TERMS OF SITE
Web Site Terms of Use
All the information on this web site is intended for guidance only. The web site is regularly updated. Products and prices are subject to change without notice. ProActive Fitness owns the copyright in all materials on this site through Aardvark-Digital Ltd.
Privacy Policy
We collect only the basic personal details required to process your order. We will not release your name, address, email address or any other information about our customers to any outside party. We will not trade, resell, sell, or redistribute information that you provide to us, to any other companies, organisations or individuals. On occasion we may forward details of our latest special offers to you via email, if you would like to be exempt from such information please contact us in writing and your details will be removed from our system.
Your information provided to us during the ordering process is protected by 128-bit industry-standard Secure Sockets Layer (SSL) technology to provide encryption of personal information such as your name, address and credit card details. This server encrypts information while it is being transmitted across the Internet so that unauthorised people cannot read it.
Unlawful or Prohibited Use
You shall not use this site for any purpose that is unlawful or by any means prohibited under this terms and conditions. You shall not use this site in any manner, which may harm ProActive Fitness or other parties or adversely affect the site functionality or its use by others. You shall not attempt or obtain from or through this site any information that is not already and intentionally made available from or through it.
Copyright
All contents and information on this site including without limitation text, graphic and images, is the property of Aardvark-Digital Ltd or the property of their respective owners and is protected by United Kingdom copyright laws.
Trademarks
All trademarks that appear on this site are the property of their respective owners.
Rights of Ownership
ProActive Fitness is a trade name of Aardvark-Digital Ltd.
Registered Office: Victor House, Crocus Street, Nottingham, NG2 3DP
Registered in England . Company Registration Number: 04479382
DELIVERIES
Delivery Costs
All prices quoted include delivery to UK Mainland addresses excluding (but not limited to) the following post codes; BT, HS, IV, AB, PH, PA, DD, KW. For delivery locations outside of standard mainland UK locations a surcharge will apply. Please email sales@proactivefitness.co.uk to obtain a quote for your specific delivery area prior to purchase. Orders requiring delivery to a non-standard UK mainland address will not be shipped until full payment has been received, in such instances you will be contacted by a ProActive Fitness agent to obtain the outstanding balance.
Please note delivery schedules to non-standard UK mainland addresses will vary and may take up to 5 days from completion of your order.
Delivery Terms
Delivery constitutes presentation of goods at the specified ground floor premises. Due to Health and Safety regulations drivers are not permitted to enter your premises to assist with installation unless a specific installation service is requested and agreed in advance. If conditions approaching the ground floor premises are deemed unsafe or unsuitable for delivery because of steps or other obstacles we reserve the right for our drivers to either refuse delivery or insist upon completion of the delivery at the nearest safe / suitable location. Should delivery be refused by the driver for any reasons detailed above where the customer has not made sufficient provision to safely take delivery of the goods the full delivery charge will be levied and if the goods are returned a 15% restocking fee will also be applied.
Restricted Access
Due to the size of some delivery vehicles, ProActive Fitness or the authorised carriers delivering on behalf of us must be informed of ANY restrictions regarding access for the delivering vehicles. This includes but not limited to, steps (including those required to climb to gain access to the property entrance), any overhanging/low trees/shrubs, steep 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. ProActive Fitness will not accept any claims for compensation arising from non/failed/refused delivery of any item where we or our carriers 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 & a 15% re-stocking fee will be applied.
Delivery (one man)
All orders are processed and shipped in a timely fashion. Every effort will be taken to ensure delivery occurs at the specified date and or time however no negotiation will be entered into should these projected schedules be deviated from. We reserve the right to change the date of shipment at any time however when this occurs we will endeavour to ensure that delivery is rescheduled for a convenient date / time following consultation with the customer.
Deliveries are conducted where possible on a Next Day service. Next Day refers to Next Working Day (Monday to Friday) with deliveries being conducted between 9AM and 5PM. our couriers are unable to give specific delivery times on standard delivery schedules. Timed deliveries are possible for certain delivery locations however surcharges apply.
For same day shipping it is necessary to receive confirmation of payment prior to 12Midday. IT IS ESSENTIAL THAT AN ABLE BODIED PERSON IS AVAILABLE TO RECEIVE DELIVERY OF THE ITEM AND TO PROVIDE A SIGNATURE AS PROOF OF THE ITEM BEING RECEIVED IN GOOD CONDIDTION. Due to the nature of large / heavy deliveries it is the responsibility of the customer to ensure sufficient personnel are available to assist with transportation of the goods from the delivery vehicle to the place of residence.
Should completion of delivery not be possible as a result of either insufficient assistance being afforded the delivery driver or the delivery address not being occupied at the time of delivery a minimum charge of £20 (per incident) will be made to the customer to cover re-delivery costs. We reserve the right to invoice customers at a later date following delivery if a delivery failure occurs. We reserve the right to amend the charge levied to cover our costs incurred depending upon the circumstances of non-delivery.
No deliveries will be completed on Sundays, Bank Holidays, Public Holidays or between the Christmas and New Year period. Deliveries can be arranged for Saturday AM however a surcharge will apply.
If you have alternative delivery requirements, please contact ProActive Fitness and we will do all we can to assist you.
Delivery (two man)
This service is available on larger or premium priced products (check at time of order). Although the carrier will place the product in the ground floor room of your choice, this is subject to good and safe access. Please note: Due to Health & Safety regulations deliveries above or below ground floor are at the carriers' 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. Please allow at least 10 working days for this service. All deliveries are made Monday - Friday between 9AM and 5PM. Please note it is not always possible to give specific times for delivery if an outside carrier is used.
If it is found that the product 'will not fit' through/round any doors/stairwells and the product is subsequently returned, you are responsible for all outward & return carriage costs furthermore a 15% restocking fee is applicable. If when the carrier arrives with your goods following pre-arrangement there is no-one present to receive them, they will be returned to the carrier's depot, or to ourselves. In this case you will be liable for ALL charges for re-delivery. Please note, if the order is subsequently cancelled, you will be liable for all carriage charges and a 15% restocking fee also.
ProActive Fitness will not be held responsible for any delays/damages due to third party carriers, nor will we entertain any claims for compensation where the carrier fails to deliver at an agreed time.
Any claims for damages to property caused by any third party carrier must be taken up with them directly.
Specific Delivery Dates
ProActive Fitness will aim to deliver your goods upon the agreed date however no guarantees can be made for either the delivery date or delivery time. Furthermore we will not entertain any claim whatsoever for compensation arising from late deliveries.
Installation
If you require installation of a product / products, the time between order & installation may be longer than for that of delivery only. We will always try to arrive on time, but will not be held responsible for late arrival due to unforeseen circumstances.
It is imperative that the space for the product/s has been cleared and that access is unrestricted. If the installer is unable to commence work due to the area not being cleared or access not being available at the agreed time ProActive Fitness reserve the right to charge £25 for every half hour (or part there of) the installation engineer is unable to start work. We must be informed at the time of placing the order where the product/s are to be installed. All prices quoted are for ground floor installations in the main building of the property or a garage at side of the main part of the building. Installations above or below ground floor or outside the main building i.e. an outhouse etc may be subject to surcharge, especially if not mentioned at the time of order. You may be asked to assist the installer to get the product/s to their location; if no help is available then a 2 man installation may be required at extra cost.
ProActive Fitness is within their 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 ProActive Fitness did not measure the area, then ProActive Fitness cannot be held responsible, therefore the customer will incur the cost of the visit. Agreed installation times must be adhered too.
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 additional installation time will also be chargeable at £50 per hour (or part there of).
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.
Order Cancellation/ Refused Deliveries (See also Exchanges/Returns)
You may cancel your order for a full refund prior to your order being shipped. If you cancel your order after it has been shipped you are responsible for any and all freight charges incurred by ProActive Fitness. Any unpaid freight charges will be deducted from your refund. Any products ordered specific to a customers request are not available for the return / refund policy. Furthermore any orders whereby the goods are required to be stored at our premises for a period before shipping will be subject to storage costs should they be returned at a later date, cancelled or refused delivery.
If you refuse to accept delivery of your order for any reason other than the product being damaged in transit, you are liable for all outward and return freight charges incurred by your refusal.
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 & return carriage costs incurred by ProActive Fitness, furthermore a 15% restocking fee is applicable. Please also see 'Restricted Access' terms. We would therefore recommend that you ensure the product will fit and can be transported to its ground floor point of installation easily. If you need to confirm the boxed dimensions of a product please contact ProActive Fitness prior to placing your order.
Shortages or Damages
YOU MUST KEEP ALL PACKAGING. UNDER THE TERMS OF WARRANTY YOU WILL BE REQUIRED TO RE-PACK ALL ITEMS IN THEIR ORIGINAL PACKAGING FOR RETURN TO PROACTIVE FITNESS.
When the delivering carrier brings your order you MUST count the pieces you receive and look for any damage. It is noted on the carrier's delivery note, the number of boxes you should receive. 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 the equipment / packaging MUST be noted on the delivery note next to your signature. THE WORDS “UNEXAMINED” OR “UNCHECKED” WILL NOT BE ACCEPTED AS A CONDITIONAL SIGNATURE. You must cross out “delivered in good condition” from the carrier's delivery note and print ‘DAMAGED' or ‘INCOMPLETE' clearly across it. It is very important to fully check your order. A signature is an acceptance that you have received the whole order in good condition. Any shortages or damages must be reported to ProActive Fitness within 24 hours of signing. Neither ProActive Fitness nor the carrier can be held responsible for shortages or damages if you do not note them on your delivery note. This does not affect your statutory rights in the event of the goods being faulty. All damage and shortage claims must be filed with the carrier; therefore ProActive Fitness is subject to the Carriers terms and conditions. Questions regarding shortages and damages should be directed to ProActive Fitness on 08000 336086 or via email on customerservice@proactivefitness.co.uk
RETURNS POLICY AND GUARANTEES
We guarantee your satisfaction. All of our products come with a no fuss guarantee.
In accordance with the EU Distance Selling Directive, you are entitled to cancel your order at anytime within 7 days of receiving your goods. The cancellation period ends on the expiry of the period of 7 working days beginning with the day after the day on which you received the goods. If you wish to cancel an order under these terms, first contact us and then return your products unopened within 7 days of receiving your parcel. See cancellation policy with regard to refunds available.
Collections/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 use a series of fault diagnostics to establish the likely cause of the issue. Your assistance will be required in responding as accurately as you are able to the questions posed in order to establish the likely nature of the issue. ProActive Fitness will then determine the most appropriate action to be taken depending upon the nature of the issue, the ease of rectification, the size / weight of the package etc. At this point we rely heavily on liaising with the customer to rectify the situation fully. Issues involving cosmetic damage will in all cases be dealt with by using a replacement parts scheme as will some more technical replacements. ProActive Fitness reserve the right to request digital imagery of any areas of cosmetic damage for insurance purposes, this imagery will therefore be required prior to any decision being made concerning rectification of an issue. If deemed appropriate following a series of technical diagnostics it may be necessary to have the item returned to ProActive Fitness, in such cases the goods will be required to be packaged safely and securely for transport. If for any reason the chosen collection agents deem the product unsafe for transport they may refuse collection at their discretion. In such cases the customer will be responsible for all costs incurred.
If collection is required you will be provided with a Return Merchandise Authorisation number (RMA) which must be applied clearly to the packaging. Following return of the product it will be thoroughly inspected at our premises by a technical engineer and appropriate action taken. If a fault is found with the item in question a replacement item will be sent to the customer at the expense of ProActive Fitness. If following inspection no fault is found with the product in question all costs for return will be payable by the customer, the goods will then be returned to the customer. Should the customer decide at this stage they no longer wish to receive the product a refund will be paid based upon the Order Cancellation policy. We reserve the right to apply an additional 15% restocking fee to all such order cancellations.
Exchanges or Returns
You must keep all packaging. You will be required to re-pack any items in the original packaging for return to ProActive Fitness. We cannot accept any items for return that are not in their original packaging unless faulty.
Web Site 7 Day Return Policy
If you are not fully satisfied with your purchase you may return it (in its original packaging, freight prepaid) to us for a refund or credit (less any actual shipping, delivery and/or assembly charges incurred by us, in getting the product delivered to you) within 7days from date after the day of delivery. Please note any free-of-charge items received when purchasing the returned product/s, must also be returned, or paid for in full. No returns will be accepted without prior written authorisation from ProActive Fitness.
In order to return your goods, you must obtain a Return Merchandise Authorisation number (RMA) from us within 7 days of delivery. All returns must be made using the original packaging & must arrive to us in good condition, with freight prepaid. The cancellation period ends on the expiry of the period of 7 days beginning with the day after the day on which you received the goods. You must prepay all shipping charges and insure the shipment, or accept the risk of loss or damage during shipment which you will be liable for.
To obtain a Return Merchandise Authorisation (RMA), please contact ProActive Fitness customer Service department on 0800 336086. We will credit your purchase following inspection of the returned item with an RMA number. You will be liable for any damages or faults found following inspection in addition all shipping costs incurred will be deducted from your refund as well as any repackaging costs incurred. Customers should retain the original packaging material for at least 7 days, in the event an item may be returned to ProActive Fitness. Please note ProActive Fitness will not accept goods returned in non-original packaging.
Any customer refusing to accept delivery of their order for any reason other than the product being damaged in transit will be subject to a 15% restocking fee, and the customer will also be responsible for freight costs both ways incurred by ProActive Fitness.
Please note, the above returns policy only applies to goods purchased and shipped in accordance with the Distance Selling Act. Non-distance sales will only be exchanged at the discretion of the manager.
Responsible Retailing
As a responsible retailer we recognise the importance of promoting a healthier environment through the appropriate disposal of harmful materials. As such we will gladly receive your old machines free of charge when you buy a like model from ourselves.
Buy With Confidence
Your satisfaction is very important to everyone at ProActive Fitness, if you are not satisfied with your order or have questions about your order, please call our Customer Service Department on 08000 336086 between 10AM and 6PM Monday to Friday, or write to:
ProActive Fitness Customer Service Dept. Victor House, Crocus Street, Nottingham, NG2 3DP
