Terms of service
gymwear, activewear, clothing and related accessories.
Fit Freakz is operated by:
Legal business name: [LEGAL COMPANY NAME]
Trading name: Fit Freakz
Company number: [COMPANY NUMBER]
Registered office: [REGISTERED OFFICE ADDRESS]
Trading/returns address: [TRADING ADDRESS – IF DIFFERENT]
VAT number: [VAT NUMBER – IF APPLICABLE]
Email: [CUSTOMER SERVICE EMAIL]
References in these Terms & Conditions to “Fit Freakz”, “we”, “us” or “our” mean the business identified above.
References to “you” or “customer” mean the person using our website or purchasing products from us.
UK online businesses are required to provide customers with specified business and contact information before an order is placed, including an email address and VAT number where applicable.
2. Our Website
Our website allows customers to browse and purchase Fit Freakz products.
We may update, modify, suspend or change parts of our website from time to time.
We do not guarantee that the website will always be available without interruption or error. We may temporarily restrict access where reasonably necessary for maintenance, security, updates or circumstances outside our reasonable control.
Any restriction of access to the website will not affect orders that have already formed a binding contract except where circumstances outside our reasonable control prevent us from fulfilling the order.
3. Eligibility to Purchase
By placing an order with us, you confirm that:
you are legally capable of entering into a binding contract;
the information you provide is accurate and complete;
you are authorised to use the payment method provided; and
you are purchasing products for lawful purposes.
If you are under 18, you should only place an order with the involvement of a parent or guardian where required.
4. Product Information
We take reasonable care to ensure product descriptions, photographs, measurements, colours and other information displayed on our website are accurate.
However, the appearance of colours may vary depending on your device, screen settings and lighting conditions.
Photographs are provided as a representation of the product and minor differences in colour, positioning, finish or appearance may occur.
Measurements and sizing information are approximate unless expressly stated otherwise.
Nothing in this section limits your statutory rights. Goods supplied to consumers must be as described, of satisfactory quality and fit for purpose where applicable. Those rights cannot simply be excluded through contractual wording.
5. Sizing
Customers are responsible for selecting their required size when ordering.
Where available, sizing guides are provided to assist with your selection.
Because fit may vary depending on body shape, garment design, fabric and personal preference, sizing guidance is intended as guidance rather than a guarantee that a particular size will fit every customer in the same way.
If you order the wrong size or decide that you would prefer another size, this will normally be treated as a change-of-mind return and our Returns & Refund Policy will apply.
6. Prices
All prices displayed on our website are shown in pounds sterling unless stated otherwise.
Where VAT is applicable, displayed consumer prices will include VAT unless expressly stated otherwise.
Delivery charges, where applicable, will be shown before you complete your purchase.
We may change prices at any time, but a price change will not normally affect an order for which a binding contract has already been formed.
If we discover an obvious pricing error before accepting your order, we may contact you and give you the opportunity to purchase the product at the correct price or cancel the order.
UK online sellers must provide customers with the total price, relevant taxes and delivery charges or explain how those charges will be calculated before purchase.
7. Promotions and Discount Codes
Promotional offers and discount codes may be subject to additional terms displayed at the time of the promotion.
Unless stated otherwise, discount codes:
cannot normally be exchanged for cash;
cannot normally be applied retrospectively to completed orders;
may have an expiry date;
may be limited to particular products or customers; and
may not be used together with other promotions.
We reserve the right to withdraw or amend a promotion where there has been an obvious error, technical issue, misuse, fraud or other legitimate reason.
We will not use promotional terms in a way that overrides your statutory rights.
Sales promotions must be presented honestly and transparently.
8. Placing an Order
When you place an order through our website, you are making an offer to purchase the products in your basket.
You should check your order carefully before submitting it.
You are responsible for ensuring that your delivery address, email address and other order information are accurate.
Our checkout will make clear when clicking the final payment/order button creates an obligation to pay. UK online-selling rules require traders to make this clear and to take reasonable steps to allow customers to correct ordering errors.
9. Order Confirmation and Acceptance
After you place an order, you should receive an electronic confirmation acknowledging that we have received it.
Receipt of an automated acknowledgement does not necessarily mean that we have accepted your order.
Unless stated otherwise in our checkout or confirmation process, a binding contract between you and us is formed when we accept your order and confirm that it is being processed or dispatched.
We reserve the right to decline an order before acceptance where reasonably necessary, including where:
the product is unavailable;
payment cannot be authorised;
there is an obvious pricing or product-description error;
we reasonably suspect fraudulent activity;
delivery cannot be made to the supplied address; or
the order breaches these Terms & Conditions.
If we have taken payment but cannot accept the order, we will refund the amount paid.
Online traders are required to provide confirmation of the contract as soon as possible and no later than the relevant statutory deadline.
10. Product Availability
All products are subject to availability.
Placing a product in your basket does not reserve it.
Occasionally, a product may become unavailable after an order has been placed.
If this happens, we will contact you as soon as reasonably possible and refund any amount paid for the unavailable product.
Where appropriate, we may offer an alternative, but we will not substitute a materially different product without your agreement.
11. Payment
Payment must be made using one of the payment methods offered during checkout.
Available payment methods may vary.
Payment processing may be provided by third-party payment providers.
You agree to provide accurate payment information and confirm that you are authorised to use the payment method selected.
We may carry out or permit reasonable fraud-prevention and payment-verification checks.
12. Delivery
Delivery options, estimated times and applicable charges will be displayed during checkout.
Any delivery date provided is an estimate unless we expressly agree that a particular date is guaranteed.
We will take reasonable steps to dispatch and deliver orders within the time indicated.
Under UK distance-selling rules, goods must generally be delivered within 30 days unless another delivery period has been agreed with the customer.
We are not responsible for delays caused by circumstances outside our reasonable control, provided we take appropriate steps to minimise the effect of the delay and comply with our legal obligations.
13. Delivery Addresses
It is your responsibility to provide a complete and accurate delivery address.
Please check your address carefully before submitting your order.
If you discover an address error, contact us immediately.
We cannot guarantee that an address can be changed once an order has entered our fulfilment or dispatch process.
If an order is returned to us because an incorrect or incomplete address was supplied, or because the customer did not collect the parcel, we may require payment of reasonable additional delivery costs before sending it again.
Nothing in this section affects your statutory rights.
14. Risk and Ownership
Responsibility for goods will pass to you when the goods are delivered to you or to a person identified by you to receive them, subject to applicable consumer law.
Ownership of the goods will pass to you when we have received payment in full.
15. Your Right to Cancel
If you purchase goods from us online as a consumer, you normally have the legal right to cancel your order without giving a reason within 14 days of receiving the goods.
After notifying us of your decision to cancel within that period, you normally have a further 14 days in which to return the goods.
There are limited statutory exceptions to the right to cancel, including certain personalised goods and certain sealed products that are not suitable for return for health or hygiene reasons once unsealed.
Full details are set out in our Returns & Refund Policy.
16. Change-of-Mind Returns
For eligible change-of-mind returns, you are responsible for the cost of returning the goods to us.
This includes returns because:
the item does not fit;
you ordered the wrong size;
you changed your mind;
you prefer another colour; or
you no longer want the item.
You should notify us of your intention to cancel within the applicable 14-day cancellation period and return the goods in accordance with our Returns & Refund Policy.
We recommend using a tracked return service and keeping proof of postage.
17. Condition of Returned Products
You are entitled to inspect products in a similar way to how you would reasonably inspect them in a physical shop.
Returned products should therefore, where applicable, be unworn other than for reasonable fitting, unwashed and returned with their original tags.
If you handle goods beyond what is reasonably necessary to establish their nature, characteristics and functioning, and this reduces their value, we may be entitled to make an appropriate deduction from your refund in accordance with applicable law.
18. Faulty, Damaged or Incorrect Products
If we supply a product that is faulty, damaged, incorrectly supplied, not as described or otherwise fails to meet your statutory rights, please contact us as soon as reasonably possible.
We may ask for photographs or other reasonable information to help us identify the issue.
We may also ask you to return the product where appropriate.
Where a return is required because goods are faulty, damaged or incorrectly supplied, the customer will not be required to bear reasonable return costs that legally fall on us.
Your legal rights in relation to defective goods are separate from our change-of-mind returns policy.
UK consumer rights require goods to be as described, satisfactory quality and fit for purpose, and contractual terms cannot lawfully remove those protections.
19. Refunds
Where a refund is due, it will normally be made to the original payment method.
For statutory cancellation of an entire online order, any refund entitlement will be calculated in accordance with applicable consumer law and our Returns & Refund Policy.
Where required by law, the refund may include the cost of our least expensive standard delivery option.
Additional amounts paid for premium or express delivery may not be refundable beyond the standard delivery amount where the law permits.
We may withhold a cancellation refund until we receive the returned goods or evidence that they have been sent back, where legally permitted.
Please refer to our Returns & Refund Policy for full details.
20. Exchanges
We do not guarantee direct exchanges.
If you require another size, colour or product, we may ask you to return the original item and place a new order.
Availability of replacement products cannot be guaranteed.
21. Hygiene-Sensitive Products
Where we sell sealed goods that are not suitable for return for health protection or hygiene reasons, the statutory right to cancel may cease once the relevant seal has been broken where the legal exemption applies.
This may be relevant to certain underwear or intimate products.
This restriction does not remove your rights where a product is faulty, damaged or not as described.
22. Gift Cards
If we offer gift cards, any additional terms shown when purchasing the gift card will apply.
Gift cards cannot normally be exchanged for cash except where required by law.
Gift card balances must be used before any applicable expiry date, where an expiry date is lawfully imposed and clearly communicated.
23. Website Content
Unless otherwise stated, the content of our website is owned by or licensed to Fit Freakz.
This includes branding, logos, product photographs, graphics, text, website design and other original material.
You may use our website for personal, non-commercial shopping purposes.
You must not reproduce, redistribute, commercially exploit or republish our protected content without our permission except where permitted by law.
24. Fit Freakz Branding
The Fit Freakz name, branding, logos, designs and associated visual identity may be protected by intellectual property rights.
Nothing in these Terms & Conditions grants you ownership or permission to use those rights for commercial purposes.
25. Reviews and User Content
Where our website allows customers to submit reviews, photographs, comments or other content, that content must be genuine and relate to an actual experience where represented as such.
You must not submit content that is knowingly false, unlawful, defamatory, threatening, abusive, discriminatory, obscene, fraudulent or infringes another person's rights.
We may remove content where we reasonably believe it breaches these requirements or where removal is otherwise required by law.
We will not knowingly publish fabricated customer reviews or misleadingly present reviews as genuine customer experiences. Current CMA guidance specifically addresses businesses' responsibilities around fake reviews and unfair commercial practices.
26. Acceptable Use
You must not misuse our website.
In particular, you must not knowingly introduce malware or other harmful technology, attempt unauthorised access to our systems, interfere with website security, use automated systems to abuse our services, engage in fraudulent transactions or use our website for unlawful purposes.
We may restrict access or cancel orders where we reasonably believe the website is being misused, subject to applicable law.
27. Fraud and Abuse
We reserve the right to investigate transactions that reasonably appear fraudulent or abusive.
This may include unusual payment activity, repeated fraudulent chargebacks, deliberate misuse of promotions, attempts to obtain refunds dishonestly or use of stolen payment information.
Where reasonably necessary, we may decline or cancel an order before fulfilment and refund any money due.
Nothing in this section allows us to refuse legitimate statutory rights or remedies.
28. Liability
Nothing in these Terms & Conditions excludes or limits liability where doing so would be unlawful.
In particular, we do not exclude liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or your statutory rights relating to faulty goods and goods that are not as described.
UK consumer contract rules prohibit businesses from using terms to avoid responsibility for matters including death or injury, faulty goods and goods that are not as described.
Subject to those rights and restrictions, we will not be responsible for losses that were not reasonably foreseeable when the contract was entered into or losses arising from your use of products for business or commercial purposes where you purchased as a consumer.
29. Personal Use
Products sold through our consumer website are primarily intended for personal use unless otherwise agreed.
If you purchase products principally for commercial resale or business purposes, different legal rights may apply.
Please contact us before placing substantial wholesale or resale orders.
30. Events Outside Our Reasonable Control
We will not be responsible for failure or delay caused by circumstances genuinely outside our reasonable control.
This may include significant courier disruption, natural disasters, severe weather, fire, widespread telecommunications failures, industrial disputes, governmental action or other exceptional events.
Where such circumstances affect an order, we will take reasonable steps to minimise the impact and keep customers appropriately informed.
Your statutory rights remain unaffected.
31. Third-Party Services
Our website may use third-party services such as payment providers, delivery companies, analytics providers, social-media services or ecommerce technology providers.
Their own terms and privacy policies may apply when you use their separate services.
We are not responsible for independent third-party websites simply because our website contains a link to them.
32. Privacy and Personal Information
We process personal information in accordance with our Privacy Policy and applicable data-protection law.
Please read our Privacy Policy for information about how we collect, use, retain and protect your personal information.
33. Changes to These Terms
We may update these Terms & Conditions from time to time, for example where our business practices, website, services or applicable law change.
The terms applying to an order will normally be those in force when the contract for that order was formed.
We will not retrospectively change an existing consumer contract in a way that unfairly removes rights already acquired by the customer.
Consumer terms need to remain fair and transparent, and contractual wording significantly weighted in favour of the trader may be unenforceable.
34. Severability
If any part of these Terms & Conditions is found by a court or other competent authority to be unlawful, invalid or unenforceable, the remaining provisions will continue to apply so far as legally possible.
35. No Waiver
If we do not immediately enforce a right under these Terms & Conditions, that does not necessarily mean that we have waived that right.
Likewise, allowing extra time or making an exception in one case does not automatically require us to make the same exception in future cases.
36. Third-Party Rights
Unless expressly stated otherwise, these Terms & Conditions are between you and us.
No other person will normally have a right to enforce their terms except where applicable law provides otherwise.
37. Complaints
If you have a problem with an order or our service, please contact us first so that we have an opportunity to resolve the issue.
Email: [CUSTOMER SERVICE EMAIL]
Please provide your order number and enough information for us to understand the issue.
We aim to deal with complaints fairly and within a reasonable period.
38. Governing Law
If Fit Freakz is operated by a business established in England and Wales, these Terms & Conditions and contracts between us are governed by the laws of England and Wales.
If you are a consumer resident elsewhere in the UK, you may also benefit from mandatory protections provided by the law applicable where you live.
Nothing in these terms is intended to deprive a consumer of mandatory legal protections that apply to them.
39. Entire Agreement
These Terms & Conditions, together with our Returns & Refund Policy, Privacy Policy and any other terms expressly incorporated into your purchase, form the agreement governing your order.
Nothing in this provision excludes liability for fraud or prevents you relying on statutory consumer rights.
40. Contact Us
For questions about these Terms & Conditions, orders, deliveries or returns, contact:
Fit Freakz
[LEGAL COMPANY NAME]
[BUSINESS ADDRESS]
Email: [CUSTOMER SERVICE EMAIL]
Company number: [COMPANY NUMBER]
VAT number: [VAT NUMBER, IF APPLICABLE]