Recharge Fitness Ltd: Terms and Conditions, and, Privacy Policy

Last updated May 2020.

Terms and conditions

1 We are going to try to keep this nice and simple, it's important but we don't have to overly complicate things with complex legal. So here are a few terms we use throughout.

'we', 'us' or 'our' is a reference to Recharge Fitness Ltd, we are of course a company that is registered in England and Wales under company number 12555960 and with our registered office at 79 Clevedon Road, Failand, BS83UL; 'you' or 'your' is a reference to the person to whom we are supplying Goods to (our customers) and who are required to pay for the Goods we supply, typically via our website but also agreed offline for trade/commercial purchases;

'Goods' means the goods which you purchase through out website and for which you will pay for;

2 The contract between us

Orders are only ever fully accepted once full payment has been made. Once payment has been received we will confirm that your order has been accepted, we send out an automated email via our website platform to the email address you provided us with when making your order. Your order and payment, and our acceptance of your order brings into existence a legally binding contract between us.

3 Price

3.1 The prices payable for Goods that you order are as set out on our website.

3.2 You will be required to pay extra for delivery and it might not be possible for us to deliver to some locations. Our delivery charges are based on our 3rd party courier and the costs are listed dynamically against each product (largely determined by weight) on our website.

4 Right for you to cancel your contract

4.1 You may cancel your contract with us for the Goods you order at any time up to the end of the fourteenth working day from the date you receive the ordered Goods. You do not need to give us any reason for cancelling your contract although we may still ask as it provides useful insight, nor will you have to pay any penalty, although you will still be liable for the shipping fee. This delivery fee is not refundable.

4.2 To cancel your contract you must notify us via email to team@rechargefitness.co.uk - please include your order number in the subject line at the very least, ideally you will follow up to your order confirmation so we have the full order details visible.

4.3 The challenge comes if you have received the Goods or the goods are on their way to you before you cancel your contract, in this instance you must send the Goods back to our contact address at your own cost and risk.

4.4. If the goods are in transit, when they arrive you must not unpack the Goods and you must send the Goods back to us at our contact address at your own cost and risk as soon as possible.

4.5 Once you have notified us that you are cancelling your contract, any sum debited to us from your credit card will be credited to your account as soon as possible, this will typically be within 10 working days and always within 30 days of your order on the basis that the Goods you have ordered either haven't yet been distributed, or are returned by you and received by us in the condition they were in when 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 to be credited to you.

5 Cancellation by us

5.1 We reserve the right to cancel the contract between us if:

5.1.1 we have insufficient stock to deliver the Goods you have ordered;

5.1.2 we do not deliver to your area; or

5.1.3 one or more of the Goods you ordered was incorrectly priced by one of our team. Be that a typographical error or mistake.

5.2 If we cancel your contract we will notify you by email and will credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation although we may choose to do so depending on the situation.

6 Liability

6.1 If the Goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 10 working days of the delivery of the Goods in question.

6.1.1. It is common for weights to have slight variations in weight vs the sold weight, this is due to the materials used and the fact they are metal based products. With the exception of competition items which are calibrated, the general accepted weight fluctuation is 3.5%. If you're product exceeds this 3.5% tolerance level, we will accept this as defective even if hte product is full functional and in perfect working order.

6.2 If you do not receive the Goods ordered within 30 days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 40 days of the date on which you ordered the Goods. For pre-orders, the same applies but based on 30 days of the anticipated delivery date.

6.3 If you notify a problem to us under clauses 7.1 or 7.2 above, our only obligation will be, at your option:

6.3.1 to refund to you the amount paid by you for the Goods in question in whatever way we choose.

6.3.2 to replace or repair any Goods that are damaged or defective; or

6.3.3 to fix any shortage or non-delivery;

6.4 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the Goods in question under clause 7.3.1 above.

6.5. If you cause injury as a result of using our equipment we hold no liability. By purchasing and using our products this liability lies with you. All our products are imported and quality testing occurs in our suppliers factory, we review each product to ensure quality control, but hold no legal liability for any injuries that occur through using our equipment, faulty or not. If faulty, please stop using immediately and contact us.

7 Delivery of goods to you

7.1 We will deliver the Goods ordered by you to the address you give us for delivery at the time you make your order.

7.2 Delivery will be made as soon as possible after your order is accepted and in any event within 30 days of your order, with the exception of pre-orders.

7.3 You will become the owner of the Goods you have ordered when they have been delivered to you. Once Goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.

8 Notices

Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at Recharge Fitness, 79 Clevedon road, Bristol, BS8 3UL and all notices from us to you will be displayed on our website from to time.

9 Events beyond our control

We shall have no liability to you for any failure to deliver Goods you have ordered or any delay in doing so or for any damage or defect to Goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, illness, 3rd party failings, lockouts and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.

10 Invalidity

If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

11 Privacy

You acknowledge and agree to be bound by the terms of our privacy policy which can be found on: www.rechargefitness.co.uk

12 Third party rights

Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the United Kingdom Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.

13 Governing law

The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.

14 Entire agreement

These terms and conditions, together with our current website prices, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of the Goods to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any Goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.

1. Introduction
1.1 We are committed to safeguarding the privacy of Recharge Fitness’s website visitors and service users.
1.2 This policy applies where we are acting as a data controller with respect to the personal data of www.rechargefitness.co.uk; in other words, where we determine the purposes and means of the processing of that personal data.
1.3 We use cookies on our website. These cookies help us understand how many users have used our website, what pages and products are more popular etc. None of the data collected on www.rechargefitness.co.uk is shared.
1.4 In this policy, "we", "us" and "our" refer to team@rechargefitness.co.uk. For more information about us, see Section 13.
2. Credit
2.1 This document was created using a template from SEQ Legal (https://seqlegal.com/free-legal-documents/privacy-policy).
3. How we use your personal data
3.1 In this Section 3 we have set out:
(a) the general categories of personal data that we may process;
(b) [in the case of personal data that we did not obtain directly from you, the source and specific categories of that data];
(c) the purposes for which we may process personal data; and
(d) the legal bases of the processing.
3.2 We may process [data about your use of our website and services] ("usage data"). The usage data may include [your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use]. The source of the usage data is [our analytics tracking system]. This usage data may be processed [for the purposes of analysing the use of the website and services]. The legal basis for this processing is [consent] OR [our legitimate interests, namely [monitoring and improving our website and services]] OR [[specify basis]].
3.3 We may process [your website user account data] ("account data").[ The account data may [include your name and email address].][ The source of the account data is [you or your employer].] The account data may be processed [for the purposes of operating our website, providing our services, ensuring the security of our website and services, maintaining back-ups of our databases and communicating with you.] The legal basis for this processing is [consent] OR [our legitimate interests, namely [the proper administration of our website and business]] OR [the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract] OR [[specify basis]].
3.4 We may process [information that you post for publication on our website or through our services] ("publication data"). The publication data may be processed [for the purposes of enabling such publication and administering our website and services]. The legal basis for this processing is [consent] OR [our legitimate interests, namely [the proper administration of our website and business]] OR [the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract] OR [[specify basis]].
3.5 We may process [information contained in any enquiry you submit to us regarding goods and/or services] ("enquiry data"). The enquiry data may be processed [for the purposes of offering, marketing and selling relevant goods and/or services to you]. The legal basis for this processing is [consent] OR [our legitimate interests, namely [the proper administration of our website and business]] OR [the performance of a contract between you and us and/or the taking steps, at your request, to enter into such a contract]
3.6 We may process [information relating to transactions, including purchases of goods and/or services, that you enter into with us and/or through our website] ("transaction data").[ The transaction data may include [your contact details, your card details and the transaction details].][ The source of the transaction data is [you and/or our payment services provider].] The transaction data may be processed [for the purpose of supplying the purchased goods and/or services and keeping proper records of those transactions]. The legal basis for this processing is [the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract; providing that, if you are not the person contracting with us, the legal basis for this processing is our legitimate interests, namely [the proper administration of our website and business]] OR [[specify basis]].
3.7 We may process [information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters] ("notification data"). The notification data may be processed [for the purposes of sending you the relevant notifications and/or newsletters]. The legal basis for this processing is [consent] OR [our legitimate interests, namely [communications with our website visitors and service users]] OR [the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract] OR [[specify basis]].
3.8 We may process [identify general category of data].[ This data may include [list specific items of data].][ The source of this data is [identify source].] This data may be processed for [specify purposes]. The legal basis for this processing is [consent] OR [our legitimate interests, namely [specify legitimate interests]] OR [the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract] OR [[specify basis]].
3.9 We may process [any of your personal data identified in this policy] where necessary for [the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure]. The legal basis for this processing is our legitimate interests, namely [the protection and assertion of our legal rights, your legal rights and the legal rights of others].
3.10 We may process [any of your personal data identified in this policy] where necessary for [the purposes of obtaining or maintaining insurance coverage, managing risks, or obtaining professional advice]. The legal basis for this processing is our legitimate interests, namely [the proper protection of our business against risks].
3.11 In addition to the specific purposes for which we may process your personal data set out in this Section 3, we may also process [any of your personal data] where such processing is necessary[ for compliance with a legal obligation to which we are subject, or] in order to protect your vital interests or the vital interests of another natural person.
3.12 Please do not supply any other person's personal data to us, unless we prompt you to do so.
4. Providing your personal data to others
4.1 We may disclose [your personal data] to [our insurers and/or professional advisers] insofar as reasonably necessary for the purposes of [obtaining or maintaining insurance coverage, managing risks, obtaining professional advice, or the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure].
4.2 [Your personal data held in our website database] OR [[Identify personal data category or categories]] will be stored on the servers of our hosting services providers[ identified at [URL]].
4.3 We may disclose [specify personal data category or categories] to [our suppliers or subcontractors][ identified at [URL]] insofar as reasonably necessary for [specify purposes].
4.4 In addition to the specific disclosures of personal data set out in this Section 4, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.[ We may also disclose your personal data where such disclosure is necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.]
4.5 We will need to pass on your address and contact information to our shipment providers to deliver essential service.
5. International transfers of your personal data
5.1 In this Section 5, we provide information about the circumstances in which your personal data may be transferred to [countries outside the European Economic Area (EEA)].
5.2 The hosting facilities for our website are situated in [specify countries].[ The European Commission has made an "adequacy decision" with respect to [the data protection laws of each of these countries].][ Transfers to [each of these countries] will be protected by appropriate safeguards, namely [the use of standard data protection clauses adopted or approved by the European Commission, a copy of which you can obtain from [source]] OR [[specify appropriate safeguards and means to obtain a copy]].]
5.3 [Specify category or categories of supplier or subcontractor] [is] OR [are] situated in [specify countries].[ The European Commission has made an "adequacy decision" with respect to [the data protection laws of each of these countries].][ Transfers to [each of these countries] will be protected by appropriate safeguards, namely [the use of standard data protection clauses adopted or approved by the European Commission, a copy of which can be obtained from [source]] OR [[specify appropriate safeguards and means to obtain a copy]].]
5.4 You acknowledge that [personal data that you submit for publication through our website or services] may be available, via the internet, around the world. We cannot prevent the use (or misuse) of such personal data by others.
6. Retaining and deleting personal data
6.1 This Section 6 sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data.
6.2 Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
6.3 We will retain your personal data as follows:
(a) [usage data will be retained for a minimum period of [period] following the date of collection, and for a maximum period of [period] following that date];
(b) [account data will be retained for a minimum period of [period] following the date of closure of the relevant account, and for a maximum period of [period] following that date];
(c) [publication data will be retained for a minimum period of [period] following the date when the relevant publication ceases to be published on our website or through our services, and for a maximum period of [period] following that date];
(d) [enquiry data will be retained for a minimum period of [period] following the date of the enquiry, and for a maximum period of [period] following that date];
(e) [transaction data will be retained for a minimum period of [period] following the date of the transaction, and for a maximum period of [period] following that date];
(f) [notification data will be retained for a minimum period of [period] following the date that we are instructed to cease sending the notifications, and for a maximum period of [period] following that date (providing that we will retain notification data insofar as necessary to fulfil any request you make to actively suppress notifications)]; and
(g) [[data category] will be retained for a minimum period of [period] following [date], and for a maximum period of [period] following [date]].
6.4 Notwithstanding the other provisions of this Section 6, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
7. Your rights
7.1 In this Section 7, we have listed the rights that you have under data protection law.
7.2 Your principal rights under data protection law are:
(a) the right to access - you can ask for copies of your personal data;
(b) the right to rectification - you can ask us to rectify inaccurate personal data and to complete incomplete personal data;
(c) the right to erasure - you can ask us to erase your personal data;
(d) the right to restrict processing - you can ask use to restrict the processing of your personal data;
(e) the right to object to processing - you can object to the processing of your personal data;
(f) the right to data portability - you can ask that we transfer your personal data to another organisation or to you;
(g) the right to complain to a supervisory authority - you can complain about our processing of your personal data; and
(h) the right to withdraw consent - to the extent that the legal basis of our processing of your personal data is consent, you can withdraw that consent.
7.3 These rights are subject to certain limitations and exceptions. You can learn more about the rights of data subjects by visiting https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/.
7.4 You may exercise any of your rights in relation to your personal data [by written notice to us, using the contact details set out below].
8. About cookies
8.1 A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.
8.2 Cookies may be either "persistent" cookies or "session" cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.
8.3 Cookies do not typically contain any information that personally identifies a user, but personal data that we store about you may be linked to the information stored in and obtained from cookies.
9. Cookies that we use
9.1 We use cookies for the following purposes:
(a) [authentication and status - we use cookies [to identify you when you visit our website and as you navigate our website, and to determine if you are logged into the website][ (cookies used for this purpose are: [identify cookies])]];
(b) [security - we use cookies [as an element of the security measures used to protect user accounts, including preventing fraudulent use of login credentials, and to protect our website and services generally]
(c) [advertising - we use cookies [to help us to display advertisements that will be relevant to you]
(d) [analysis - we use cookies [to help us to analyse the use and performance of our website and services][ (cookies used for this purpose are: [identify cookies])]]; and
(e) [cookie consent - we use cookies [to store your preferences in relation to the use of cookies more generally][ (cookies used for this purpose are: [Wix analytics])]].
10. Cookies used by our service providers
10.1 Our service providers use cookies and those cookies may be stored on your computer when you visit our website.
10.2 We use Google Analytics. Google Analytics gathers information about the use of our website by means of cookies. The information gathered is used to create reports about the use of our website. You can find out more about Google's use of information by visiting https://www.google.com/policies/privacy/partners/ and you can review Google's privacy policy at https://policies.google.com/privacy.
10.3 We use [identify service provider] to [specify service]. This service uses cookies for [specify purpose(s)]. You can view the privacy policy of this service provider at [www.rechargefitness.co.uk].
11. Managing cookies
11.1 Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. You can however obtain up-to-date information about blocking and deleting cookies via these links:
(a) https://support.google.com/chrome/answer/95647 (Chrome);
(b) https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences (Firefox);
(c) https://help.opera.com/en/latest/security-and-privacy/ (Opera);
(d) https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies (Internet Explorer);
(e) https://support.apple.com/en-gb/guide/safari/manage-cookies-and-website-data-sfri11471/mac (Safari); and
(f) https://privacy.microsoft.com/en-us/windows-10-microsoft-edge-and-privacy (Edge).
11.2 Blocking all cookies will have a negative impact upon the usability of many websites.
11.3 If you block cookies, you will not be able to use all the features on our website.
12. Amendments
12.1 We may update this policy from time to time by publishing a new version on our website.
12.2 You should check this page occasionally to ensure you are happy with any changes to this policy.
12.3 We [may] OR [will] notify you of [changes] OR [significant changes] to this policy [by email].
13. Our details
13.1 This website is owned and operated by [Recharge Fitness].
13.2 We are registered in [England and Wales] under registration number 12555960

13.3 Our principal place of business is at [79 Clevedon Road, Failand].
13.4 You can contact us:
(a) [using our website contact form];
(b) [by telephone, on [the contact number published on our website]]; or
(d) [by email, using [the email address published on our website]].
14. Data protection officer
14.1 Our data protection officer's contact details are: [team@rechargefitness.co.uk].