Terms and Conditions
ECHELON FIT UK TERMS AND CONDITIONS
- THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THE ECHELON WEBSITE OR APP, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
THE ECHELON SERVICES PROMOTE PHYSICAL ACTIVITY. CONSIDER THE RISKS INVOLVED AND CONSULT WITH YOUR PHYSICIAN OR A MEDICAL PROFESSIONAL BEFORE ENGAGING IN ANY PHYSICAL ACTIVITY. ECHELON IS NOT RESPONSIBLE NOR LIABLE FOR ANY INJURIES OR DAMAGES YOU MAY SUSTAIN AS A RESULT OF USING ECHELON PRODUCTS OR TAKING PART IN ACTIVITIES PROMOTED VIA ECHELON SERVICES.
These terms and conditions (these "Terms") apply to the purchase and sale of
consumer products (the “Products”) and services through echelonfit.uk and through mobile, desktop, or device applications (including iOS and Android applications (each an “App” and together the “Apps”)) (collectively, the "Site"). These Terms are subject to change by Echelon Fitness Multimedia, LLC (referred to as “Echelon”, "us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site, and you should review these Terms before purchasing any product or Services that are available through this Site. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes.
These Terms apply generally to the use of the Site, Echelon FitPass Subscription, the
- Echelon FitPass Subscription and Automatic Renewal. Your Echelon FitPass subscription automatically renews unless auto-renew is turned off at least 24 hours before the end of the subscription trial period. You will be charged through your iTunes or Google Play store account. See pricing on App for the amount charged. Any unused portion of a free trial will be forfeited when the trial ends and subscription is purchased.
- License for Services. Subject to your compliance with these Terms and solely for so long as you are permitted by us to access and use the Services, Echelon grants you a limited, non-transferable, non-exclusive, revocable right and license to access and use the Services for your own personal, non-commercial purposes, a right which may not be assigned or sublicensed to anyone. Any other use is strictly prohibited. We may, in our sole discretion, refuse to offer the Service to any person or entity, or change the eligibility criteria at any time. This license will remain in effect unless you violate these Terms, or this license is terminated by you or Echelon. You agree not to copy, reproduce, redistribute, sell, transfer, create derivative works from, modify, decompile, reverse engineer, or disassemble any Service. If Echelon terminates your Account because you have breached the Terms, you may not be entitled to a refund of any unused credits, classes, or Membership, unless otherwise required by law. Echelon reserves the right to discontinue any aspect of the Site at any time.
- Your Account. To access the Services, you will need to establish an account. You may not use someone else’s name, or post, upload or submit any content that violates any third-party rights, is against the law, or that is offensive, obscene or otherwise objectionable (in Echelon’s sole discretion). Echelon may, in Echelon’s sole discretion, suspend, disable, or delete your account (or any part thereof) or block or remove any content that you submit, for any lawful reason, including if Echelon determines that you have violated these Terms or that your conduct or content may damage
Echelon’s reputation or goodwill. You are responsible for all activity that occurs under your account. You may not allow others to use your account. You agree to notify Echelon immediately if you suspect any unauthorised use of your Account, access to your password, or any other breach of security. You are solely responsible for the use of your Account. Although Echelon will not be liable for your losses caused by any unauthorised use of your Account, you may be liable for the losses of Echelon or others due to such unauthorised use.
- Third Party Content and Services. The Site may contain links to third party websites that are not owned or controlled by Echelon. Echelon has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites, including privacy and data gathering practices. In addition, Echelon will not and cannot censor or edit the content of any third-party site. By using the Site, you expressly relieve and release Echelon from any and all liability arising from your use of any third-party website.
- Sale of Products, Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all Products and Services listed in your order. Availability of Products and Services cannot be guaranteed. Product, service, and other information provided is subject to change without notice. Items depicted are for illustration only and are subject to change. Errors will be corrected where discovered, and we reserve the right to revoke any errors or omissions. All orders must be accepted by us or we will not be obligated to sell the Products or Services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between Echelon Fit UK Ltd and you will not take place unless and until you have received your order confirmation email.
Prices and Payment Terms.
- All prices posted on this Site are subject to change without notice. The price
charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices charges for shipping and handling. All such charges will be added to your merchandise total and will be itemised in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
- Terms of payment are within our sole discretion and, unless otherwise agreed
by us at the time of purchase, payment must be received by us before our acceptance of an order. You represent and warrant that (i) the credit or debit card information you supply to us is true, correct, and complete, (ii) you are duly authorised to use such credit or debit card for the purchase, (iii) charges incurred by you will be honoured by your card provider, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
- From time to time we will run offers which will be accessible using a discount code during the checkout process. In order to qualify for the offered discounts, the discount code must be used at time of purchase and cannot be applied retrospectively to your purchase. Discounts will not be refunded after purchase.
Shipments; Delivery; Title and Risk of Loss.
- We will arrange for shipment of the Products to you. Please check the
individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process.
- Title and risk of loss pass to you upon delivery to the delivery address specified in the order.
Shipping and delivery dates are estimates only and cannot be guaranteed.
We are not liable for any delays in shipments.
- Returns and Refunds. Every product is satisfaction guaranteed and may be returned within 30 days of delivery date as long as it is in brand new condition (including but not limited to scratches or dents) and it also must be returned in the original box with the user manual and power adaptor. The customer is responsible for shipping the Products back. You bear the risk of loss during shipment. Returns can be arranged on your behalf by our Customer Service Team and will be incur a shipping and restocking fee of £99.99 which will be deducted from any refund paid. Refunds will be made in the form of the original payment. Any credit for gift returns will be issued to the original purchaser. All returns must be in original/sellable condition and include the original packaging with all tags attached. Only items purchased from echelonfit.uk can be accepted for return. All returns require an authorization number. Please email us to initiate your return at CS@echelonfit.uk . WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE.
- DISCLAIMERS AND LIMITED WARRANTY.
THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY PER COUNTRY.
THIS LIMITED WARRANTY CAN ALSO BE FOUND IN THE DOCUMENTATION WE PROVIDE WITH THE PRODUCTS.
WE WARRANT THAT DURING THE WARRANTY PERIOD, THE PRODUCTS PURCHASED FROM THE SITE WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP.
WE PROVIDE THE SERVICES WITHOUT WARRANTY ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU THEREFORE USE THE SERVICES AT YOUR OWN RISK.
TO THE FULLEST EXTENT PERMITTED BY LAW, ECHELON, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PRODUCTS, SERVICES, THE SITE AND YOUR USE THEREOF. ECHELON MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE OR ITS CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE ECHELON SITE, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (2) PERSONAL INJURY OR DEATH OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE OR FROM THE CONDUCT OF ANY USERS OF THE SERVICES, (3) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
(4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY
BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE, AND (6) FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT MADE AVAILABLE VIA THE SITE.
WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT AND ANY OTHER WARRANTY THAT MIGHT ARISE UNDER ANY LAW.
OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPAIR, REPLACEMENT OR REFUND AS SET FORTH IN THIS WARRANTY STATEMENT. NEITHER ANY
PERFORMANCE OR OTHER CONDUCT, NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT OR ADVICE PROVIDED BY US OR ANY OF OUR SUPPLIERS, AGENTS OR EMPLOYEES WILL CREATE A WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OR DURATION OF THIS LIMITED WARRANTY.
- Who May Use This Warranty?
This limited warranty extends only to the original purchaser of Products and Services
from the Site. It does not extend to any subsequent or other owner or transferee of the product or any transferee or other beneficiary of the service.
- What Does This Warranty Cover?
This limited warranty covers during the Warranty Period (as defined below) defects in
materials and workmanship in Products.
- What Does This Warranty Not Cover?
This limited warranty does not cover any damages due to:
- improper use.
- failure to follow the product instructions or to perform any preventive maintenance;
- combination or use with any products, materials, processes, systems or other matter not provided or authorised in writing by Echelon Fit UK;
- unauthorised repair;
- normal wear and tear; or
- external causes such as accidents, abuse, or other actions or events beyond our reasonable control.
- What is the Period of Coverage?
This limited warranty on Products starts on the date of your purchase and lasts for one
year (the "Warranty Period"). The Warranty Period is not extended if we repair or replace a warranted product or re-perform a warranted service. We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.
- What Are Your Remedies Under This Warranty?
With respect to any defective Products during the Warranty Period, we will, in our sole
discretion, either: (i) repair or replace such Products (or the defective part) free of charge or (ii) refund the purchase price of such Products. We will also pay for shipping and handling fees to return the repaired or replacement product to you if we elect to repair or replace the defective Products.
With respect to any defective Services during the Warranty Period, we will, in our sole
discretion, either: (i) repair or re-perform the defective Services free of charge or (ii) refund the purchase price of such Services.
- How Do You Obtain Warranty Service?
To obtain warranty service, you must email our Customer Service Department at CS@echelonfit.uk during the Warranty Period to obtain an RMA number. No warranty service will be provided without an RMA number.
- Limitation of Liability
THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT OR SERVICE THAT YOU HAVE PURCHASED THROUGH THE SITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS OR SERVICES, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.
- Indemnification. You agree to defend, indemnify and hold harmless Echelon, its parent corporation, officers, directors, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from your use of and access to the Services, or your violation of these Terms. This defence and indemnification obligation will survive these Terms and your use of the Services.
- Goods Not for Resale or Export. You agree to comply with all applicable laws and regulations including all Export Regulations. You represent and warrant that you are buying Products or Services from the Site for your own personal or household use only, and not for resale or export.
Intellectual Property Use and Ownership. You acknowledge and agree that:
- All uses on this Site of the terms "sell," "sale," "resell," "resale," "purchase," "price" and the like mean the purchase or sale of a license for the Services. Each Service marketed on this Site is made available solely for license, not sale, to you and other prospective customers under the terms, conditions, and restrictions contained herein.
- Echelon Fit UK Ltd are and will remain the sole and exclusive owners of all intellectual property rights in and to each Product and Service made available on this Site and any related specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, patents, trademarks and other intellectual property rights, subject only to the limited license granted under these Terms. You do not and will not have or acquire any ownership of these intellectual property rights in or to the Products or Services made available through this Site, or of any intellectual property rights relating to those Products or Services.
- Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, pandemic, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labour disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication or internet breakdown or power outage.
- Governing Law, Venue and Jurisdiction. To the extent the parties are permitted under these Terms to initiate litigation in court, these Terms shall be governed by and construed in accordance with the internal laws of England and Wales.