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8.1       Limitation of liability

8.1.1    We will only be liable to you for any proven loss or damage that you suffer as a result of our breach of, or failure to comply with, these terms and conditions and which are a foreseeable consequence of such breach or failure.  We will not be liable to you for any loss or damage that was not caused by a breach or failure on our part, or that is not foreseeable.

8.1.2    We will not be liable for business losses, including the following types of loss:

8.1.2.1  loss of profits, income or revenue; or

8.1.2.2  waste of management or office time.

8.1.3    We do not exclude or limit our liability to you where it would be unlawful to do so. This includes liability for:

8.1.3.1  death or personal injury caused by our negligence;

8.1.3.2  fraud or fraudulent misrepresentation;

8.1.3.3  any breach of the obligations implied by the Sale of Goods Act 1979; or

8.1.3.4  defective products under the Consumer Protection Act 1987.

8.1.4     Whilst we adopt industry standard protections against computer viruses, we are unable to warrant that the Website is free from computer viruses or any other malicious or impairing computer programs.

8.2       Events outside our control

8.2.1    We will not be liable or responsible for any failure to perform, or delay in performing, any of our obligations to you that is caused by events outside our reasonable control (a "Force Majeure Event"). A Force Majeure Event includes:

8.2.1.1  Strikes, lock-outs or other industrial action;

8.2.1.2  Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

8.2.1.3  Fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster;

8.2.1.4  Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

8.2.1.5  Impossibility of the use of public or private telecommunications networks; or

8.2.1.6  The acts, decrees, legislation, regulations or restrictions of any government.

8.2.2    In the event of a Force Majeure Event, our performance will be 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. We will use our reasonable endeavours to notify you of the Force Majeure Event, and find a solution by which our obligations to you may reasonably be performed despite the Force Majeure Event. If the failure or delay in performance is likely to be substantial, you can request a refund for any products that cannot be delivered due to the Force Majeure Event.

8.2.3    The Seller reserves the right to vary its in-store returns and exchanges policy where Customer access to changing rooms may be prohibited or otherwise limited. Please see in-store for details.

8.3       Written communications

Applicable laws require that some of the information or communications the Seller sends to you should be in writing. By accessing the Website, you accept that communication with the Seller will be primarily electronic through e-mail or notices posted on the Website. For contractual purposes, by accessing the Website you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that the Seller provides to you electronically comply with any legal requirement that such communications be in writing. 

8.4       Intellectual property rights

Unless otherwise specified the intellectual property rights in the contents of all the pages in this Website, are owned or licensed to us (or a member of our group of companies), 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 our prior written permission.

8.5       Safety warning

Physical activities can be hazardous. The selection and use of suitable equipment requires skill, and you should ensure you are appropriately equipped and trained. In the interests of your safety and the safety of others, you should also ensure that you are properly trained in the techniques you will need to employ in pursuit of your chosen activity. We recommend that you seek and take the advice of a suitably qualified person before purchasing your equipment. Once purchased, the equipment should only be used in accordance with the manufacturer's instructions and should likewise be inspected before use and properly maintained.

8.6       WEEE Regulations

8.6.1    The EU's Waste and Electrical and Electronic Equipment (WEEE) Directive is implemented into UK law via the Waste and Electrical and Electronic Equipment Regulations 2013.

8.6.2    The legislation aims to make producers pay for the collection, treatment and recovery of waste electrical equipment. The regulations also mean that suppliers of equipment like high street shops and internet retailers must allow consumers to return their waste equipment free of charge.

8.6.3    The amount of WEEE we throw away is increasing by around 5% each year, making it the fastest growing waste stream in the UK.

8.6.4    Much of the UK’s WEEE ends up in landfill, where the lead and other toxins it contains can cause soil and water contamination. This can have a harmful effect on natural habitat, wildlife and also human health.

8.6.5    Many electrical items that we throw away can be repaired or recycled. Recycling items helps to save our natural finite resources and also reduces the environmental and health risks associated with sending electrical goods to landfill.

8.6.6    Distributors of Electrical Electronic Equipment (EEE) have a part to play in reducing the amount of WEEE going into landfill sites.

8.6.7    We are obliged to offer our customers free take-back of their WEEE on a like-for-like basis when you buy from us a new Electrical or Electronic product.

8.6.8    For example, if a customer bought a new stopwatch/pedometer from us we would accept their stopwatch/pedometer and prevent it going into landfill site by disposing of it safely. Customers must return their WEEE item to us within 28 days of purchasing their new item.

8.6.9    Under the WEEE regulations, all new electrical goods should now be marked with the crossed-out wheeled bin symbol shown below:

8.6.10   Goods are marked with this symbol to show that they were produced after 13th August 2005, and should be disposed of separately from the normal household waste so that they can be recycled.

8.7       Our right to vary these terms and conditions

8.7.1    We reserve the right to revise and amend these terms and conditions from time to time. You will be subject to the terms and conditions that are in force at the time that you order goods from us unless we notify you of any changes to these terms and conditions before we accept your order, 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 seven (7) working days of receipt by you of the goods.

8.8       Governing law and jurisdiction

8.8.1    These terms and conditions are subject to the laws of England and Wales. Any claims relating to these terms and conditions are subject to the exclusive jurisdiction of the English courts.

8.8.2     Nothing in these terms and conditions is intended to affect your local statutory rights.