Terms and Conditions

ETM Fitness can only accept orders for products based on the following terms: 

In the event of any conflict of inconsistency between these Terms and Conditions of Trading, and the terms of your order, these Terms prevail, unless agreed by us in writing. No alterations to your order will be recognised by us unless requested by you in writing and confirmed by us in the same way.

No order shall be deemed as accepted by ETM Fitness until confirmation of the order via an official acknowledgement has been sent.

Time for delivery is given as accurately as possible, but is not guaranteed, and is subject to extension to cover delay caused by unforeseen circumstances or situations beyond our control.

Colours, packaging and product specification may vary according to manufacturing changes, tolerances and stock availability. All descriptions and particulars furnished in price lists, literature and other documents issued by us are as accurate as possible, but are supplied for general information only and are not to be treated as binding unless specifically confirmed in writing. Any performance figures by us are based upon our general experience and best knowledge. ETM Fitness are not able to accept liability based on this information unless we specifically guarantee them in writing.

Order cancellations after delivery, and/or after delivery and installation, cannot be accepted and payment must be made in full. See ‘Returns’ for full details.

We reserve the right to charge storage where the customer delays installation after the date of installation requested by the customer.

Where the buyer had committed an Act of Bankruptcy (or where the buyer is a limited company, a Receiving or winding up Order has been made with respect of that Company) and property in goods the subject of this contract has not passed to the buyer but remains with seller, the buyer shall, within twenty one days of such Act or Order, give notice in writing of the same to the seller and shall afford the seller reasonable opportunity and access to repossess the said goods.

The property in the goods shall pass to the customer only upon being paid in full and until the property has so passed, the customer shall not charge or dispose of the goods and will at his own expense keep the goods safe and insured against customary and satisfactory commercial risks. Until the property in the goods have so passed, the buyer shall return the goods to the seller on demand and the seller shall without prejudice to any other rights be entitled to go upon the property of the buyer and repossess and remove said goods.

Claims in respect of alleged faulty goods shall not be a ground for withholding payment of accounts and shall not give the customer any right to set off against payment due to the Company. If part of a consignment is not received, this shall not be grounds for withholding payment for the remainder of the invoice on which these goods appear.

Where the Buyer is deemed to be a business, this contract is to be interpreted according to UK law and the parties agree that the UK courts shall have exclusive jurisdiction for the settlement of any dispute arising out of this agreement. Where the Buyer is a consumer this contract is to be interpreted according to UK Law. ETM Fitness shall also have the right to file suit against the Buyer either in the UK court or wherever the Buyer is domiciled or has a registered and/or branch office. In any event, the parties irrevocably agree that proceedings issued out of the said courts may, without prejudice to the rules of service of any court or jurisdiction, be served by delivering such proceedings in an envelope addressed to the party to be served at the address for such party set out in this contract or otherwise notified by that party to the other. 

All images, video, text or other material provided by ETM Fitness remain the sole property of ETM Fitness and are not to be used in any other situation without prior written approval, unless such images, video or text are readily available in the public domain.  

ETM Fitness full terms of business should be read in conjunction with the following sections on our website.


Warranty

The warranty for equipment is valid subject to normal and responsible use and conditions and correct assembly of the product during the warranty period.

The warranty period extends to the original purchaser only. It is not transferable to anyone who subsequently purchases the product from you.

FTS Warranty:

Welded Frames – Lifetime Warranty

Cardio Lines – 2 years warranty when registered under home use

Cardio Lines – 1 year warranty for light commercial use

All other equipment – 1 year warranty

 

FTS Warranty Notes and Exclusions:

Bars - Weight lifting Bars are warrantied for Structural Integrity and for any manufacturing defect but not for bending through dropping or excessive loading of weight. Weight Loading Tolerances must be adhered to. The external bar finish in paint or chrome is not automatically warrantied and any claim will be treated on an individual basis.

Bearings/bushings – 5 Year Warranty

Boxing – BBE Boxing products offer a 12 month warranty when purchased for an individual for personal use, when purchased for a multi user environment then a 90 day warranty applies

Cross-Fit – York products sold into a CrossFit environment are covered under our standard 12 month warranty terms. Due to the nature of some of the CrossFit training practices any product claim will be based upon manufacturing defect only and should be discussed on an individual merit with your local York representative.

Dumbbells – are warrantied against manufacturing defect but not through misuse. Correct Dumbbell racks should be used to maximise the damage limitations as the Dumbbell finish in Urethane, Rubber, Paint or Chrome is not automatically warrantied if damaged.

Rubber Medicine Balls – York Medicine Balls are warrantied against manufacturing defect but not through misuse. These balls are not to be confused with Power Slam Balls and not to be used accordingly.

Upholstery – 12 Month warranty covers wear-through and stitching.

Weight Plates – are warrantied against manufacturing defect but not through misuse. York plates are designed for Olympic Weight Lifting purposes and for Plate loaded machinery. Any non- static lifting techniques and dropping of the weight plates and bars is deemed as incorrect use and will not be supported by our warranty terms.

 

The warranty applies in the United Kingdom to products sold by York Barbell (U.K.) Ltd. under the York and BBE brand names. The warranty excludes normal wear and tear on parts. Your sales receipt, showing the date of purchase of the product, is your proof of the date of purchase. This warranty becomes valid only if the Product is assembled / installed according to the instructions / directions included with the product. This warranty does not extend to any product that has been damaged or rendered defective: (a) as a result of accident, misuse, abuse or lack of reasonable care; (b) by the use of parts not manufactured by York Barbell or sold by York Barbell; (c) by modification of the product; (d) as a result of service by anyone else other than York Barbell or an authorised York Barbell warranty service provider.

During the warranty period York Barbell (U.K.) Ltd. will at no additional charge provide replacement part(s) or repair the product (at York Barbell’s option) if it becomes defective, malfunctions or otherwise fails to conform with this warranty under normal, non-commercial, personal, family or household use. In repairing the product, York Barbell may replace defective parts or at the option of York Barbell, use serviceable used parts that are equivalent to new parts in performance.

All exchanged parts and products replaced under this warranty will become the property of York Barbell. York Barbell (U.K.) Ltd. reserves the right to change manufacturers of any part to cover any existing warranty. If the product must be returned, you must return the Product or defective part to York Barbell (U.K.) Ltd in its original container (or equivalent) with Proof of Purchase.

Any evidence of alteration, erasing or forgery of proof of purchase documents will be cause to void this warranty.

You must prepay any shipping charges and you are responsible for insuring any product or part that is returned. Should any product submitted for warranty service be found to be ineligible, an estimate of repair cost will be furnished and the repair will be made if requested, upon York Barbell’s receipt of payment or acceptable arrangement of payment.

Under no circumstances will returns be accepted without return authorisation by our Customer Service department. To obtain warranty service you must provide the following information: Name of Product, Product Code, Batch No, Date Purchased, and Nature of fault or part number required. Neither dealers of this product nor any retail establishment selling this product has any authority to make any warranties or to promise remedies in addition to, or inconsistent with, those stated above. This warranty does not affect your statutory rights.


Delivery and Installation

 

For our full Terms and Conditions, see below.

Order Cancellations / Refused Deliveries

You many cancel your order for a full refund prior to your order being shipped or ordered from the manufacturer, though if any costs have been incurred they will be deducted from your refund.

 If you cancel your order after it has been shipped, you are responsible for any and all freight charges incurred by ETM Fitness. Any unpaid freight charges will be deducted from your refund.

If you refuse to accept delivery of your order for any other reason than the product being damaged in transit, you are liable for all outward and return freight charges incurred by your refusal.

 Please note that it is important for you to check that the carton size and dimensions of your chosen product will fit in the place of destination. If it is found that any of the larger products upon delivery ‘will not fit’ through any doors/stairwells and the product is subsequently returned/refused, you are responsible for all outward and return carriage costs and a 15% re-stocking fee is applicable.

Restricted Access

Although our carriers are equipped with detailed road maps of every area of the UK mainland, it is important that we have any further information that would make your home/business easier to locate.

 Due to the overall size of some delivery vehicles, ETM Fitness or any carriers delivering on behalf of us must be informed of any restrictions regarding access for the delivery vehicle. This includes, though not limited to, steps (including those required to climb to gain access to the property entrance), trees, shrubs, steeply inclined driveways, narrow lanes, tight bends or any other restrictions that may make it difficult for the delivering vehicle to gain access to the point of delivery. ETM Fitness will not accept any claims for compensation arising from non/failed/refused delivery of any item where the carriers or ETM Fitness were not made aware of any points regarding access restrictions. In the event that the item is refused/cancelled due to these restrictions, the customer is liable for all carriage charges and a 15% re-stocking fee will be applied. We would therefore recommend that you ensure the product will fit and can be transported to its ground floor point of installation easily. Please find the total ‘boxed’ dimensions for each product listed within the ‘Shop’ section of the website.

Delivery Terms

Please note: Due to Health and Safety regulations upstairs deliveries are at the carrier’s discretion and are not guaranteed. This includes, but not limited to, steps that are immediately outside the premises, which are required to climb in order to gain access to the property.

Due to health and safety regulations, upstairs deliveries/installations are at the discretion of the carriers.

Late Deliveries

We or our carriers will always try to arrive on time, but will not be held responsible for late arrival due to unforeseen circumstances.

Installation

If you require installation of the product (chargeable service), the time between order and installation may be longer than for delivery only, though we always try our hardest to install as soon as possible. We will always try to arrive on time, but cannot be held responsible for late arrival due to unforeseen circumstances.

Adequate parking / vehicle access must be provided by the customer. Any charges incurred by the installer for parking etc. will be chargeable. If the installation time is extended by there being inadequate parking /access then the extra time will also be chargeable

It is the customer’s responsibility to check that the installation has been carried out to their satisfaction. If the customer is not present when the installation is completed the installation will be deemed as completed to the customers satisfaction. Any subsequent visits that may be required will be chargeable at the same rate as the first visit. 

ETM Fitness is within its rights to refuse any installation if the installer deems the installation location to be hazardous or the request unreasonable.

If the product does not fit into the area where the installation is requested and a representative of ETM Fitness did not measure the area, then ETM Fitness cannot be held responsible, therefore the customer will incur the cost of the visit. Agreed installation times must be adhered to.

Please provide any further details or information that you think might be useful in making delivery and/or installation easier.

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Two Man Deliveries 

This service is available on larger or premium priced products. (Please check at time of order.) Subject to good and safe access, the carrier will place the product into the ground floor room of your choice. Please note: Due to Health & Safety regulations deliveries above or below ground floor are at the carrier's discretion and are not guaranteed. This includes steps that are immediately outside the premises and are required to climb in order to gain access to the property

Short deliveries and damage to packaging

When the delivering carrier brings your order, you must count the boxes you receive and look for any damage to the packaging. The number of boxes you should receive is noted on the carrier's delivery note. If the number of boxes you receive does not exactly match the number of pieces on the carrier's delivery note, you must note the number of pieces you received on the delivery note by your signature. Damage to packaging must be noted on the delivery note next to your signature.

 A signature is an acceptance that you have received the whole order and that the packaging was in good condition.

Collection of faulty products:

In the event of an item being received that either develops a fault (proof of purchase will be required) or is found to be faulty upon delivery, we will arrange to have this item collected free of charge or for an engineer to call to repair, at the discretion of the manufacturer.

 Items for collection must be packed in secure appropriate packaging and be made available for collection by our carriers within 24 hours of you notifying us they are faulty.

 If when the carrier arrives to collect the goods, they are found not to be available/ready, a charge, which will be payable by you, will be made for the carrier to recollect.

Once the items are received at ETM Fitness, we will inspect the product(s) and arrange to send out a replacement product if necessary. Please note that if we do not find the product to be faulty on its return to us, we may send this item back to you and all delivery charges will be payable by you. Please note that if proof of purchase cannot be shown, then we reserve the right to charge for any/all repairs.


Returns & Refunds

IT IS ESSENTIAL THAT YOU KEEP ALL THE PACKAGING. YOU MUST RE-PACK ALL ITEMS IN THE ORIGINAL PACKAGING FOR RETURN TO ETM FITNESS. WE CANNOT ACCEPT ANY ITEMS FOR RETURN THAT ARE NOT IN THEIR ORIGINAL PACKAGING UNLESS DEEMED TO BE FAULTY BY ETM FITNESS OR ONE OF OUR ENGINEERS

If within 14 days from the day after you receive your shipment, you wish to return or exchange an item, call us on 01483 813 199 between 9am and 5pm Monday to Friday, to obtain a Return Authorisation Number. (No returns or exchanges will be accepted without this authorisation number). Once you receive this number, please make arrangements to send back the piece(s) you need to exchange or return to arrive back at ETM Fitness within 7 working days. All returns and exchanges must be shipped back pre-paid, unused, disassembled and arrive in ‘as new’ condition in the original packaging.

You will be charged for items received back that when inspected are found to have been used or built.

Shipping and handling charges on returns are the responsibility of the customer and are not refundable.

A re-stocking charge of 15% of the total value of the goods will be applied.

Any customer refusing to accept delivery of their order for any reason other than the product being damaged in transit will be subject to paying the return carriage cost incurred by ETM Fitness.

Please note, goods purchased from our showroom or that are ex-demonstration models are exchanged at the managers discretion.

You many cancel your order for a full refund prior to your order being shipped or ordered from the manufacturer, though if any costs have been incurred they will be deducted from moneys received.

Refunds will be issued within 7 days of receipt of returned goods subject to the conditions as detailed in this section. You can expect to receive your cleared funds within a maximum period of 6 further working days.