Terms & Conditions
"JHT" or “our” or “we” or “us” means Johnson Healthtech Digital UK Limited with company number 13745936, registered office is at Johnson Healthtech Digital UK Limited, Unit 2, 40.40 Link, Mill End Road, High Wycombe, HP12 4AX
"Customer" or “you” means the person who purchases Products and/or Services from JHTD;
"Products" means the product which JHTD are to supply to the Customer in accordance with these conditions as confirmed on our Order Confirmation;
“Order” means the Products and/or Services the Customer has purchased;
"Services" means the Services which JHTD are to provide to the Customer in accordance with these conditions as confirmed on our Order Confirmation;
"Order Confirmation" means the order acknowledgment which JHTD send to the Customer confirming
details of the order for Products and/or Services;
“Contract” means the contents and agreement of this document;
"Price" means the amount in pounds sterling for the Goods and/or Services as detailed in the Confirmation Order, including VAT;
"VAT" means value added tax;
“Cancellation Period” means the cooling-off period whereby the Customer can return the Products;
"Delivery Date" means the date for delivery by JHTD to the Customer of the Products and/or the date
of commencement of provision of the Services as detailed in the Order Confirmation;
“Force Majeure” means events which may result in delay of Products and/or Services including, but not limited to, an Act of God, weather of exceptional severity, war, military operations, terrorist action, strikes, the act or omission of any party for whom that party is not responsible or any other cause whatsoever beyond that party’s reasonable control;
References to "written" or "in writing" refers to e-mail communications.
This document, together with the documents referred to on it, states the Customer the terms and conditions on which JHTD supply any of the Products and/or Services listed on our website
https://uk.johnsonfitness.co.uk/ to the Customer. The Customer is advised by JHTD to read these terms and conditions carefully before ordering any Products and/or Services. The Customer understands by ordering any Products and/or Services is therefore an agreement of our terms and conditions.
The Customer should print a copy of our terms and conditions for future reference.
If the Customer agrees to these terms and conditions this will be confirmed once the tick box has been marked at the checkout stage on our website. If the Customer refuses to accept these terms and conditions, Products and/or Services will not be available to purchase from our website.
1. SERVICE AVAILABILITY
Our website is only intended for use by Customers who are resident in the United Kingdom or are purchasing Products and/or Services to be delivered in or to the UK. JHTD does not accept orders for deliveries to any other countries.
2. CUSTOMER STATUS
2.1 By placing an order through our website, the Customer warrants that:
(a) You are legally capable of entering into binding contracts;
(b) You are at least 18 years old;
(c) You are purchasing the Products and/or Services for their own personal and non-business use;
(d) You are purchasing Products or Services for delivery in the UK.
2.2 Any personal data that JHTD gather concerning the Customer shall be used only in accordance with JHTD’s Privacy Policy. JHTD encourages the Customer to read the Privacy Policy so the choices concerning the protection of the Customer’s associated information is fully understood.
3. ORDER CONTRACT
3.1 Once an order is confirmed, the Customer constitutes an offer to us to buy a Product or Service. All orders are subject to acceptance by JHTD, and we will confirm such acceptance to you by sending you an e-mail that authorises an OrderConfirmation. The Contract between JHTD and the Customer will only be formed when JHTD sends the Order Confirmation.
3.2 The Contract will relate only to those Products or Services whose dispatch or supply is confirmed by JHTD in the Order Confirmation. JHTD are not be obliged to supply any other Products and/or Services which may have been part of the original order unless such Products and/or Services have been confirmed in a separate Order Confirmation.
4. CONSUMER RIGHTS
4.1 The Contract Cancellation Period for the Customer is as follows;
(i) Product - at any time within 7 working days, beginning on the day after you received the relevant Products, or;
(ii) Services - at any time within 7 working days after you receive the Order Confirmation unless you have arranged to receive the Services within that time, in which case you may cancel at any time up until you receive the Services (the Cancellation Period).
In this case, the Customer shall receive a full refund of the price paid for the Products and/or Services in accordance with our refunds policy, set out in clause 10 below.
4.2 To cancel the Contract, the Customer must inform JHTD in writing within the Cancellation Period
stated in clause
4.3 The Customer must also return all related Product(s) to JHTD immediately, in the same condition in which the Products were received, and at the Customer’s own cost and risk. The Customer has a legal obligation to take reasonable care of the Products while they are in their possession. If the Customer fails to comply with this obligation, JHT may have a right of action against the Customer for compensation.
5. AVAILABILITY AND DELIVERY
The Customer’s order will be fulfilled by the delivery date set out in the Order Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Order Confirmation, unless there are exceptional circumstances. The approximate term of delivery is 28 days from the date of the Order Confirmation (where payment is made by credit card) or from receipt of the document certifying payment by wire transfer. The delivery date will be arranged by JHTD in accordance with our operators in the area of the delivery and will vary based on the delivery address, type of Products and other relevant factors.
6. RISK AND TITLE
6.1 The risk of all Product(s) will be transferred to the Customer from the time of delivery.
6.2 Ownership of the Products will only pass to the Customer when JHTD receive full payment of all sums due in respect of the Products and/or Services, including delivery charges.
7. PRICE AND PAYMENT
7.1 The price of any Products and/or Services will be as quoted on our website from time to time, except in cases of obvious error.
7.2 Unless JHTD have explicitly stated otherwise, our prices are inclusive of any applicable VAT and delivery costs, which will be added to the total amount due. In the event that the Customer is entitled to pay a lower rate of Value Added Tax, JHTD will provide a reduction in the VAT only after the Customer has sent all the necessary and appropriate documentation, and JHTD confirms receipt, in order to enable us to properly process that reduction.
7.3 Prices are liable to change at any time, but changes will not affect orders that have already received an Order Confirmation.
7.4 Our website contains a number of Products and/or Services and it is always possible that, despite our best efforts, some of the Products and/or Services listed may be incorrectly priced. If a Product and/or Service´s correct price is higher than the price stated on the website, JHTD will normally, at our discretion, contact the Customer for instructions before dispatching the Product and/or Service, or reject the original order and notify the Customer of such rejection.
7.5 JHTD are under no obligation to provide the Product and/or Service to the Customer at the incorrect, lower price, even after the Customer has received the Order Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by the Customer as a mis-pricing.
7.6 Payment for all Products and/or Services must be by credit or debit card, or bank wire transfer.
7.7 Payment must be made in a single instalment, prior to delivery, which can be made as follows:
(a) Credit card: VISA and Mastercard guaranteed WorldPay. The order will transit through the information systems of WorldPay, which will confirm the validity of the card to JHTD.
(b) Bank wire transfer:
HSBC
JOHNSON HEALTH TECH UK LTD
Account no: 51178792
Sort code: 40-11-60
IBAN: GB 79 HBUK 4011 6051 1787 92
7.8 In case of payment by credit card, stipulation of the Contract will require confirmation of the economic transaction by JHTD's bank. In case of payment by wire transfer the order is complete only after receipt the bank confirmation within 7 working days.
If JHTD does not receive the bank receipt within the above term, we reserve the right to consider the order null and void and terminate the Contract without written notice to the other party. Delivery is subject to proof of payment and the delivery term starts from receipt of the document certifying payment.
8. REFUNDS POLICY
8.1 If the Customer would like to return a Product, this will need to be formally requested in writing via e-mail by contacting: retail@johnsonfitness.co.uk.
8.2 In the event the Customer returns a Product to us:
(a) as a result of cancelling the Contract within the 7-day cooling-off period (see clause 4.1 above), JHTD will process the refund due as soon as possible and, in any case, within 14 days of receiving the goods back. In this case, we will refund the price of the Product(s) in full, including the cost of original delivery. However, the Customer is responsible for the cost of returning the item to us.
(b) for any other reason (including but not limited to, claiming that the Product(s) is defective), we will examine the returned Product and will notify the Customer of the refund in writing via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to the Customer via e-mail that the Product(s) is defective. Products returned by the Customer because of a defect will be refunded in full, including the cost of original delivery and the cost incurred by the Customer in returning the item to us.
8.3 JHTD will usually refund any money received from the Customer using wire transfer.
9. JHTDs LIABILITY
9.1 JHTD warrants to the Customer that any Product purchased from our website will perform in accordance with its specifications, subject to fair wear and tear and to the Product being used in accordance with the Operating Guide, for a period of two years from the Delivery Date. The warranty covers free replacement of any defective parts in order to restore product function or, at our option, a replacement of the whole Product if we do not believe that it can be repaired by replacement of parts. It includes the costs of labour and shipment. JHT are not liable for use of the equipment in any way that does not comply with the instructions in the illustrative guides, or for use by persons in unsuitable physical conditions, as the users are responsible for ascertaining the suitability of their health. The users should use the equipment purchased only after reading the manual and under their own exclusive responsibility, using the machinery correctly in strict observance of the safety regulations.
9.2 The 2-year warranty in 9.1 does not apply to wires, padding, parts in rubber and plastic.
9.3 JHTD’s sole liability in respect of a breach of the warranty at 9.1 is to replace the defective parts or, at our option, to replace the Product as referred to in clause 9.1.
9.4 JHTD warrants that any Service that we provide to you will be performed with all reasonable skill and care and in accordance with applicable law.
9.5 JHTD’s liability for losses the Customer suffers as a result of us breaking this agreement is strictly limited to the purchase price of the Product or Service you purchased.
9.6 This does not include or limit in any way JHTD’s liability:
(a) For death or personal injury caused by our negligence;
(b) Under section 2(3) of the Consumer Protection Act 1987;
(c) For fraud or fraudulent misrepresentation; or
(d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
10. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications JHTD send to the Customer should be in writing. When using our website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, the Customer agrees to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that JHTD provides to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
11. NOTICES
All notices given by the Customer to us must be done so in writing via e-mail (with a confirmation of receipt) to: retail@johnsonfitness.co.uk. JHTD may give notice to you via the e-mail you provide to us when placing an order. Notice will be deemed received and properly served 24 hours after an e-mail is sent. In proving the service of any notice, it will be sufficient to prove, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
12. TRANSFER OF RIGHTS AND OBLIGATIONS
12.1 The contract between the Customer and JHTD is binding on you and us and on our respective
successors and assigns.
12.2 The Customer may not transfer warranty of the Goods at any time.
12.3 The Customer may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
12.4 JHTD may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our
rights or obligations arising under it, at any time during the term of the Contract.
13. EVENTS OUTSIDE OUR CONTROL
13.1 JHTD will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
13.2 A Force Majeure event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) Strikes, lock-outs or other industrial action.
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether
declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemics or other natural
disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public
or private transport.
(e) Impossibility of the use of public or private telecommunications networks.
(f) The acts, decrees, legislation, regulations or restrictions of any government.
13.3 JHTD’s performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. JHT will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
14. WAIVER
14.1 If JHTD fail, at any time during the term of a Contract, to insist upon strict performance of any of the Customer’s obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
14.2 A waiver by JHTD of any default shall not constitute a waiver of any subsequent default.
14.3 No waiver by JHTD of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to the Customer in writing in accordance with clause 10.
15. SEVERABILITY
If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
16. ENTIRE AGREEMENT
16.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between JHT and the Customer in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
16.2 JHTD and the Customer each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
16.3 JHTD and the Customer shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party´s only remedy shall be for breach of contract as provided in these terms and conditions.
17. JHTDs RIGHT TO VARY THESE TERMS AND CONDITIONS
17.1 JHTD have the right to revise and amend these terms and conditions from time-to-time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
17.2 The Customer will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within 7 working days of receipt by you of the Products).
18. LAW AND JURISDICTION
Contracts for the purchase of Products through JHTD’s website will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
Johnson Healthtech Digital UK Limited
Unit 2, 40.40 Link, Mill End Road, High Wycombe, HP12 4AX