Term’s & Condition’s

TERMS AND CONDITIONS OF SALE

TERMS AND CONDITIONS OF SALE

  • General Terms
  • Definition of Terms
  • Buying Items and Services (Products/Services)
  • Provision of Goods and Services
  • How to Pay
  • Deposit
  • Delivery and Collection of your Goods and Services
    • Parcels/Pallet curbside delivery
    • Customer collections
  • Delivery and Installation
  • Service of Equipment
  • Repair of Equipment
    • Buy Backs
  • Delay
  • Customer Self-Installation
  • Your Right to Cancel
    • Stock Items
    • Made to Order
    • Services
  • Security
  • Warranties
  • Extended Warranties
  • Ownership of Goods/Transfer of Title
  • Data Protection
  • Complaints
  • Disclaimer
  • Environmental Policy
  • Anti-Slavery Policy

General Terms

Fitness Flooring Direct will be entering into a contract to supply goods and services to its customers. These terms and conditions will apply to every order, unless varied by alternative Fitness Flooring Direct. terms and conditions. The terms and conditions set out provide for such variation. No other terms or conditions shall be included or implied unless previously agreed upon in writing and authorised by an authorised member of staff from Fitness Flooring Direct.

In the event of any conflict or inconsistency between these terms of trading and the terms of any customer order, these terms prevail, unless otherwise agreed by the Fitness Flooring Direct in writing.

Definition Of Terms

Customer Means those customers notified by Staffs Fitness Ltd in writing that they are authorised customers
Fitness Flooring Direct Means Staffs Fitness Ltd. (Registration number 3418160) whose registered office is at Unit 1 Staffs Industrial Estate,
Alan Alfred Avenue, Fenton, Stoke-On-Trent ST4 2LY
Contract Means any contract between Fitness Flooring Direct and the customer for the sale of goods or the supply of service incorporating these conditions
Order acknowledgment Means the written or electronic acknowledgement issued by Staffs Fitness Ltd. accepting a customer order
Goods Means any goods agreed in the contract to be supplied by Staffs Fitness Ltd. to the customer
Stock Items Means generic products or services held in Fitness Flooring Direct warehouse and available for sale
Made to Order Items Means products or services manufactured specifically for a particular customer and to their unique specification. This unique manufacture rendering the product unsaleable for any other customer
Services Means any services performed by Fitness Flooring Direct in accordance with the contract
D and I Means a full survey of the site that the goods are being placed into. Including:  Access points, Doors, Floors, Ceiling Height, Corridor lengths, Parking and any associated restrictions and issues. This survey may be conducted via the telephone or by an onsite visit. On site visits may be chargeable.
Installation Means delivery to the point of access, the placing of the equipment in the required position, the building and commissioning of equipment and brief explanation of start up procedures. Installation does not include the removal of any fixtures and fittings (including existing aperture – doors, windows etc.) nor a full demonstration of the goods. If there is a requirement for the removal of fixtures and fittings to allow installation, this must be arranged through Fitness Flooring Direct or another third party at the customers cost and entirely at the customers own risk
Delivery Means delivery to the curbside and following conditions set down by carriers we use.


Buying Products And Services

No order shall be deemed accepted by Fitness Flooring Direct without an order acknowledgment and means to pay. Only when Fitness Flooring Direct has notified the customer of acceptance of the order shall the contract between Fitness Flooring Direct and the customer be deemed to be made.

Any quotation is made on the understanding that it will be accepted in full. In the event of partial acceptance of the quotation by the customer, a written revised quotation will be sent by Fitness Flooring Direct. to the customer with the understanding that the prices may vary. A quotation is not a formal order and should not be deemed to be acceptance of an order.

Any quotation issued by Fitness Flooring Direct shall be open for acceptance at any time during the validity period shown on the quotation. After the expiration of the validity period of the quotation, the quotation is deemed to have been withdrawn by the supplier Fitness Flooring Direct. But may be honoured or a new quotation issued at the supplier’s discretion.
Submission of a quotation in no way obliges Fitness Flooring Direct to proceed with an order, and they may withdraw the offer of sale at any time with no legal recourse.

Once the customer has confirmed the quotation and Fitness Flooring Direct have converted into a sales order acknowledgment then the order is deemed to be a legally binding commitment to purchase goods or services.

Provision Of Goods And Services

Staffs Fitness Ltd (Fitness Flooring DIrect) will supply to you the Goods and Services described on the order acknowledgement.

How To Pay & Prices

The price for the goods and services are as stated on the order acknowledgement. Any orders purchased through web sites / eBay and any other click to buy channels will be inclusive of VAT at the prevailing rates.

Any orders purchased thorough other sales channels will state net and VAT amount separately.

All prices on Staffs Fitness Ltd. price list are provisional and shall be subject to variation without notice.

Goods and services are invoiced at the price prevailing at the date of dispatch.

Staffs Fitness Ltd reserves the right to amend the price to cover any alterations in labour, raw materials, transport or production costs or changes in foreign exchange rates if completion of delivery is delayed for any reason beyond the control of Fitness Flooring Direct.

Carriage prices with be agreed at the time of quotation and confirmed at the point of sending the order acknowledgement. This includes carriage to every customer destination worldwide.

Deposit

All orders purchased through the Fitness Flooring web site will be charged up front in full.

For any orders purchased through our other sales channels a non-refundable amount may be required when the order is placed. A non-refundable deposit will always be required for products and services supplied on a bespoke make to order basis.

The balance of payment is become due prior to the time of installation or delivery of any order unless other terms are stated in writing by Fitness Flooring Direct. before the date of despatch of the flooring or equipment order.

All goods will remain the property of Fitness Flooring Direct until full payment has been received by either the customer or any nominated third-party leasing company.

If for any reason the customer cancelled their order prior to despatch for any products without any such justification, and Fitness Flooring Direct suffered a monetary loss because of this cancellation then the deposit will not be refunded.

If Fitness Flooring Direct or it’s associated companies, are unable to supply to goods by the agreed date, the deposit will be refunded in full.

If for any reason the customer delayed the delivery or collection of their order, then full payment would be required on the date stated on the order acknowledgement and storage costs maybe then be incurred.

The customer shall make all payments due under the contract without any deduction whether by way of set – off withholding, counterclaim, discount, abatement or otherwise.

If any sum due from the customer to Fitness Flooring Direct. under the contract or any other contract is not paid on or before the due date for payment then all sums then owing by you to Fitness Flooring Direct payment, shall become due for immediate payment.

In the event of no payment Fitness Flooring Direct. shall be entitled to:

Cancel or suspend its performance of the contract or any order including suspending deliveries of the goods and / or

Require you to pay for Goods prior to their dispatch or collection from Fitness Flooring Direct. and /or

Charge you interest of 2% a month or part thereof on monies overdue and to suspend delivery or terminate the contract in respect of any of the equipment remaining undelivered. And /or

The cost of obtaining judgement or payment to include all reasonable professional costs (including legal fees) and other costs of issuing proceedings or otherwise pursuing a debt recovery procedure.

Delivery And Collection Of Your Goods And Services

Goods

Parcels/pallet (Curb-side Delivery)

No goods will be released until all orders are paid for in full and funds are cleared.

Fitness Flooring Direct will aim is to deliver the goods or perform the services within the agreed service level for this standard of service.

Fitness Flooring Direct. shall arrange for the carriage of the equipment to the customer unless otherwise specified in the order acknowledgement.
If for any reason, when goods are received, there is any noticeable damage on the packaging, then the customer should sign for the package as damaged, check the order and if for any reason, there is damage to the product/s inside call Fitness Flooring Direct to resolve the issue.
Photographic evidence will be required in all cases by Fitness Flooring Direct. And return of the product may be required in some circumstances. Fitness Flooring Direct. Also reserves the right to send out one of its engineers to inspect any damage at the customer site. Entry to the customer premises should be allowed.

Packaging damage must be notified to Fitness Flooring Direct head office in e-mail and writing within 48 hours of receipt of the goods. Staffs Fitness Ltd will then process the claim on behalf of the customer.

The equipment shall be at the customer’s risk from the moment of signing for the delivery at the customer’s premises.

Failure to comply with the above will invalidate any damage claim to Fitness Flooring Direct.

Customer Collection

Please note, no goods will be released until all orders are paid for in full and funds are cleared.

Once the order has been placed, a collection time will be allocated to the customer. If for unforeseen circumstances the customer is unable to collect at the agreed time, then they will be required to call Fitness Flooring Direct. to reschedule. 48 hours’ notice must be given for rescheduling.
On arrival to collect the order, the customer will be required to follow on-site warehouse ‘goods out’ rules and restrictions. Visitors will always be supervised and stay within the parameters set out by Fitness Flooring Direct employees.

Any orders collected, will have dispatch documentation with them. This documentation will be signed for by the customer. Goods will not be released with a signature.

Once goods are collected, visitors will be expected to leave the warehouse goods out area promptly for safety and security reasons.

Delivery & Installation

Please note, no goods will be released until all orders are paid for in full and funds are cleared.

Delivery and/or installation dates are estimates only and given in good faith but are not guaranteed.

At the point of placing the order, the customer will be asked to explain the site details for the arrival of the order. Fitness Flooring Direct will provide an installation document to collect the relevant information. No installation will be booked without the documentation being completed and returned.

On the return of the completed documentation, the Fitness Flooring Direct salesperson will finalise the delivery and installation charge to the customer. Once agreed and paid for in full, the delivery and installation will be booked within the agreed service levels.
Two weeks written notice must be given to Fitness Flooring Direct of any change likely to affect delivery for the change to be implemented. This change must be given in writing to the relevant salesperson.

Once the delivery dates are agreed the order will be passed to the Fitness Flooring Direct despatch department and the installation team will be booked to come to complete the job.

If Fitness Flooring Direct arrive at the customer site and information is incorrect to the extent that the job cannot be completed (Requirement for additional resource/time) then Fitness Flooring Direct reserves the right to cancel and rearrange the relocation. The customer will be liable for any costs incurred when a relocation is rearranged.

Any order delivered will require the signature for dispatch and delivery documentation.

Fitness Flooring Direct reserves the right to charge storage where the customer delays installation. This rate will be based on the current industry standard pallet rate.

Part delivery shall be deemed to be a separate contract for the purposes of these conditions. Failure to comply with one or more delivery dates shall not be deemed to be a repudiation of the balance of the contract.

With orders that require installation, Fitness Flooring Direct will deliver to the point where the equipment is required. There will only be a limited amount of wall and floor mounted items that will be installed and fastened to customer surfaces.

Delay

Fitness Flooring Direct aim is to deliver the goods or perform the services within the agreed timescale on the order. However, it is not always possible to do this. Fitness Flooring Direct accept no liability for any incidental expenses caused by late or failed deliveries.

Fitness Flooring Direct or it’s associated companies, shall not be liable for any delay or for any consequence of any delay on production or delivery of any equipment if caused by force majeure (fire, strikes, lockouts, dispute with workmen, flood,  accidents,  delay  in transport,  shortage  of  fuel,  default of supplier,  inability  to  obtain material,  embargo  act  or  demand  of any  government,  government department or local authority as a consequence of war or of hostilities) (whether war be declared or not) or by any Act of God or by any other matter whatsoever beyond the Staffs Fitness Ltd reasonable control.

Customer Self-Installation

1. Scope

These terms apply where flooring products supplied by Fitness Flooring Direct are installed by the customer or by a third-party installer arranged independently by the customer.

By purchasing products from Fitness Flooring Direct, the customer acknowledges and accepts these terms.

2. Customer Responsibility for Measurement & Suitability

The customer is solely responsible for:

  • Ensuring all measurements, quantities, and product specifications are correct before ordering.
  • Checking the suitability of the flooring for the intended use, subfloor condition, environment, and installation area.
  • Confirming compatibility with underfloor heating, adhesives, underlays, and accessories where applicable.

Fitness Flooring Direct and it’s associated companies, accept no responsibility for incorrect measurements, over-ordering, under-ordering, or unsuitable product selection made by the customer.

3. Inspection Prior to Installation

The customer must inspect all flooring products before installation.

This includes checking:

  • Colour
  • Shade variation
  • Batch consistency
  • Size and specification
  • Visible defects or damage

No claims for visible defects, incorrect products, or dissatisfaction with appearance will be accepted once the product has been cut, fitted, or installed.

Installation constitutes acceptance of the goods.

4. Storage & Acclimatisation

The customer is responsible for ensuring flooring products are:

  • Stored correctly prior to installation;
  • Acclimatised in accordance with manufacturer guidelines;
  • Installed in suitable environmental conditions.

Fitness Flooring Direct and it’s associated companies, shall not be liable for issues arising from improper storage, moisture exposure, temperature fluctuation, or failure to acclimatise products correctly.

5. Installation Responsibility

Where flooring is installed by the customer or any third party not appointed directly by Fitness Flooring Direct:

  • All installation responsibility rests solely with the customer and/or their installer.
  • Fitness Flooring Direct and it’s associated companies, are not liable for installation errors, poor workmanship, fitting defects, subfloor preparation issues, or damage occurring during installation.

The customer is responsible for ensuring installation is carried out in accordance with all manufacturer instructions and industry best practices.

6. Subfloor & Site Conditions

The customer is responsible for ensuring the installation area and subfloor are suitable before fitting begins, including:

  • Moisture testing;
  • Levelling;
  • Structural stability;
  • Damp proofing;
  • Cleanliness and preparation.

Sub floor MUST meet BS Standard (BS 8203:2017)

For further details please see our Warranty page.

Fitness Flooring Direct and it’s associated companies, accept no liability for product failure caused by unsuitable site conditions or inadequate preparation.

7. Natural Variation

Many flooring products contain natural variation in colour, texture, grain, and finish.

Samples and website images are indicative only and may differ from delivered products due to manufacturing batches, screen settings, lighting, and natural material variation.

Such variation shall not constitute a defect.

8. Limitation of Liability

To the fullest extent permitted by law, Fitness Flooring Direct shall not be liable for:

  • Installation costs;
  • Removal or reinstallation costs;
  • Loss of earnings;
  • Consequential or indirect losses;
  • Damage caused by incorrect installation;
  • Damage caused by unsuitable subfloors or environmental conditions;
  • Customer negligence or misuse.

Liability, where legally applicable, shall be limited to the value of the goods supplied.

Nothing in these terms excludes liability that cannot legally be excluded under applicable law.

9. Manufacturer Warranties

Any manufacturer warranty is subject to:

  • Correct installation;
  • Proper maintenance;
  • Compliance with manufacturer instructions.

Failure to follow manufacturer guidance may invalidate warranties.

10. Claims Procedure

Any claims relating to damaged or incorrect goods must be reported within [48 hours / 7 days] of delivery and before installation.

Photographic evidence may be required.

No claims will be considered after installation except where required under consumer law.

11. Returns

Products that have been cut, fitted, altered, or specially ordered cannot be returned unless faulty.

Returns must comply with the company’s returns policy.

12. Consumer Rights

Nothing in these terms affects the customer’s statutory rights under applicable consumer protection legislation, including the Consumer Rights Act 2015.

Your Right To Cancel

Stock Items

You may cancel your contract with us for the Goods you order at any time up to the end of the fourteenth day from the date you receive your ordered Goods. You do not need to give us any reason for cancelling your contract, nor will you have to pay a penalty.

To cancel your contract, you must notify us in writing at Unit 1, Staffs Industrial Estate, Alan Alfred Avenue, Fenton, Stoke-on-Trent ST4 2LY, by emailing sales@fitnessflooringdirect.co.uk or by telephoning us on 01538 387 960.

If you have received the Goods before you cancel your contract, then you must send the Goods back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the Goods for delivery you must not unpack the Goods when they are received by you, and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.

Once you have notified us that you are cancelling your contract, any sum debited to us from your credit/debit card will be credited to your account as soon as possible and in any event within 30 days PROVIDED THAT the Goods in question are returned by you and received by us in the condition they were delivered to you. If you do not return the Goods delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the Goods from the amount credited to you.

A cooling off period is time allowed under law to enable a consumer to cancel an agreement without incurring any penalty. In consumer credit, the cooling off period permitted by the Consumer Credit Act 1974 as part of your Right to Withdraw is 14 days.

If not in their original condition Staffs Fitness Ltd. reserve the right not to accept the goods at its warehouse nor issue a refund or credit. If the goods gave been removed from their original packaging or assembled, then the customer right to cancel may be forfeited.

Made To Order Items

The right to cancel does NOT apply to products that are made to the customer specifications. This includes customed coloured products, flooring cut to specification before installation, sprint tracks, lifting platforms, customised dumbbells, wear strips and any other personalised/bespoke products.

Service Items

For any installation of equipment, the following cancellation conditions apply:

Shipping – All Shipping/Freight/ Transport costs already incurred prior to notification to be reimbursed. Cancellation – Cancellation in writing up to 12 noon on day prior to previously agreed and scheduled delivery will incur no charges other than shipping charges etc as outlined above.

Cancellation after 12noon on day prior to previously agreed and scheduled delivery handling charge will apply for unloading vehicles and restocking warehouse.

This will be 10% of the total value of the order.

Security

Online payments may be made by debit or credit card. Payment using a debit or credit card is taken at the time a customer places an order and is processed using an independent company’s secure payment processing system.

Staffs Fitness Ltd does not have access to the customer card payment information.

Warranties

All equipment sold by Fitness Flooring Direct. is covered by a warranty as specified at the point of sale on the order acknowledgement.

All refurbished equipment sold by Fitness Flooring Direct. is covered by a warranty as specified at the point of sale on the order acknowledgement.

All sold as seen equipment is not covered by warranty of any kind.

Any queries around warranties or policies must be direct to Fitness Flooring head office. A full copy of our warranty policy can be found through our website.

Warranties only apply to goods within mainland UK.

Extended warranties may be available on some products. These will be chargeable and discussed with the customer at the point of “Buying goods or services.”

Extended Warranties

Extended warranties may be available on some products. These will be chargeable and discussed with the customer at the point of “Buying goods or services.”

Ownership Of Goods/Transfer Of Title

Until the customer has paid in full for the goods, they will remain the ownership of Fitness Flooring Direct. and the goods will need to be stored in a proper manner and conditions which adequately protect and preserve the goods separately from any other goods and ensure that they are clearly identifiable as belonging to Fitness Flooring Direct.

The good shall be insured without any charge to Fitness Flooring Direct.

If the payment terms are not adhered to then Fitness Flooring Direct may proceed with legal action to ensure the return of the equipment.
If the customer sells any of the goods prior to paying in full, then they will be required to hold the proceeds of sale on trust for Fitness Flooring Direct and shall immediately pay the proceeds of the sale into a separate bank account.

Data Protection

All customer information will be treated under the terms of the Data Protection Act 2018. As required by GDPR regulations Staffs Fitness Ltd will not pass on customer details to other companies. Fitness Flooring Direct may identify and inform the customer of other products and services offered by Fitness Flooring Direct. in the scenario that the customer has previously expressed an interest.

Opportunities to unsubscribe from Fitness Flooring Direct mailing will be given at every opportunity.

Complaints

Fitness Flooring Direct endeavour to offer the best possible service available to customers. In the unlikely event of an issue then a customer in the first instance should contact their relevant sales representative to resolve any issue. All issues will be treated seriously, and a prompt resolution provided.

Disclaimer

Fitness Flooring Direct. reserves the right to amend equipment specifications or prices without prior notice and such amendments shall take effect upon notice to the customer.

Fitness Flooring Direct will endeavour to keep product information as up to date as possible. However, specifications may be liable to change without notice.

Fitness Flooring Direct and it’s associated companies make every effort to provide accurate and up to date information. but cannot be held responsible for any errors or omissions on the Fitness Flooring Direct web site or marketing material. If a pricing error is discovered on an order, a Fitness Flooring Direct sales representative will contact the customer to identify whether they wish to cancel or continue with an order. Fitness Flooring Direct will not be obliged to supply goods at the incorrect price.

All orders through are web site are subject to acceptance by Fitness Flooring Direct who may choose not to accept an order for any reason and will not be liable to anyone in those circumstances.

Fitness Flooring Direct does not endorse the views of any supplier or other parties that we meet.

Environmental Policy

Fitness Flooring Direct aim to comply with WEEE regulations designed to address the environmental impact of electrical and electronic equipment when it reaches the end of its life. As a distributor they committed to reducing the amount of waste that goes into land fill.

Fitness Flooring Direct have an active recycling policy for cardboard, wood, plastics, polystyrene, and metals.

Their commitment is to:

  • Continuously improve environmental performance and integrate recognised environmental management best practice into business operations.
  • Reduce consumption of resources and improve the efficient use of those resources.
  • Measure and take action to reduce the carbon footprint of the business activities to meet our published objectives and targets.
  • Manage waste generated from the business operations according to the principles of reduction, re-use, and recycling.
  • Manage the business operations to prevent pollution.
  • Consider environmental issues and energy performance in the acquisition, design, refurbishment, location, and use of buildings.
  • Ensure environmental, including climate change, criteria are considered in the procurement of goods and services.
  • Comply as a minimum with all relevant environmental legislation as well as other environmental requirements to which the firm subscribes.

Anti Slavery Policy

Modern slavery is a crime and a violation of fundamental human rights. It takes various forms, such as slavery, servitude, forced and compulsory labour and human trafficking, all of which have in common the deprivation of a person’s liberty by another to exploit them for personal or commercial gain.

Fitness Flooring Direct has a zero-tolerance approach to modern slavery, and we are committed to acting ethically and with integrity in all our business dealings and relationships and to implementing and enforcing effective systems and controls to ensure modern slavery is not taking place anywhere in our own business or in any of our supply chains.

Fitness Flooring Direct are also committed to ensuring there is transparency in our own business and in our approach to tackling modern slavery throughout our supply chains, consistent with our disclosure obligations under the Modern Slavery Act 2015.

We expect the same high standards from all our contractors, suppliers, and other business partners, and as part of our contracting processes, Fitness Flooring Direct will include specific prohibitions against the use of forced, compulsory or trafficked labour, or anyone held in slavery or servitude, whether adults or children, and we expect that our suppliers will hold their own suppliers to the same high standards.

This policy applies to all persons working for us or on our behalf in any capacity, including employees at all levels, directors, officers, agency workers, seconded workers, volunteers, interns, agents, contractors, external consultants, third-party representatives, and business partners.

This policy does not form part of any employee’s contract of employment, and we may amend it at any time.