on any information contained on or accessed through this website; 

    (c) errors, mistakes or omissions on this website; 

    (d) goods or services supplied pursuant to an order placed on this website; and/or 

    (e) any failure or omission on our part to comply with our obligations as set out in the Terms. 

    7.2. Our liability to you for loss or damage of any kind arising out of these Terms, or your purchase or use of any goods or product will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.  
     
    7.3. This disclaimer does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded. 

              8. Specific warnings

        8.1. You must ensure that your access and use of this website is not illegal or prohibited by laws which apply to you.  
         
        8.2. You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this website.  
         
        8.3. You acknowledge that despite all reasonable precautions on our part, there is a risk of unauthorised access to or alteration of your transmissions of data or of information contained on your computer system or on this website. We do not accept responsibility or liability of any nature for any such losses which you may sustain as a result of such activity.  
         
        8.4. We do not accept any responsibility for malfunctions to computer systems, hardware or software, or for other errors, failures, or delays in computer transmissions or network connections or for lost, late, mutilated, illegible, incomplete or misdirected information. 

              9. Restricted use

        9.1. You are provided with access to this website only for your personal and non-commercial use and you must be 18 years or older.  
         
        9.2. You may not interrupt or attempt to interrupt the operation of the website in any way or use the website in a manner that adversely affects the availability of its resources to others.  
         
        9.3. You may not use the website for any illegal purpose or in any manner that is inconsistent with the Terms.  

        1. Linked Websites and Cookies

        10.1. This website may contain third party advertisements and links to other websites, including websites operated by third parties (“linked websites”). We are not responsible for the content or privacy practices associated with linked websites or third party advertisements. 
         
        10.2. We may use cookies to gather data in relation to this website and you consent to us doing so.

        1. Intellectual Property

        11.1. Copyright in this website (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. You may not in any form or by any means:  

         (a) adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or  

        ( b) commercialise any information (including but not limited to images, text, videos or sound recordings), goods or services obtained from any part of this website, without our prior written permission.  
         

        11.2. You may not use of any trade marks appearing on the website, without the written permission of the trade mark owner. 

        1. Data Protection / Privacy Policy

        We handle the personal data we collect or process in line with applicable laws, including the General Data Protection Regulation. Please refer to our Privacy Policy HERE

        1. General

        13.1. All prices on the website are quoted in British Pounds.  
         
        13.2. These Terms are governed by the laws in force in England. You agree to submit to the exclusive jurisdiction of the English Courts.  
         
        13.3. We are not liable for any delay or failure to perform our obligations if such failure or delay is due to any cause outside of our reasonable control, including delays caused by COVID-19.  
         
        13.4. If any of the Terms are held to be invalid, unenforceable or illegal for any reason, the remaining terms shall nevertheless continue in full force.  

        13.5. Due to continued product enhancements, product image may differ slightly from product purchased. 

        13.6. Please note that data charges may apply when replying to SMS

        1. Online Discount and Promotional Offers/Events

        14.1. Online Discount and Promotional Offers are only valid during the period of sale stated on the site (subject to availability). Discounts cannot be used in conjunction with any other discount or promotion or be applied retrospectively. We may withdraw Online Discounts and Promotional Offers at any time without notice and we may restrict the number of Online Discount and Promotional Offers that can be utilised. 

        14.2. Online Discount and Promotional Offers are only valid on the website the offer is advertised on. 

        14.3. All prices are as shown on the site. Discounts have already been calculated and reflected in the ‘Was’ price. 

        14.4. All sale items reduced prior to Promotional events will not receive any further discounting. 

        14.5. Discounts may vary depending on the payment terms agreed with Brand Developers for call-in products. 

        14.6. Brand Developers reserves the right to amend these Terms and/or cancel Online Discount and Promotions Sales at its sole discretion. It is your responsibility to check these Terms each time you access the website to ensure you are familiar with the latest version. 

            15. Contacting Us

        If you wish to contact us for any reason you can do so by email or by phone: 

        Customer Care Team Contact Information:
        Email 24/7: customerservice@branddevelopers.co.uk
        Phone: Monday to Friday 8:30am – 5:00pm GMT:
        UK Phone No.: 0800 112 0666
        Ireland Phone No.: 1800 827 847