This website is owned by Diane Singleton Limited & DS Training Barrow Limited, a company registered in England. Our Store and trading premises is DS Fitness Centre, Barrow in Furness Cumbria LA14 5UB. We use the terms “we”, “our” and “us” throughout our terms and conditions and our customer service pages to refer to these Companies, trading as DS Fitness Solutions, DS Fitness Centre. DS Food & DS supplements

Agreement to delivery terms

Please be aware upon ticking the box to accept these terms and conditions you also agree to the terms set out in our delivery terms and conditions. Please view these terms in full.

Terms and conditions of our website.

We sell our products to you subject to the terms and conditions listed here. Please read them carefully before using the website. By using our website, you signify your agreement to be bound by these terms and conditions. If you do not agree with these terms and conditions, you should not use our website.

We understand that your privacy is important and we will treat any personal information you provide us as confidential and this will only be used and recorded in accordance with the Data Protection Act 1998. We promise to look after your personal information and we will not sell any information about you to any other party.

Personal information

We will only collect information about you if you willingly provide it. Please ensure you update your personal details if any of your details change. In order to do any of the following, you will need to provide us with certain details:

1. Place an order;

2.Sign up for emails;

3.Enter prize draws/competitions;

4.Take part in a survey (in this instance your details will be passed to a third party for research purposes); or

5.Give us feedback

The details you provide may include your name, email address, product selections, delivery address, telephone number, credit or debit card number, the card’s expiry date, and billing address. We will keep your personal information for as long as necessary and consistent with the purpose for which you have given it to us.

When you use this website, we may collect, store, and use the following kinds of data:

1.Information about your PC and your visits to this website such as your IP address, geographical location, browser type, referral source, length of visit and number of pages viewed to administer the website and improve the website and our services to you.

2. Information relating to any transactions carried out between you and the above companies on or in relation to this website, including information relating to any purchases you make of our goods and/or services. We will use this information to fulfil any order and communicate with you when necessary.

3. Information that you provide to us for the purpose of registering with us and allowing us to send you email notifications and/or promotional information.

4.Information that you provide to us for the purpose of signing up for our email newsletters. Personal data submitted to us will be used for the purposes specified in this section or as found elsewhere in the relevant parts of the website.

We may use your personal information to:

1. Administer the website.

2. Improve your browsing experience by developing and improving the design and layout of the website, through monitoring your usage.

3. Process your orders; and

4.Provide you with information such as news regarding the website, new services, and special offers or promotions that may be of interest to you via email, post or by mobile phone (also see ‘keeping in touch with you’ below).

Data Protection, we use the latest in Secure Server Technology to ensure that all of your personal and transactional information is protected to the highest standards. We never make your personal details available to companies outside our Companies for marketing purposes, although our representatives and appointed agents and business partners may hold your data so that your details and/or order can be processed and/or account maintained.

Cookies

When you enter this website, we will use cookies. Cookies are tiny text files that identify your computer to our server. These cookies in no way allow us access to your computer and do not store any details relating to you or your credit cards. They are used to record the areas of the site that you have visited and for how long, which provides us with useful usage information that helps us make our site more accessible to our users in line with their needs. The use of cookies helps us to improve the quality of service that we provide.

You may also see some of our content on other websites. For these adverts, our third-party providers may use software that can set a cookie to your browser, this will enable us to monitor whether you see the adverts, click on them and buy from our website. Cookies are placed on your computer if your browser is set to allow these. If you wish to ‘turn off’ cookies, then please check your browser’s help files for guidance on how to do so. The Help section is usually found in the Menu bar at the top of the browser. Some browsers provide help if the F1 key is pressed. However, you may lose some of the functionality of this website.

Keeping in touch with you

We want to keep you up to date with key information about new ranges, promotional offers, and what’s coming soon. We may also use your details to send you information, via email, post, or mobile phone, about other goods and services we sell or for research purposes. If you have registered to receive information from us, you can remove your email address from our list by using the ‘unsubscribe’ links at the bottom of the promotional emails we send you.

Third parties

Your personal information may be disclosed to other businesses within our Companies and to reputable third parties who will help process your order or send you emails on our behalf. We require all such third parties to treat your personal information as fully confidential and to fully comply with all applicable UK Data Protection and consumer legislation in place from time-to-time. We will not release your personal information to any external company for mailing or marketing purposes for goods or services unavailable from us unless we have your prior approval. We may pass on personal information about sales and website usage to reputable third parties for research or analysis purposes.

Policy amendments

We may update our policies from time-time by posting a new version on our website, please check regularly to be aware of any updates

Your account

If you use the website, it is your responsibility to ensure the confidentiality of your account and password and that no unauthorised persons have access to them. You agree to accept responsibility for all activities that occur under your account or password. You should let us know immediately if you believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner. We shall not be liable to any person for any loss or damage which may arise as a result of your failure to keep your password and account protected.

Please ensure that your personal details are up-to-date and inform us immediately of any changes to the information that you provided when registering.

We reserve the right to refuse access to the website, terminate accounts, remove or edit content, or cancel orders at our discretion. If we cancel an order, you will not be charged.

Website errors

We endeavor to present the most recent, most accurate, and most reliable information on our website at all times. However, there may be occasions when some of the information featured may contain incomplete data, typographical errors, or inaccuracies. Any errors are wholly unintentional and we apologise if erroneous information is reflected in merchandise price or item availability. We try to ensure that all pricing on the website is accurate, but occasionally an error may occur and goods may be incorrectly priced. If we discover that a pricing error has been made, we reserve the right to suspend your order and contact you to ask whether you wish to continue with the order at the correct price. We will not be obliged to supply goods at the incorrect price. We present our content ‘as is’ and make no claims to its accuracy, either expressed or implied. We reserve the right to amend errors or to update product information at any time without prior notice.

Website access

Given the unpredictability of technology and the online environment, we do not warrant that the function or operation of our website will be uninterrupted or error-free, that defects will be corrected or that this site or the server that makes it available will be free of viruses or other harmful elements. Also, your access to the website may be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction. As a visitor to, and user of this website, you must assume full responsibility for any costs associated with the servicing of equipment employed in connection with your use of our site. In effect, you agree that your access is undertaken at your own risk and it is your responsibility to ensure that you have the right equipment and software to safely access our website. We shall not be liable for damages or losses of any kind that you may incur from your use of or inability to access this site.

Product availability

Many (but not all) of our featured items are also available in our stores in limited quantities and because of their limited availability, the stock may not be replenished. Please note that not all stock will be available in our store and we recommend that you telephone the store to check availability of the product before making a visit.

VAT

All prices shown include the applicable VAT rate.

Acceptance of your order

Your order on our website constitutes an offer to us to purchase the goods and or services in your basket for personal usage or consumption and we will do our utmost to fulfill this order to the service levels you expect. So as to meet our service commitment to you, we will store your order and necessary personal details, obtain authorisation from your bank for the payment and make certain security checks on your identity and address (in line with our Privacy Policy).

We will not accept your order until such time that you are emailed to say that the products you have ordered have been dispatched or, in respect of any services, begun. Once you receive such an email, we will be contracted to you and your contract will be concluded upon delivery of the products or completion of the services. Any products or services on the same order that we have not yet confirmed via email will not form part of that contract and will form part of a separate contract when the remaining products or services have been dispatched or begun. Placing an order does not constitute a contract with us until we confirm the products as despatched or services begun.

We reserve the right not to accept your order for any reason whatsoever including, but not limited to, payment problems, product availability and product price or description

Promotional codes

We cannot retrospectively apply a promotional code to your order. If you place an order without correctly applying the promotional code, we will be unable to reimburse you the discount once the order has been placed. If you are having any difficulties in applying a promotional code or believe the code to be faulty, please contact our customer services team on 01229 877770

Payment Problems

If for any reason, there is a problem with collecting payment from your credit/debit card or other chosen payment method after we have confirmed receipt of your order, we will not be obliged to despatch your order. Additionally, on some occasions, we may be unable to process an order. This may be due to: the item being out of stock or no longer available, your payment being declined, our identification of a pricing error or product description error, or an unspecified technical error. If you are sure you are using a valid form of payment, please try again or use a different payment method.

Security Checks

As part of our policy to protect against the fraudulent use of credit/debit cards, we conduct security checks on all orders received. These checks can take various forms and may involve contacting you by telephone before we process your order.

Delivery

We have a wide range of delivery options and timescales, and charges will vary dependent on the type of product or service ordered.

Risk in the products (e.g. damage or loss to the products) will remain with us until we deliver the goods to the address specified in your order or collected in store when the risk will pass to you immediately.

Delivery charges will only be refundable if you cancel your contract from the time it is placed and within seven working days after the day of receipt of your goods. Please see the Cancellation for more information and exceptions.

What if my goods arrive damaged

If by the very rare chance your goods are damaged during transit upon delivery we ask that if there is visible damage upon collection to reject the parcel or sign for the parcel as damaged. For us to process a claim and send you out a replacement item we will then need to be provided with photographic evidence of the damaged product and may need to arrange for the courier the collect the parcel back from you or the courier may need to come back to inspect the parcel at your property. If no evidence can be provided as proof of the damage and if the courier has no access to view the damaged parcel your claim will be rejected and no replacement will be sent.

Cancellation

You may cancel your order immediately after placing it by calling our customer services team on 01229 877770. If your products have already been despatched, you can cancel your contract from the time it is placed and within seven working days after the day of receipt of your goods for a full refund (including any delivery charges if applicable) by following our Refund policy.

We are unable to provide a refund of the delivery charges where only part of your order is being canceled

If you wish to return your order outside of the cancellation time period specified above please refer to our Refund Policy.

Where you have failed to take reasonable care of the goods, we reserve the right to refund you in full less any amounts due by way of compensation to either repair the goods or to cover any loss.

Refund Policy

We want you to be happy with every purchase you make. Accordingly, you may inspect the items you buy as if you were in one of our stores. However, whilst you are deciding whether to keep your purchases, you do have a statutory duty to take reasonable care of our goods. Therefore, please do not damage the items whilst you inspect them.

Where you have failed to take reasonable care of the goods, whether whilst in your possession or when returning them, we reserve the right to refund you in full less any amounts due by way of compensation to either repair the goods or to cover any loss.

If you wish to return a product you have purchased from our website, making note of any Non-returnable products, you may do so:

Refunds

If you request a return or refund the full cost of postage and packaging will be deducted, as these costs are heavily subsidized and therefore will be deducted if a refund is issued. This is not applicable if the goods have been reported to us faulty or damaged

If you wish to return faulty or damaged goods that were purchased via stripe for a full refund then you must return your goods by post or courier.

With the exception of faulty or damaged goods, if you return your purchase by post or courier after the 28 day period, we reserve the right to not offer you a refund in full. We will instead return your purchase to you and prior to sending it out, we will charge you the delivery fee that is applicable to the product purchased and the location to which your returns will be delivered.

Please note: All items can only be returned within our refund policy providing it is in its original condition and unopened with all seals intact.

No refund or exchange will be given without a receipt or other proof of purchase.

Where promotional discounts are applied to orders, the discount will be applied to each item in the basket. In the event of a return, you will not be refunded the discounted proportion.

Delivery charges will only be refundable if you cancel your contract with us within seven working days after the day of receipt of your purchases (see Cancellations for more details). Otherwise, delivery charges will only be refundable in the case of items that are faulty, damaged upon delivery, or incorrect.

Our refund policy does not affect your statutory rights in respect of faulty or damaged goods.

We aim to dispatch all orders within 24hrs of placing your order excluding orders placed over the weekend. These orders will be dispatched first thing Monday. If for any reason there is a delay with your order you will be contacted straight away.

We offer two delivery options for Mainland UK

1) Free delivery – This delivery option has an estimated delivery time up to 4 working days from dispatch.

2) Large Item Delivery at a cost of £5.99 you can upgrade your delivery to an estimated delivery time of 1 to 2 working days.

We at DS are always here to help. To ensure all deliveries run smoothly and no extra charges occur for a missed delivery if you have not received your parcel within 4 days of ordering please call us so we can work together to ensure your parcel isn’t returned to us. UK Mail and Royal Mail hold onto parcels for 5 days after a delivery is attempted so to make sure you haven’t missed a delivery please contact us asap.

MAINLAND UK POSTAGE All items less than 1kg will be sent through Royal Mail recorded delivery and requires a signature. All items over 1kg will be sent via UK Mail and require a signature upon delivery.

PLEASE NOTE – all orders placed after 12.30 pm will be dispatched the following workday.

PLEASE NOTE – we cannot guarantee first-class delivery if royal mail is on strike.

PLEASE NOTE – with UK Mail no deliveries will be made on a weekend. Eg if you place an order on a Thursday night and upgrade to 1 to 2 working days it will be processed Friday morning and you will receive your parcel Monday or Tuesday as the 24-hour service does not cover weekends.

Please make sure that all delivery information is correct as if a parcel is delivered to the wrong address or the item is not signed for at the address you have given and we have to make a collection on your behalf you will be charged a sum of £9.99 for all mistakes to be rectified with our courier and for a re-delivery to take place. If you do not want to request a re-delivery you will be refunded the cost of the item minus the £9.99 fee for the incorrect delivery. These charges will also occur if a parcel is returned to us because nobody is present at the delivery address to sign for the parcel and nobody contacts our courier to arrange a pickup or re-delivery and the parcel is returned to us. Deliveries will be made at any time between 8 am and 6 pm

PLEASE NOTE

If a delivery is attempted at your address but no one is there to collect your parcel a card should be put through your letterbox unless full online tracking details are provided by the courier.

We do need to state that it is the customer ™s responsibility to ensure that they are present to sign for the parcel. In no way can any of our companies or staff, Royal Mail or DPD be held liable for failed deliveries unless either of those parties has been negligent in their duty to deliver. In addition, I regret that DPD staff (drivers, depot staff or account managers) will not be able to call the customer under any circumstances.

NORTHERN IRELAND, SCOTTISH HIGHLANDS, AND BRITISH ISLANDS DELIVERY CHARGES

PLEASE NOTE – The term British Islands occurs to Islands or isles that are separated from the British Mainland by any form of water where a delivery car, van or lorry cannot reach by land.

ORDERS OVER 1KG Our free delivery service for all items over 1kg only covers mainland England, Scotland, and Wales. Any other British island including northern island or the Scottish highlands will be charged at £5.99.

We do not take orders outside the UK or Ireland, sorry for the inconvenience.

BRITISH ARMED FORCES Over 1.5kg – We can deliver to armed forces addresses with a full UK postcode. Unfortunately, we cannot offer delivery of over 1.5kg to a BFPO address.

Less than 1kg – As above but with the exception BFPO is accepted.

IF YOU ARE NOT SURE IF YOUR DELIVERY ADDRESS WILL NEED EXTRA PAYMENT PLEASE CONTACT US BEFORE YOU PLACE YOUR ORDER THANK YOU.

PLEASE NOTE

ITEMS OVER 1KG

Please make sure that all delivery information is correct as if a parcel is delivered to the wrong address or the item is not signed for at the address you have given and we have to make a collection on your behalf you will be charged a sum of £12.50 for all mistakes to be rectified with our courier and for a re-delivery to take place. If you do not want to request a re-delivery you will be refunded the cost of the item minus the £12.50 fee for the incorrect delivery. These charges will also occur if a parcel is returned to us because nobody is present at the delivery address to sign for the parcel and nobody contacts our courier to arrange a pickup or re-delivery and the parcel is returned to us. Deliveries will be made at any time between 8 am and 6 pm

ITEMS UNDER 1KG

Please make sure that all delivery information is correct as if a parcel is delivered to the wrong address or the item is not signed for at the address you have given and we have to make a collection on your behalf you will be charged a sum of £5.00 for all mistakes to be rectified with our courier and for a re-delivery to take place. If you do not want to request a re-delivery you will be refunded the cost of the item minus the £5.00 fee for the incorrect delivery. These charges will also occur if a parcel is returned to us because nobody is present at the delivery address to sign for the parcel and nobody contacts our courier to arrange a pickup or re-delivery and the parcel is returned to us. Deliveries will be made at any time between 8 am and 6 pm

We do need to state that it is the customer ™s responsibility to ensure that they are present to sign for the parcel. In no way can we or Parcel Force be held liable for failed deliveries unless either of those parties has been negligent in their duty to deliver. In addition, I regret that DPD (drivers, depot staff or account managers) will not be able to call the customer under any circumstances. This is a company policy of DPD and applies nationwide to all DPD staff.

What if your goods arrive damaged

If by the very rare chance your goods are damaged during transit upon delivery we ask that if there is visible damage upon collection to reject the parcel or sign for the parcel as damaged. For us to process a claim and send you out a replacement item we will then need to be provided with photographic evidence of the damaged product and may need to arrange for the courier the collect the parcel back from you or the courier may need to come back to inspect the parcel at your property. If no evidence can be provided as proof of the damage and if the courier has no access to view the damaged parcel your claim will be rejected and no replacement will be sent.

Events beyond our reasonable control

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause that is beyond our reasonable control. This condition does not affect your statutory rights.

Liability

To the fullest extent possible under applicable law, we disclaim any and all warranties of any kind whether express or implied, in relation to our website, goods, and services. This does not affect your statutory rights in relation to faulty or damaged products or your contract cancellation rights.

We will not be liable, in contract, tort (including without limitation, negligence), pre-contract or other representations (except for fraudulent or negligent misrepresentations) or otherwise out of or in connection with these terms and conditions for any economic loss (including without limitation loss of revenues, profits, contracts, business or anticipated savings); any loss of goodwill or reputation and any special or indirect losses suffered or incurred arising out of or in connection with the provisions of any matter under these terms and conditions.

Nothing in these terms and conditions will limit our liability for death or personal injury resulting from our negligence or that of our servants, agents, and employees.

Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

Severance

If any of these terms and conditions are found to be illegal, invalid, or unenforceable, then that provision shall be deemed to be severed from the terms and conditions and shall not affect the validity or enforceability of the remaining provisions.

Updates and amendments

These terms and conditions may be updated or amended from time to time to comply with the law or where our business or website requires such change without any notice to you. Updates and amendments will be posted to our website.

Governing law and jurisdiction

These conditions are governed by and construed in accordance with the laws of England and Wales. You agree, as we do, to submit to the exclusive jurisdiction of the English courts in the event of any dispute arising from these terms and conditions. All contracts are concluded in English.

Terms and conditions for gift vouchers, gift cards, and eVouchers As part of our policy to protect against the fraudulent use of credit cards, we conduct security checks on all our orders. Where vouchers have been used as a part tender for an order and the credit/debit card used in conjunction fails fraud checking, the redeemed value against that voucher will not be reversed.

If you intend to enter a voucher code against an order but then fail to do so, we cannot do it retrospectively for you.

eVouchers

Where eVouchers have been used as a tender for an online order (whether in whole or in part), any item that is returned within that order will be refunded first in eVouchers to the same value that was originally spent in eVouchers. Any remaining balance will then be refunded to the payment card (if used).

Terms and conditions for customer ratings and reviews and customer questions and answers

The terms and conditions below govern your conduct associated with our Customer Ratings and Review service and our Question and Answer Service (the “Customer Participation Services”). To the extent of any conflict between our Privacy Policy and the terms and conditions in this section, these terms and conditions shall control with respect to the Customer Participation Services.

By submitting any content to us, you represent and warrant that:

1.you are the sole author and owner of the intellectual property rights thereto;  2.all “moral rights” that you may have in such content have been voluntarily waived by you;  3.all content that you post is accurate;  4.you are at least 13 years old, and 5.use of the content you supply does not violate these terms and conditions and will not cause injury to any person or entity.  You further agree and warrant that you shall not submit any content:

1.that is known by you to be false, inaccurate or misleading;  2.that infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;  3.that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);  4.that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;  5.for which you were compensated or granted any consideration by any third party;  6.that includes any information that references other websites, addresses, email addresses, contact information or phone numbers; and 7.that contains any computer viruses, worms or other potentially damaging computer programs or files.

You agree to indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers, harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys’ fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.

For any content that you submit, you grant us a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.

All content that you submit may be used at our sole discretion. We reserve the right to change, condense, or delete any content on our website that we deem, in our sole discretion, to violate the content guidelines or any other provision of these terms and conditions. We do not guarantee that you will have any recourse through us to edit or delete any content you have submitted. Ratings and written comments are generally posted within two to four business days. However, we reserve the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not us, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of us, our agents, subsidiaries, affiliates, partners or third-party service providers and their respective directors, officers and employees.

By submitting your email address in connection with the Customer Participation Services you agree that we, and our third-party service providers, may use your email address to contact you about the status of your review, question, answer and other administrative purposes.