Vibra Fit North America
Last modified: May 2016
These are the terms and conditions of sale ("terms and conditions") govern your purchase of all Vibra Fit products ("products") from the parent company of Vibra Fit North America: MSI Distributors LTD. By making a purchase, issuing a purchase order, placing an order or otherwise shopping on the website at www.vibra-fit.com (the "website") or through our affiliates, you accept and are bound by these terms and conditions. If you are unwilling to accept these terms and conditions, we ask that you do not purchase our products.
1. Your Status
By placing an order with us, you promise that you are at least 18 years old.
2. Not For Resale or Export
You agree and represent that you are buying Products only for your own use and not for resale or export within or outside the countries in which Product is delivered.
Your submission of an order shall constitute your full acceptance of these Terms and Conditions. IF YOU DO NOT ACCEPT THESE TERMS, PLEASE DO NOT SUBMIT AN ORDER. Your order constitutes an offer to us to buy the Product and all orders are subject to availability and acceptance by us. We will send you an email or other written confirmation acknowledging receipt of your order, but please note that this does not constitute acceptance by us. The contract for purchase of the Product is formed when we send you a confirmation by email or otherwise in writing. We may reject any order you place with us, and/or limit the quantities on any order if, for example, the Product in question is not in stock, if we are unable to authorise your payment, if you do not meet any other eligibility criteria set out in these Terms and Conditions, or if any information provided by you is found to be incorrect (although you will have an opportunity to verify and confirm or correct all such information prior to placing your order).
4. Cancellation of Orders
If you wish to cancel an order placed with us, please notify us by contacting our customer service team (details on Contact Us page of www.vibra-fit.com) by no later than seven (7) working days from the day after delivery, in which case, you will be entitled to a refund of 100% of the purchase price paid by you for the Product, and any original delivery charges. If the Product has been delivered, you will also need to return it to us in a re-saleable condition at your own cost and, unless it is faulty, incorrect or has been incorrectly described. Alternatively, we will be happy to collect the Product from you at no charge. If you cancel an order placed with us for Product which requires any custom modification requested by you, you will be charged for any and all actual costs incurred at the time of cancellation, which may include, without limitation, special materials, dies, plates, artwork, labour, tooling and overhead. If you wish to cancel an order under these terms, please follow the procedure for Return of Non-Faulty Products set out at section 12(i) below. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
The price of a Product shall be as stated on our Website and/or our direct sales materials from time to time except in the case of obvious error. Prices shown are inclusive of Value Added Tax, but may be subject to additional taxes which are payable by you. We try and ensure that all prices displayed on this Website and our direct sales materials are accurate but errors may occur. If we discover an error in the price of a Product you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If you cancel and you have already paid for the Product, you will receive a full refund, including any delivery or installation charges paid.
6. Payment Terms
Unless otherwise indicated, the purchase price of Products will be billed in full at the time the Product is ordered. We will charge credit cards upon ordering. We accept payment via PayPal, Visa, Solo, Switch, Discover and Mastercard. We do not accept cash, cash on delivery, purchase orders or personal cheques unless specific arrangements have been made. These payment terms are subject to change from time to time.
7. Shipping and Handling
Please note that we only accept orders from this Website or through our Affiliates for. We shall endeavour to deliver Products to you as soon as possible after you place your order, usually within 15 working days of your order. However, all delivery dates are estimates only and if we are unable to dispatch the Product within that time we will email or telephone you to let you know and to give you an estimated delivery date. In these circumstances you have the right to cancel the order and receive a full refund including any delivery or installation charges paid.
Due to the size of some of our Products, we MUST be informed of any restrictions regarding access for delivery vehicles. We must also be informed of any restrictions regarding access to the property given the size of the product you are ordering (available on the Product page of our Website). If you refuse to accept delivery of your order for any reason other than the Product being damaged in transit, you will be liable for all outward and return delivery charges incurred, and we reserve the right to charge you a restocking fee up to a maximum of 15% of the Product price. Deliveries will usually be made on Mondays to Fridays between 9am and 5.30pm. If you or the intended recipient are not available, our courier will leave a card at the delivery address confirming that they have tried to deliver. Follow the instructions on this card to rearrange delivery or to collect your Products.
8. Risk and Ownership
As soon as the Product is delivered to you, you are responsible for it. Notwithstanding delivery, we (MSI Distributors Ltd) shall retain ownership of all goods until you have finished paying for them, except that title to any software embedded in the Product will remain with the applicable licensor and is subject to any licence agreement related to the software.
9. Limited Home Use Warranty
All Vibra Fit branded Products sold for home use are provided with a limited warranty against defects in material and workmanship for 1 yearl from the date of order. Details of MSI Distributors Ltd Home Warranty terms will be included with your Products, or otherwise set out in our product guides or related literature, made available on our Website, or, in the case of optional extended warranties issued by us, such extended warranty documentation. Please be aware that this warranty:
(i) does not apply to any commercial use made of the Products.
YOU HAVE CERTAIN STATUTORY RIGHTS. THESE INCLUDE THAT ANY PRODUCTS SUPPLIED BY US WILL BE OF SATISFACTORY QUALITY, FIT FOR THEIR INTENDED PURPOSE, AND WILL CONFORM TO ANY DESCRIPTION GIVEN ON OUR WEBSITE AND OUR DIRECT SALES MATERIALS. NOTHING IN THESE TERMS AND CONDITIONS IS INTENDED TO LIMIT OR AFFECT THESE STATUTORY RIGHTS. FOR MORE INFORMATION ON YOUR STATUTORY RIGHTS, CONTACT YOUR LOCAL TRADING STANDARDS OFFICE OR CITIZENS ADVICE BUREAU.
10. Health Warning
All content displayed on our Website or otherwise provided to you by us is for informational purposes only and is not intended to be a substitute for professional medical advice, diagnosis or treatment. While our desire is to be responsive to your specific needs and questions, we do not assume responsibility for any specific use or application of any Products, including, but not limited to, compatibility with other equipment and fitness programs or regimens used by you or recommended to or by you. Vibra Fit is first and foremost concerned for your safety, and we urge you consult with a physician or health specialist before using Vibra Fit products where necessary. Any use by you of the Products will be at your own risk.
11. Product Changes
We continually update and revise our Products. We may revise and/or discontinue Products at any time. Changes in Products delivered and Products described on our Website and/or direct sales materials are possible. Our Products are new unless specified as refurbished. Our acceptance of your order in no way obligates us to continue to furnish any particular model after delivery of the Product to you. Repairs and spare parts for discontinued Products will be provided by us for one (1) year after discontinuation or any such longer period as may be specified in any Product discontinuation notice. We may, at our option, offer upgrade packages or an opportunity to replace for a discontinued Product if spare parts are not available during any such period.
12. Return Policy
(i) Return of Non-Faulty Products
We want you to be happy with your purchase from us. If you are unhappy with the Product in any way please contact our customer service team (Please see contact page for details) as soon as possible. In addition to your right to cancel your order, as set out in Section 5 above, if for any reason you are not completely satisfied with a Vibra Fit branded Product purchased through our Website, you may return the Product to us and we will refund the purchase price of the Product, provided:
- it is in fully re-saleable condition; and- you notify us of your wish to cancel your order within 30 days of receipt.
Telephone or e-mail (see contact page for details) and quote your order number, contact details and the reason for the return. We will email or telephone you back with further instructions. Customers will have to arrange for machines to be returned to us in case they would like to return their machine without it being faulty. In an event when a customer cannot do this, we can try to arrange for the courier to come to collect the Product you wish to return from the address to which it was delivered, providing you pay for shipping costs prior to this being arranged. If you notify us of your wish to return a Product more than seven (7) days after the day following delivery, please note that any delivery and handling charges for the initial delivery (if any) are non-refundable, and we reserve the right to charge you a cancellation fee which is sufficient to cover our lost expenses and handling charges.
Refunds of the original sale price will be issued in the same form as the original payment. Please allow up to thirty (30) days after our receipt of the returned Product for us to credit your account. In order to receive a refund, Products must be returned in a re-saleable condition with all paperwork, parts and accessories included. If any Product is not returned to us in fully re-saleable condition with the original packaging, we may at our option offer a refund, but reserve the right to deduct a sum from the refund amount which reasonably reflects the degree of any repair or replacement required to make such Product re-saleable, up to a maximum of 15% of the original selling price.
(ii) Return of faulty Products:
If a Product is faulty or does not meet the description given on the website, please contact us as soon as possible (see contact us page for details), confirming whether you would like a refund or the repair or replacement of your existing Product. Where you elect a refund, we will refund the purchase price (including any original delivery charges) no later than thirty (30) days from the day on which you purchased the item. Alternatively, we will at no additional cost, repair your Product or deliver a replacement in accordance with the MSI Distributors Limited Home Warranty provided with the Product. Reimbursement of any other costs must be separately agreed between us. This only applies to products purchased directly from this website and not from third party sellers.
13. Our Liability To You
We do not seek to exclude liability for fraudulent misrepresentation by us or our employees or agents. Nothing in these terms and conditions is intended to limit or affect your statutory rights.
If we breach these terms and conditions, we shall only be liable for losses which are a reasonably foreseeable consequence of such a breach. Losses are foreseeable where they could be contemplated by you and us at the time of purchase. We are not responsible for indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us at the time of purchase, such as for example loss of profits, loss of opportunity or consequential damages.
If we fail for any reason within our control to perform our obligations under these terms and conditions, you agree that our total liability to you for any loss or damage arising in connection with these terms and conditions shall be no more than 1.5 times the amount invoiced for the product in question.
14. Events Beyond Our Control
While our goal is to meet all of our performance obligations to you, we shall not be liable for any failure or delay in the manufacture or delivery of Products or our services as a result of any Events Beyond Our Control. "Events Beyond Our Control" means any cause beyond our reasonable control including, but not limited to fire, flood, storm, riot, civil disturbance, war, nuclear accident, terrorist activity and acts of God, delays in transportation, material shortages, strikes or other labour disturbances, government intervention, embargoes, or equipment failures. In the event of shortage, we may allocate sales and deliveries in our sole discretion.
15. Waiver and Invalidity
If you breach these Terms and Conditions and we take no action against you, we shall still be entitled to use our rights and remedies in any other situation where you breach these Terms and Conditions. If any part of these Terms and Conditions is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.
16. Transfer and Non Assignment
This Agreement is personal to you. These Terms and Conditions are not intended to give rights to anyone except you and us. Apart from any unexpired warranties relating to the Product, you may not transfer or assign your rights or obligations under these Terms and Conditions to anyone else. If you sell or transfer the Product to another user, we will honour any unexpired guarantee or warranty provided the new user can produce satisfactory written evidence of the change in ownership.
You agree to compensate, indemnify, defend and hold harmless, MSI Distributors LTD, against any claims or legal proceedings brought against us by any other person as a result of your breach of these Terms and Conditions or your negligence.
(2) Licence to use website
Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved.
You must not:
(a) Republish material from this website (including republication on another website);
(b) Sell, rent or sub-license material from the website;
(c) Show any material from the website in public;
d) Reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;
(e) Edit or otherwise modify any material on the website;
(f) Redistribute material from this website except for content specifically and expressly made available for redistribution (such as our newsletter).
Where content is specifically made available for redistribution, it may only be redistributed within your organisation.
(3) Acceptable use
You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.
The advertising of products on our website constitutes an “invitation to treat” – not a contractual offer.
Prices stated on our website may be stated incorrectly.
The purchase of products via our website will be subject to our terms of sale.
We will ask you to agree to our terms of sale each time you purchase a product or products via our website.
(5) Product reviews
You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your reviews in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your reviews must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law and in any jurisdiction).
Your reviews and their publication on our website must not:
(a) Be libellous or maliciously false;
(b) Be obscene or indecent;
(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
(d) Infringe any right of confidence, right of privacy, or right under data protection legislation;
(e) Constitute negligent advice or contain any negligent statement;
f) Constitute an incitement to commit a crime;
(g) Be in contempt of any court, or in breach of any court order;
(h) Be in breach of racial or religious hatred or discrimination legislation;
(i) Be blasphemous;
(j) Be in breach of official secrets legislation;
(k) Be in breach of any contractual obligation owed to any person;
l) Depict violence in an explicit, graphic or gratuitous manner;
(m) Be pornographic or sexually explicit;
(n) Be untrue, false, inaccurate or misleading;
(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
p) Constitute spam;
(q) Be offensive, deceptive, threatening, abusive, harassing, or menacing, hateful, discriminatory or inflammatory;
(r) Cause annoyance, inconvenience or needless anxiety to any person.
Your reviews must be appropriate, civil, tasteful and accord with generally accepted standards of etiquette and behaviour on the internet.
You must not submit any reviews to the website that are or have ever been the subject of any threatened or actual legal proceedings or other similar complaint.
We reserve the right to edit or remove any reviews submitted to our website, or stored on our servers, or hosted or published upon our website.
(6) Limited warranties
Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.
To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
(7) Limitations and exclusions of liability
To the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature.
We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
We will not be liable to you in respect of any loss or corruption of any data, database or software.
We will not be liable to you in respect of any special, indirect or consequential loss or damage.
(a) Send you one or more formal warnings;
b) Temporarily suspend your access to the website;
(c) Permanently prohibit you from accessing the website;
(d) Block computers using your IP address from accessing the website;
(e) Contact your internet services provider and request that they block your access to the website;
(f) Bring court proceedings against you for breach of contract or otherwise; and/or
(g) Suspend and/or delete your account with the website.
(13) Exclusion of third party rights
(14) Entire agreement
(15) Law and jurisdiction