Terms and Conditions of Use

INTRODUCTION
This website is operated by Nomad Fitness Limited (company number 08905729). Terms such as “we”, “us” and “our” refer to Nomad Fitness Limited where they are used in these terms and conditions.

The use of this site indicates your acceptance of these terms and conditions. The placement of an order indicates your acceptance of these terms and conditions. Please read them carefully and print a copy for future reference. From time to time we may modify the terms and conditions. Accordingly, please continue to review the terms and conditions whenever accessing or using the website. If at any time you do not wish to accept the terms and conditions, you may not use the website.

These terms and conditions apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and  Nomad Fitness Limited,  the owner and operator of this Website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.

In these terms and conditions, User or Users means any third party that accesses the Website and is not either (i) employed by  Nomad Fitness Limited  and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to  Nomad Fitness Limited  and accessing the Website in connection with the provision of such services.

You must be at least 18 years of age to use this Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.

Incorporated into these terms are also the terms and conditions as laid out in our privacy policy, cookies policy and refund policy.

1.0 ONLINE SHOPPING
1.1 We will take all reasonable care to ensure that the details displayed for a particular item offered for sale are correct at the time when the information was entered onto the system.

1.2 Whilst care is taken to ensure that we display as accurately as possible appearances, colours, textures or finishes, what you will see on your computer monitor or equipment may differ and so we cannot guarantee that images are an accurate representation of the actual goods or services that you are purchasing.

1.3 We may not be able to accept your order due to one or more of the following reasons, or for a reason not listed below:
i) The item you have ordered is out of stock.

ii) We cannot authorise your payment or have reasonable grounds to suspect your payment may be fraudulent.
iii) There has been a pricing or product description error.

iv) There is a system or procurement failure.

v) You have failed our customer validation checks.

vi) When you place an order you will receive an email confirming the details of your order. This email is not confirmation that your order has been accepted by us.

vii) Your order will only be accepted by us once your goods have been dispatched.

2.0 PAYMENT & PRICE
2.1 The total price payable for the goods will be stipulated at the time when you place your order whether or not the order has been confirmed. We are entitled to make adjustments to the price to take account of any increase in our supplier’s prices, or the imposition of any taxes or duties, or if due to an error or omission the price published for the goods is wrong whether or not the order has been confirmed. We will inform you of the correct price and give you the opportunity to cancel the order. All prices on our website are inclusive of VAT unless otherwise stated.

3.0 AVAILABILITY OF GOODS
3.1 All products and services are subject to availability and may be withdrawn at any time. If we do not supply the goods for any reason we will not charge you for these and we will refund any money already paid for them. However, we will not be responsible for compensating you for any other losses you may suffer if we do not supply the goods.

3.2 Due to the limited availability of items purchased in our special offers and clearance section we cannot guarantee fulfilment of your order. In the unlikely event we are unable to provide the item we will not charge you for these and we will refund any money already paid for them. We will not be responsible for compensating you for any other losses you may suffer if we do not supply the goods.

4.0 PRODUCT OWNERSHIP
4.1 As soon as we have delivered the goods to your door you will be responsible for them. We will only deliver goods to the address on the order and goods will not be left without a signature. From the time of receipted delivery of the goods, any loss or damage to the goods shall be at your own risk. Any transit damage to the goods, shortages or incorrect goods supplied must be noted on the delivery consignment note at the time of delivery.

4.2 Nomad Fitness Limited shall under no circumstances be liable for any consequential or indirect damage or loss, however caused, including (but not restricted to) loss of profits, loss of goodwill, damage to trading relationships, and financial loss.

5.0 PRODUCT WARRANTIES
5.1 All products supplied are covered by the terms and conditions of the Manufacturer’s Guarantee for a period of 12 months. This guarantee specifically excludes faults caused by accident, neglect, and misuse. In addition routine maintenance: machinery (greasing/lubricating any moving parts etc.), cosmetic damage is not covered.

5.2 The buyer will be wholly responsible for the cost of return delivery and safe return of the goods. Proof of postage is not proof of delivery and you are therefore strongly advised to send your package by recorded delivery, registered post or courier, and to maintain sufficient insurance to cover the value of the goods.

6.0 TIME LIMITATION FOR NOTIFICATION OF CLAIMS
i) Damage in transit: If goods arrive in a damaged condition you must make a note on the carrier’s delivery consignment note and it will be your responsibility to inform us within 48 hours from delivery.

ii) Shortages: It is your responsibility to sign for the correct number of packages as shown on the carrier’s delivery consignment note. Any shortages must be noted on the consignment note and it will be your responsibility to notify us within 48 hours from delivery.

iii) Incorrect Goods: It is your responsibility to notify us of any in-correct goods supplied within 48 hours days from delivery.

iv) Faults: A product is deemed to be faulty on arrival if it shows symptoms of a failure preventing basic operation upon its first use out of the box. In such instances please contact customer services within 7 days from the delivery date. You can then either return the faulty item directly yourself or we will organise a collection.

v) Non-Deliveries: We will not accept liability for goods lost in transit unless we are notified within 10 days from the expected delivery date. If goods returned under this clause are found to be perfect and in full working order, these will be returned to you and an administration fee of 15% of the price of the goods along with the cost of carriage will be charged to your credit card account.

7.0 DELIVERY
7.1 On completing your purchase you will be presented with one or more options for delivery. Where an estimated timescale for delivery is provided, this is an estimate only and your items may be delayed in being received due to circumstances beyond our control (such as a courier delay, or at busy times).

7.2 Where you select a “next day delivery” option, orders placed on Fridays, Saturdays or Sundays may not be despatched for delivery until the following Monday and so may not be received until Tuesday.

8.0 ORDER CANCELLATION
8.1 If you wish to cancel an order you have placed you must contact us immediately to ascertain whether the items have been dispatched or not. Where they have been dispatched, you will need to return the item to us and you will be responsible for paying the cost of returning the items.

8.2 Where items have not been dispatched prior to a cancellation request our refund policy will apply.

8.3 Where you have ordered a personalised, perishable or time critical item (such as food, newspapers, event tickets or e-vouchers) you may not be able to cancel for a full refund.

9.0 GENERAL
9.1 These terms and conditions do not affect your statutory rights. We will treat each order for goods as an offer by you to purchase the goods subject to these terms and conditions.

9.2 You undertake that all details you provide to Nomad Fitness for the purpose of ordering or purchasing goods or services are correct, that the credit or debit card you are using is your own and that there are sufficient funds to cover the cost of the goods or services ordered.

9.3 Nomad Fitness cannot be held responsible for any incorrect information supplied by you/credit card/debit card issuing company that leads to an incorrect delivery address and or personal details.

9.4 We may change these terms and conditions at any time.

9.5 Should any part-term or term be found to be unenforceable then the remainder of the terms and conditions shall continue to have full force and effect as if the invalidated term was not present.

9.6 Should any delay or failure to comply with our obligations under these terms and conditions arise where it is beyond our reasonable control, we will not be responsible to you for such delay or failure.

10.0 LIMITATION OF LIABILITY AND INDEMNITY
10.1 Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.

10.2 We shall not be liable for any direct, special, indirect or consequential or incidental damages including loss of profit or loss of opportunity as a result of the use of or the inability to use any items that have been ordered on this website.

10.3 To the maximum extent permitted by law,  Nomad Fitness Limited  accepts no liability for any of the following:
i) any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;

ii)loss or corruption of any data, database or software;

iii)any special, indirect or consequential loss or damage.

10.4 You agree to indemnify us and our agents, officers, directors and employees, immediately and on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of any of our terms and conditions.

11.0 PROHIBITED USE
11.1 You may not use the Website for any of the following purposes:
i) in any way which causes, or may cause, damage to the Website or interferes with any other person’s use or enjoyment of the Website;

ii) in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;

iii) making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.

12.0 REGISTRATION
12.1 You must ensure that the details provided by you on registration or at any time are correct and complete.

12.2 You must inform us immediately of any changes to the information that you provide when registering by updating your personal details to ensure we can communicate with you effectively.

12.3 We may suspend or cancel your registration with immediate effect for any reasonable purposes or if you breach these terms and conditions.

12.4 You may cancel your registration at any time by informing us in writing to the address at the end of these terms and conditions. If you do so, you must immediately stop using the Website. Cancellation or suspension of your registration does not affect any statutory rights.

13.0 AVAILABILITY OF THE WEBSITE
13.1 Any online facilities, tools, services or information that  Nomad Fitness Limited  makes available through the Website (the Service) is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.  Nomad Fitness Limited  is under no obligation to update information on the Website.

13.2 Whilst  Nomad Fitness Limited  uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.

13.3 Nomad Fitness Limited  accepts no liability for any disruption or non-availability of the Website.

13.4 Nomad Fitness Limited  reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.

14.0 JURISDICTION
14.1 These terms and conditions shall be governed in accordance with the laws of England and are subject to the exclusive jurisdiction of the courts of England & Wales.

15.0 LINKS TO OTHER WEBSITES
15.1 This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Nomad Fitness Limited  or that of our affiliates.

15.2 We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.

15.3 The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

16.0 INTELLECTUAL PROPERTY AND ACCEPTABLE OF USE
16.1 All Content included on the Website, unless uploaded by Users, is the property of  Nomad Fitness Limited,  our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission

16.2 You may, for your own personal, non-commercial use only, do the following:
i) retrieve, display and view the Content on a computer screen

ii) print one copy of the Content

16.3 You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of Nomad Fitness Limited. 

16.4 You acknowledge that you are responsible for any Content you may submit via the Website, including the legality, reliability, appropriateness, originality and copyright of any such Content. You may not upload to, distribute or otherwise publish through the Website any Content that (i) is confidential, proprietary, false, fraudulent, libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offence, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam.” You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Website.

16.5 You represent and warrant that you own or otherwise control all the rights to the Content you post; that the Content is accurate; that use of the Content you supply does not violate any provision of these terms and conditions and will not cause injury to any person; and that you will indemnify  Nomad Fitness Limited  for all claims resulting from Content you supply.

17.0 ENTIRE AGREEMENT
17.1 These terms and conditions constitute the entire agreement between the parties and supersede any and all preceding and contemporaneous agreements between you and Nomad Fitness Limited whether written or oral.

Nomad Fitness Limited is a company incorporated in England and Wales with registered number 08905729 whose registered address is Unit A, 82 James Carter Road, Mildenhall, IP28 7DE and it  operates the Website www.nomadfitness.uk.  The registered VAT number is 265212913.
You can contact Nomad Fitness Limited by email on [email protected]