TERMS AND CONDITIONS November 2020
This agreement constitutes the Terms and Conditions between Health2Fitness Ltd & Maximus Life Ltd (trading as Rebound Fitness and hereinafter referred to as “Rebound Fitness”) and its customers (hereinafter referred to as the “Customer”) and apply between Rebound Fitness on all orders of the Customer relating to the supply and purchase of products or services that are sold by Rebound Fitness (hereinafter referred to as “Goods”) and those who access and use Rebound Fitness website www.rebound.fitness (hereinafter referred to as “Website”). The conditions come into force immediately and replace the previous ones. For Goods relating to ongoing subscription purchases (hereinafter referred to as Membership) there are additional Membership terms that apply. Should there be any conflict, these Terms and Conditions take precedence. Health2Fitness Ltd is a company registered to do business in England and Wales – Registration Number 05328340). Maximus Life Ltd is a company registered to do business in England and Wales – Registration Number 8829543. Health2Fitness Ltd and Maximus Life Ltd have a Registered Address of 2 The Pavilions End, Camberley, Surrey, GU15 2LD and a trading address of Rebound Fitness, Unit 48, 24 – 28 St. Leonards Road, Windsor, Berkshire, SL4 3BB.
Customers and Location
These Terms and Conditions apply to individual Customers and to business Customers. If Goods are being ordered from outside the UK, USA or Canada, import duties and taxes may be incurred once your Goods reach their destination. Rebound Fitness is not responsible for these charges and we undertake to make no calculations or estimates in this regard. If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures. As the purchaser of the Goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported. Please be aware that Goods may be inspected on arrival at port for customs purposes and Rebound Fitness cannot guarantee that the packaging of your Goods will be free of signs of tampering.
No part of this Website is intended to constitute a contractual offer capable of acceptance. Your Website order constitutes a contractual offer (hereinafter called an “Order”) and is considered acceptance of these Terms and Conditions. Our acceptance of that offer is deemed to occur upon our sending a dispatch email to you indicating that your order has been fulfilled and is on its way to you (hereinafter called an “Accepted Order”). A commitment to meet delivery dates is not accepted. For Customers who contact us directly we will provide a written quotation by email (hereinafter called a “Quotation”). When the Customer accepts the quotation we will issue an invoice which will include an estimated delivery date with payment terms (hereinafter called an “Invoice”). Our issuing an Invoice will constitute acceptance that we have fulfilled your Order and that agreement is reached regarding estimated delivery dates and contractual payment dates (hereinafter called an “Accepted Order”). A commitment to meet delivery dates is not accepted.
Prices, VAT and Payment Terms
Website prices are quoted in British Pounds (including VAT), USA Dollars (excluding sales taxes) or Canadian Dollars (excluding GST and local sales tax). We may from time to time agree revised pricing and/or delivery address to a location not listed above with a Customer and these are in the form of a Quotation which on agreement with the Customer becomes an Order against which we will Invoice. Payment for Website Orders is due on placement of the Order. Other payments will be due on the date that is stated in the Invoice. Interest on late payment will be charged at 6%. Website payments can be made via Paypal or Stripe on our Website (Paypal or Stripe terms of business for Customers will apply), Klarna offering 3 months interest free payment terms (Klarna terms of business for Customers will apply), or via Bank Transfer, details of which will be on the Invoice. Here is the link to the Klarna terms of business, Klarna’s privacy statement and general information on Klarna https://rebound.fitness/klarna-faq/
Delivery and Transfer of Risk
The Goods are delivered to the address specified by the Customer’s Accepted Order. Delivery is made from Rebound Fitness warehouse and Rebound Fitness reserves the right to make partial delivery if this is considered reasonable by Rebound Fitness and the Customer will not be charged additional costs for this partial delivery. We make every effort to deliver Goods that are in stock on a next working day service for Orders placed before noon or to the agreed Invoice date, but it can take 5 – 10 working days of the Order being placed, or if the Goods are advertised as being on Pre-order then we will alert the Customer of the proposed delivery date as soon as stock is received into our warehouse. Should the Customer wish to cancel an Order for Goods that are on pre-order then they should contact Rebound Fitness at www.rebound.fitness/contact-us and provide Order number details prior to the Pre-order date. Goods are delivered using a third-party courier. They will be delivered between the house of 9am and 5pm. Customer can put special delivery instructions at the time the Order is placed which we will pass onto the third-party courier, however Rebound Fitness cannot guarantee that these will be followed. If Customer is not at home to receive delivery then the courier will leave a card with a number Customer can call to arrange re-delivery on a date that is convenient. The third-party courier will make 2 attempts to deliver before the Goods are returned to Rebound Fitness. Customer will be response for re-delivery & return costs incurred. If Customer cancels the Order and the Goods have already been dispatched then the Customer will be liable to pay the shipping charges. If Goods are delivered with obvious damage to packaging or contents, the Customer should record this in writing on the original delivery note upon receipt, or for major damage then Customer should refuse delivery. The Customer is to notify Rebound Fitness without delay by email to email@example.com with supporting photos and a copy of the delivery note where possible so that Rebound Fitness will be able to evidence with the third-party courier company. Without this proof any liability may be denied. If there has been damage caused by inappropriate handling by Customer during the opening and assembly of the Goods this this does not permit the Customer to claim under the warranty provision. Customer to please read the Instruction Manual and any card attached to the Goods prior to opening and assembly of the Goods. If Rebound Fitness receives no communication from customer within 10 days of delivery regarding any problems with the Goods, then Customer is deemed to have received the Goods in full working order and with no problems. Ownership of the Goods for Website Customers transfers to the Customer on delivery of the Goods. Ownership of the Goods for Invoiced Customers transfers to the Customer on delivery of the Goods, subject to the Customer paying Rebound Fitness the Invoice amount by the agreed Invoice payment date. Should the Invoice not be paid by this date then Rebound Fitness reserves the right to collect the Goods from the Customer and ownership of the goods reverts to Rebound Fitness. The Customer will be required to pay Collection fees and a percentage of the Invoice payment amount depending on the re-sale condition of the Goods.
On receipt of the Goods the Customer should register the Goods for Warranty purposes at the following location: https://rebound.fitness/warranty-registration/ The Warranty terms and conditions, and the warranty periods for the specific Goods can be found on this location: https://rebound.fitness/warranty-registration/ To obtain Warranty services, Customer must contact Rebound Fitness directly via the Website Contact Us page or email firstname.lastname@example.org to obtain a Warranty Authorisation number. Proof of purchase will be requested and required to obtain the Warranty service. Proof of defect in the form of photo/video will be requested and required to obtain the Warranty service in order for Rebound Fitness to determine the most appropriate resolution. For minor defects during the warranty period, Rebound Fitness will send replacement parts with instructions for using. For major defects during the warranty period, Rebound Fitness will offer replacement Goods.
Rebound Fitness aims to always provide high quality Goods that are fault free and undamaged. On occasion however, goods may need to be returned. If you receive Goods which do not match those that you ordered, unless accompanied by an explanatory note detailing the changes, stating reasons for the changes and setting out your options, you should contact us within 10 days to arrange collection and return. Rebound Fitness is not responsible for paying shipment costs. You will be given the option to have the Goods replaced with those ordered (if available) or to be refunded through the payment method used by you when purchasing the Goods. Refunds and replacements will be issued upon our receipt of the returned Goods. If any Goods you have purchased have faults when they are delivered to you, you should notify us within 10 days and should contact us within 28 days to arrange collection and return. We are not responsible for paying shipment costs. Goods must be returned in their original condition with all packaging and documentation. Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods. If any Goods develop faults within their warranty period, we will send a replacement component part under the terms of the warranty. You have a statutory right to a “cooling off” period. This period begins once your order is complete and ends 14 days after the Goods have been delivered. If you change your mind about the goods within this period, please contact Rebound Fitness to arrange to return the goods within 14 days of receipt. Goods can only be returned for this reason if their packaging remains unopened and the Goods can be re-sold, as new, without any additional work on the part of Rebound Fitness. You are responsible for paying shipment costs if Goods are returned for this reason. If you wish to return Goods to Rebound Fitness for any of the above reasons, please contact us using the Contact Us page on www.rebound.fitness to make the appropriate arrangements. Rebound Fitness reserves the right to exercise discretion with respect to any returns under this Agreement. Factors which may be taken into account in the exercise of this discretion include, but are not limited to:
- Any use or enjoyment that you may have already had out of the Goods;
- Any characteristics of the Goods which may cause them to deteriorate or expire rapidly;
- The fact that the Goods consist of audio or video recordings or computer software and that the packaging has been opened;
- Any discounts that may have formed part of the purchase price of the Goods to reflect any lack of quality made known to the Customer at the time of purchase.
Such discretion to be exercised only within the confines of the law.
All Content included on the Website, unless uploaded by Customers, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Rebound Fitness, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws. You may not reproduce, copy, distribute, store or in any other fashion re- use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by Rebound Fitness.
Links to and from other Websites
This Website may contain links to other web sites. Unless expressly stated, these sites are not under the control of Rebound Fitness or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them. Those wishing to place a link to this Website from any other sites may do so only to the home page of the site www.rebound.fitness without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of Rebound Fitness. To find out more please contact here www.rebound.fitness/contact-us.
In all cases of force majeure, including but not limited to wars revolutions, fires, floods or any other natural catastrophes, restrictions arising from a quarantine, embargo, Rebound Fitness is released from adherence to estimated delivery dates without the Customer having the right to withdraw from the contract and/or to assert claims for damages.
Rebound Fitness makes no warranty or representation that the Website and/or Goods and/or Services will meet your requirements. We make no guarantee of any specific results from the use of our Goods or Services. No part of this Website, Goods or Services is intended to constitute advice and the content should not be relied upon when making any decisions or taking any action of any kind. Rebound Fitness offer sustainable exercise and lifestyle products which have been designed to build and maintain long-term fitness, strength and positive eating habits. Before you use any product(s) supplied by Rebound Fitness you must confirm with your doctor that the Goods are suitable for you. If at any time during use of the Goods you feel unwell then you should stop using the products and immediately consult your doctor. All advice, guidance and information offered by Rebound Fitness in whatever form should not at any time be mistaken for medical advice. If you have any medical or dietary queries, then you should consult your doctor or a qualified professional. Nothing on this Website or Goods or Services should be relied upon as a substitute for consulting with a doctor or specialist for guidance, diagnosis or treatment.
Changes to the Service and these Terms and Conditions
Rebound Fitness reserves the right to change the Website, its content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If Rebound Fitness is required to make any changes to Terms and Conditions relating to sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
Limitation of Liability
Rebound Fitness liability is limited to the price of the Goods and only for direct damage and only if the Customer proves that this was caused by gross negligence on the part of Rebound Fitness or those third parties commissioned by Rebound Fitness. Any further liability of Rebound Fitness and third-parties commissioned by Rebound Fitness for damages of any kind is excluded. In particular consequential damages (e.g., loss of orders, lost profit and other indirect damages) is excluded.
Law and Jurisdiction
These Terms and Conditions and the relationship between you and Rebound Fitness shall be governed by and construed in accordance with the Law of England and Wales and Rebound Fitness and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.