Terms & Conditions

Welcome to the Vivace Fitness Website terms and conditions for use.

We are delighted that you wish to use our website at www.vivace-fitness.co.uk (“Site”). However, we have established a number of terms and conditions that, by using our Site, you agree to be legally bound by. They are therefore important and so please take a few moments to read them. If you do not agree with terms & conditions set out below please do not use the Site.

We also recommend that you periodically check these terms and conditions, because we reserve the right to change them at any time and the terms and conditions that are available on our Site at the time you are using it will be those that apply during such use.

In connection with our terms and conditions, where we refer to "Content" we mean all the text and images contained in, or available from, our Site

Vivace Fitness is a trading name of Vivace Enterprise Ltd (“We”/”Us”/”Vivace”)

Registered office:

Vivace Enterprises Ltd
8 Church Street
Wheatley Hill
Co Durham
DH6 3PT

Company registration number 5953970

Please note that fitness equipment must at all times be used only in accordance with manufacturers instructions and only after thoroughly reading and understanding those instructions. No one should undertake any form of exercise without first consulting their doctor or specialist and agreeing with them that is safe for them to do so.

How to Order 

All orders can be placed online through our Website. All orders are subject to availability.

After placing an order, you will receive an e-mail from us acknowledging that we have received your order.  Please note that this does not mean that your order has been accepted.  Your order constitutes an offer to us to buy a Product.  All orders are subject to acceptance by us, and we will confirm such acceptance by debiting your chosen method of payment. The contract between us (Contract) will only be formed when we debit your debit or credit card.

The Contract will relate only to those Products for which we have debited your debit or credit card.  We will not be obliged to supply any other Products which may have been part of your order until the price of such Products has been debited from your debit or credit card account.

Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.

Availability

We do not guarantee that our Site or Content will always be available, nor do we guarantee that we will provide an error free service. We may suspend our service for operational reasons such as repair, maintenance or improvements, or otherwise in emergencies and we may change or discontinue the availability of any Content, goods or services at any time we see fit.

 

Method of payment

You can pay using most credit and debit cards. It is imperative that you provide the cardholder's name as it is shown on the card, and address exactly as it appears on the card statement. Failure to do so correctly will mean we cannot accept your offer to purchase, and will preclude us from accepting your offer and providing you with goods.

 

Out of Stock

If any item you have chosen is unavailable, we aim to contact you via your e-mail address or via phone within 3 working days.

 

Pricing policy

All products on this website are priced in pounds sterling and include UK VAT at the appropriate rate.

 

Delivery

We only deliver to mainland UK (England, Wales and Scotland) between 9am and 5pm Monday to Friday. We will endeavour to dispatch goods as promptly as possible and this is generally achieved within 5 to 7 days. The maximum period of delivery would be within 30 days, unless specifically agreed with you the customer. We undertake to inform you of any subsequent change to the delivery time.

Our courier will deliver your purchase to the ground level of your property. One delivery driver will deliver your boxed purchase. Drivers are not insured to enter your property and please do not ask them to lift heavy items without sufficient manpower.

Our delivery service allows us to attempt to deliver your product to you on two occasions. If a second attempt fails the item will be returned to us. We will then contact you to inform you of the failure. A delivery fee will be charged to resend the item. Please contact us for further details.

Delivery is charged by value of goods and is £10 inc. Vat for all orders under £150.00 unless otherwise stated at time of ordering.

 

Your right to cancel

Sometimes it may be difficult to purchase a product over the Internet, especially when you can only see a picture and description of a product. To add that extra bit of comfort we offer the Vivace Fitness five-day money back guarantee. It's simple. If you don't like the goods we will arrange to uplift and give a full refund. The five days start from the day the goods are received.

In order to take advantage of our five day returns policy you must notify us in writing by email or letter to Vivace Fitness Customer Service   or to our postal address on this page. The email must be sent with the five days or the letter must be post marked within the five days. Proof of posting does not constitute proof of receipt, and we will not be responsible for any notices which have not been received. It is therefore in your interests to notify us by email carrying a “read receipt” request.

We will only accept returns under this provision if we receive them in the condition they arrived with you, and that they are repacked into the box/packaging they arrived in.

If this procedure is not followed then Vivace Fitness reserves the right, at their sole discretion, not to accept the goods at our warehouse and/or not to issue a credit or refund.

If you fail to return the goods in accordance with the provisions regarding condition and packaging then Vivace reserve the right to return the goods to you and charge you for such a delivery. This right may be exercised at the sole discretion of Vivace.

Any free gifts received with your order must be returned if an order is cancelled subject to the same stipulations as to condition and packaging etc as detailed above for the main product purchased.

Vivace does not accept returns of free gifts under this section, other than as part of a return of the product purchased to which they were tied.

Order cancellations or returns must be notified to us by email at  Vivace Fitness Customer Service. We will then issue an Authorisation number. Goods must be returned within 30 days of your receipt of your authorisation number. Refunds will be credited back within 30 days of cancellation.

Further right to cancel

Further to the above right to a five day returns policy you have rights as a Consumer under the Consumer Protection (Distance Selling) Regulations 2000.

If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products.  In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy

To cancel a Contract, you must inform us in writing and return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk.  Contact us at the addresses given in these terms and conditions.

This provision does not affect your statutory rights.

 

Warranty

All new equipment sold by Vivace Fitness is covered by a minimum of one year parts and labour cover. Vivace Fitness undertakes to repair, replace or return to manufacturer, any faulty items at its discretion. Please ensure that you mail the product Warranty registration card received with your purchase. If available on our website we will accept an electronic Warranty registration form completed correctly in accordance with the form published. Vivace reserve the right, at their sole discretion, to reject any incomplete or incorrectly completed warranty cards or forms. Rejection of any such form or card will void any warranty under this section

Failure to complete and return a Warranty registration form or card for each product purchased will void any warranty under this section.

If an item develops a fault, please email  Vivace Fitness Customer Service. If you report your item faulty within the first 10 days after receipt, we will collect the item from you free of charge and offer you either a refund or replacement. However, after 10 days if your item is faulty you will need to return your item to us and it is the buyers responsibility to pay collection / delivery charges.

This does not affect your statutory rights.

 

Complaints

We aim to deal with all complaints as effectively as possible. In the first instance, your complaint may be emailed to  Vivace Fitness Customer Service or mailed to Customer Services,  Vivace Fitness, 8 Church Street, Wheatley Hill, Co Durham, DH6 3PT. Alternatively, you may telephone the Customer Service Line on 01429 820955, 9am to 5pm, Monday to Friday.

We aim to acknowledge by email any emailed or mailed complaint within 5 days, and to conclude our investigations as soon as possible thereafter. Telephone complaints will not necessarily be acknowledged by email prior to investigation. A likely timescale for resolution will be provided upon request, but this timescale will be dependent upon the specific nature of the complaint.Data protection and privacy

For our Data Protection and Privacy policy please see our Privacy Policy posted on this website

 

Notification of changes

Any changes to our privacy policy will be placed on our website. If we decide to use personal information in a way different from that stated at the time it was collected, we will notify users by way of an email. Users will then have a choice as to whether or not we can use their information in this different manner. Information will be used in accordance with the privacy policy under which it was collected.

If you feel that this company is not abiding by its privacy policy, you should first contact the Customer Service Department at Vivace Fitness Customer Service , letters should be addressed to  Customer Services,  Vivace Fitness, 8 Church Street, Wheatley Hill, Co Durham, DH6 3PT.

Exclusion of Vivace Fitness ( Vivace Enterprises Ltd) website: The information contained in the material in this Website is only for information purposes. The material on this Website does not constitute advice and you should not rely on any material in this Website to make any decision or take any action.

Vivace Fitness ( Vivace Enterprises Ltd) does not make any warranty or representation as to the accuracy or fitness for purpose of any material on this Website. In no event do we accept liability of any description, including liability for negligence (except for personal injury or death), for any damages or losses (including, without limitation, loss of business, revenue, profits, or consequential loss) whatsoever resulting from the use or inability to use this Website.

 

Exclusion of Vivace Fitness (Vivace Enterprises Ltd) liability

The use of our Site is at your own risk. We shall not be liable to any person for any loss or damage that may arise from the use of any of the information contained in any Content on our Site.

Nothing in these terms and conditions of use shall exclude our liability for death or personal injury resulting from our negligence or any other liability that we are prohibited from excluding by law.

Subject to the preceding paragraph:

the Content is provided on an "as is" basis. We shall not be liable for any loss or damage or for any costs, claims or demands of any nature whether arising out of tort (including negligence), contract or otherwise brought against you by any party arising directly or indirectly in connection with the use, inability to use, or performance of, our Site and all other conditions, warranties and other terms, whether expressed or implied by law or otherwise to the contrary are hereby excluded to the maximum extent permitted by applicable law;
in no event shall we be liable either in contract, tort, negligence, statutory duty or otherwise for any loss of profits, revenue, goodwill or any type of consequential loss, indirect, special, exemplary or punitive loss or damage whatever arising from or in any way connected with the use, inability to use, or performance of, our Site, even if we have been specifically advised of the possibility of such loss or damage; and
except in relation to such liability as has been expressly excluded in the preceding paragraphs, our maximum aggregate liability in contract, tort, negligence, statutory duty or otherwise for any loss or damage whatever arising from or in any way connected with (i) any performance or non-performance by us of any obligation assumed by us under our Site, these terms and conditions or otherwise; or (ii) any liability not excluded by these terms and conditions, shall in respect of any one or more events or series of events (whether connected or unconnected) taking place within any 12 month period be limited to £[25,000]. This limit shall also apply if any exclusion or other provision contained in these terms and conditions is held to be invalid for any reason and we become liable for loss or damage that could otherwise have been limited.

Although we shall take reasonable steps to prevent the introduction of viruses, we do not warrant that any information or other Content accessible via our Site is free of viruses, trojan horses or other harmful matter, nor that our Site will be error free.

Your liability to us

You may be liable for reasonable losses within the contemplation of the parties at the time that the contract was entered into.

 

Liability in connection with purchased product

We warrant to you that any Product purchased from us through our site is of satisfactory quality. 

Our liability in connection with any Product purchased through our site is strictly limited to the purchase price of that Product. 

This does not include or limit in any way our 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.

We accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. Except for any matter which it would be illegal for us to exclude, or attempt to exclude our liability for.

 

Copyright

Our Site may contain trade and service marks belonging to third parties.

You may not use or reproduce any trade or service marks appearing on our Site for any purpose without the prior agreement of the relevant owner

Unless otherwise specified the copyright in the contents of all the pages in this Website are owned or licensed to Vivace Enterprises Ltd, or are used with permission from the owner.

The contents of this Website may not be copied, reproduced, modified, downloaded or used in any form without the prior written permission of Vivace Enterprises Ltd, except when this occurs incidentally while using the site for private and non-commercial use.

 

Law and Jurisdiction

Our Site is controlled by Vivace Enterprises Ltd, a company incorporated under the laws of England and Wales.

These terms and conditions shall be governed by, and construed in accordance with, English law, without giving effect to any principles or conflict of laws.

Severability

If any item or provision contained in this agreement or any part of it ('an offending provision') is declared to be or becomes unenforceable, invalid or illegal for any reason whatsoever (including but without detracting from the generality of the foregoing a decision by the competent domestic or European courts, an Act of Parliament, European Union legislation or any statutory or other bye-laws or regulations or any other requirements having the force of law) the other terms and provisions of this agreement shall remain in full force and effect as if it had been executed without the offending provision appearing in it. If the exclusion of any offending provision will in the Manufacturer's opinion adversely affect either the Trade Marks or his right to receive payment of all or any fees or remuneration under this agreement, he may terminate this agreement by 30 days' written notice to the Distributor.

The terms of this contract do not affect your statutory rights.