PERIUM Fitness Ltd
STANDARD CONDITIONS OF SALE
- Any business transaction entered into by PERIUM Fitness Ltd (PERIUM) for the distribution of goods and services is subject to these conditions. No other terms of conditions will be implied. By using the services of PERIUM, you accept and agree to be bound by the terms and provision of this agreement, unless agreed in writing by a PERIUM senior staff member (Director).
- All advertising content within online website, brochures or catalogues including images, drawings, descriptions of products, illustrations, CAD, videos are for approximate informational purposes only.
- All orders must be sent in writing including products name and product codes or via online website shop. No orders will be processed by PERIUM if left solely via a telephone, answer machine or verbally in person.
- Goods will be invoiced in accordance with the price stated on the online shop or official estimate sent by PERIUM.
- Any additional cost incurred including delivery or installation, will be added to the estimate or invoice.
- VAT will be charged in addition to the price of the product or service and will be clearly identifiable on the estimate or invoice at the current rate.
- Any products purchased via PERIUM’ online shop or in writing must be paid for in full at time of order before products will be released for shipment.
- If purchasing a bespoke custom-made rig including metalwork accessories; a non-refundable 50% deposit will be paid at time of order. The remaining balance will be due one day prior to the installation date. In the event of a late payment or default payment, PERIUM reserves the right at any time to impose a late payment charge of 3% above the base lending rate of BARCLAYS bank current at the time, accruing on a daily basis, of the overdue amount, or hold the remaining goods within PERIUM‘ warehouse until the full payment is received.
- In the event that final payment is not being received prior to installation date, PERIUM has the right to cancel Installation and impose a cancellation charge of 50% of the installation fee set in the final invoice.
- All goods and services must be paid by provided secure electronic transfer or bankers draft.
- Any goods delivered to customers that are damaged, must be signed for as “DAMAGED” or no claim can be made. PERIUM must be contacted as soon as is possible.
- A maximum 28 day return or exchange of product. If there is no fault with the product, then a collection charge will be incurred, and no refund of initial shipping charge will be made by PERIUM.
- If the product being returned is not damaged, then a restocking fee of 15% of the value of product will be charged.
- Items cannot be returned if they are not in their original packing.
- PERIUM will arrange delivery of goods to the customer by UK mail or other 3rd party delivery service unless otherwise agreed in writing.
- PERIUM can accept no liability due to late delivery due to a 3rd party.
- Products can be collected from the warehouse if prearranged with PERIUM. A shipping cost will not be added to the final invoice.
- If the customer fails to accept the delivery of the goods and does not give adequate information to PERIUM to amend the delivery, then any cost of storing the equipment, insuring and redelivery will be paid by the customer.
- The original shipping cost paid will not be reimbursed by PERIUM.
- In the event the delivery of goods is direct by PERIUM and after every attempt to contact customer the customer fails to take the delivery, then a fee payable by the customer to PERIUM of 45p per mile from the warehouse address to customer delivery address will be payable immediately.
- Prior to installation an agreed commencement time will be agreed in writing by PERIUM and customer. If the customer fails to make the building accessible at the agreed stated time up until 1200hrs and subsequently results in a delay in the installation, the customer will be liable for an increased installation fee.
- If the customer fails to grant access to the installation site up until 1500 hrs on the given commencement date of the installation, then a fee of 45p per mile return journey from warehouse to delivery address will be paid and additional installation charge.
- The area being worked on which will be confirmed by the CAD Drawing must be free from equipment and any other materials not being used in the installation prior to the commencement of the agreed installation start time.
- The area must not be used in any means by members of the public as required by law.
- Once installation is complete and satisfactory form agreed by customer. PERIUM will not be liable by the customer or any 3rd parties for the relaying or movement of any of the equipment in accordance with the CAD drawing or final arrangement left by PERIUM.
- PERIUM will not be liable for any injuries caused to customer or 3rd parties which are caused by equipment being moved in relation to the CAD drawing or any injuries caused by negligence in using the equipment or products provided by PERIUM to the customer.
- Equipment branded PERIUM is covered by a limited 12-month warranty. Warranty terms do not extend to damage arising from improper use, normal wear and tear, improper maintenance, alteration, misuse, negligence, or otherwise not arising from defects of material or workmanship.
- Non-PERIUM, 3rd party products & components will be viewed in conjunction with the manufacturer’s warranty.
- Any products from PERIUM will void original warranty for any of the following reasons:
- Any goods moved to a new location from the original delivery address.
- Any items that have been improperly maintained will void warranty.
- Any products that are tampered with, have any repairs made or modifications made unless by a member of the PERIUM team will void warranty.
- Damage resulting from misuse or neglect.
- Any item deemed to be normal wear and tear.
- Damage resulting from items being used on inappropriate flooring, i.e. concrete, wood or especially hard surfaces.
- Loosening of Multi Disc Dumbbells and Barbells. Regular maintenance is required for these products.
- Any chipping of the painted finish on Cast Iron products, including but not limited to Cast Iron Dumbbells and Kettlebells.
- Any issues with superficial stickers, badges or end caps.
- Damage resulting from throwing or dropping products that are not designed for this purpose, including but not limited to Dumbbells, Barbells and Kettlebells. Bent handles on Dumbbells is a clear sign of abuse and may exclude the product from the warranty.
- Damage resulting from slamming products that are not designed for this purpose, including but not limited to Powerbags, Sandbags and Medicine Balls.
- Pictures of the damaged goods and return of the goods will be requested. If the equipment is faulty and within the warranty, it will be replaced or fixed, the amended equipment will be under the date of the original warranty.
- Some products must be bolted to the floor to be safe to use, these include but not limited to functional training racks, storage, GHD and suspension training fixings.
- Any products purchased as ex competition stock void any warranty.
- PERIUM nor any of its Directors, employees or other representatives will be liable for damages arising out of or in connection with the use of this site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
- PERIUM will not be liable for but not limited to any injuries or loss of earnings caused by in-proper use of our equipment. Independent users are required to ensure equipment is used correctly.
- The customer shall not assign any rights or delegate any duties hereunder and PERIUM reserves the right to subcontract any or all of its obligations hereunder.
- PERIUM reserves the right to amend equipment specifications or prices without prior notice.
- These conditions shall be subject to and construed in accordance with English law and the customer shall submit to the exclusive jurisdiction of the English courts.
- Except as expressly provided in these conditions, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law but where the customer is a consumer the statutory rights of the customer are not affected by these conditions.
- Nothing in these conditions confers or purports to confer any benefit on any third party or any right to enforce any benefit by any third party in accordance with the Contract (Rights of Third Parties) Act 1999.
- Neither forbearance nor indulgence by PERIUM in enforcing any term shall constitute a variation of it or a waiver of any of PERIUM’ rights. Waiver by PERIUM of any term shall not in any way affect the validity of any other terms or conditions. In the event that any provision of any contract would be held to be invalid or unenforceable the remaining provisions shall not be affected. No waiver, alteration or modification of any of the provisions of these conditions or any contract shall be binding on PERIUM unless made in writing and executed by a duly authorised representative of PERIUM.
- The goods shall not be used in any country other than that for which PERIUM was aware that they were ordered except where PERIUM has given its consent in writing and if goods are to be used outside the United Kingdom then the customer shall be deemed to have satisfied itself that such goods comply with the safety regulations of the country or state in which they are to be used and the customer shall indemnify PERIUM in full for any loss or damage whatsoever incurred by PERIUM in the event that the goods are found not to comply with such safety regulations.