UBX Global Limited Online Terms of Purchase Retail Store (consumers) & Performance Hub Store (franchisees)
Last updated: 4 April 2022
These set out the agreed terms of sale and purchase for the purchase of goods (the “Terms”) from the UBX retail store, ubxtraining.com/store for consumers and the purchase of goods from the UBX performance hub store for UBX franchisees from UBX Global Limited (collectively, the UBX Store).
1. About UBX Global Limited
Welcome to the UBX Store. UBX Global Limited (company number 12350456 and VAT number "412 1914 36") (also known as UBX, we and us in these Terms) is a company registered in England and Wales and our registered office is at 3rd Floor 207 Regent Street, London, England, W1B 3HH, United Kingdom.
2. Contacting Us
If you have any questions or complaints, including any safety concerns, about Products (as defined below) you have ordered, please contact us by contacting us via the support functions on our website and apps, or by writing to us via email email@example.com with the subject line: [ATTN: UBX COMPLIANCE] or by writing to our company office at 3rd Floor 207 Regent Street, London, England, W1B 3HH.
UBX takes all feedback seriously so we would be happy to hear from you with any comments you may have.
3. About these Terms
- These Terms govern the sale of kit, merchandise and other products (the Products) purchased via our Performance Hub (for our franchisees) and Retail online store (for our individual customers) (you and Customer under these Terms).
- By purchasing items from the relevant UBX Store, you are confirming that you have read and agreed to these Online Terms of Purchase.
- These Terms set out who we are, how we will provide Products to you, how you (and us) may change or end the contract, what to do if there is a problem and other important information about purchasing Products via our stores.
- Please read these Terms carefully before you submit your order to us.
- These Terms are made only in the English language.
- You should print a copy of these Terms or save them to your computer and/or other device for future reference.
- Please note that by ordering via our website, you are confirming that you are authorised to do so and capable of entering into a binding contract (for example, you must be over 18) which will come into force once your order has been accepted and confirmed by us.
4. Are you a business customer or a consumer?
You may have different rights under these Terms depending on whether you are a business (as one of UBX’s verified franchisees) or a consumer.
You are a consumer if you are an individual and you are buying Products from us for your personal use (and not for use in connection with your trade, business or profession).
If you are a consumer, nothing in these Terms will affect your legal rights.
5. Your Information
- We will let you know what information we need from you to supply the Products and we may contact you for additional information where required. If we have to contact you we may do so by phone or by writing to you (including by email) at the email address or postal address that you provided to us when you set up your account with us and/or with your order.
- We will not be responsible for your Products arriving late or for not supplying any part of your order if this is caused by you not giving us the information we need from you within a reasonable time of us asking for it.
- We will only use your personal information as set out in our Privacy - GDPR Notice
6. Our Products
- We sell various Products on our website and they are not manufactured by us. The Products you purchase via our online store may come with a manufacturer guarantee or warranty policy. Please refer to the relevant manufacturer’s guarantee provided with your Products.
- While we work to ensure that any product information is correct, Product packaging, colours and materials may be different from that displayed on our website as the images of the Products on our website are for illustrative purposes only.
- The price of the Product displayed on our store excludes VAT (and any other applicable sales taxes) and any custom, import duties and other taxes. Depending on your location, these additional fees may be payable and you are responsible for paying such costs (as well as all applicable shipping and delivery costs) which are additional costs that you are liable to pay so that you can receive your order.
- Prices for our Products may change from time to time, but any changes will not affect any order you have already placed. If the rate of VAT changes between your order date and the date we supply the Product, we will adjust the rate of VAT that you pay, unless you have already paid for the Product in full before the change in the rate of VAT takes effect.
- We take reasonable care to ensure that the price of the Product advised to you is correct. However, it is always possible that, despite our reasonable care, some of the Products we sell may be incorrectly priced. However, where a price may be lower than listed, UBX is under no obligation to sell such incorrectly priced items to you at such a price. You must tell UBX if you notice that a Product has been incorrectly priced.
- From time to time, we may have to suspend the supply of a Product, for example to deal with technical problems, make technical changes and/or update the Products to reflect changes in law and regulatory requirements. We will contact you in advance to tell you we will be suspending supply of the Product, unless the problem is urgent or an emergency. You may contact us to end the contract for an affected Product if we suspend it, or if we tell you we are going to suspend it, and we will refund any sums you have paid in advance for the affected Product(s), net of any reasonable expenses incurred by us in processing such payment and refund.
- From time to time there may be discounts and offers available on some Products available in our store. If applicable, you will be able to include a discount code as part of the ordering process. Note that all offers are subject to stock availability and we may withdraw or amend any offer or discount at any time in our sole discretion.
- Take care in selecting and using suitable equipment for physical activity as this can be unsafe if not carried out properly. You should ensure you are appropriately trained to use equipment and must only use the equipment in accordance with any instructions you may be provided with regarding your care and use of the Products. This includes complying with any instructions before during and after your use of the equipment, including how to store the equipment.
7. Your order and our contract
- Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order is complete and accurate.
- Payments are made via our payment provider (please see our Privacy - GDPR Notice for more information). You must pay for the Products when you order them.
- After you place an order, you will receive an order confirmation email from us acknowledging that we have received it, but please note that this does not mean that your order has been accepted.
- If we are unable to accept your order or supply you with the Products for any reason, we will inform you of this in writing (including by email) and will not process your order. To the extent you have already paid for such Products, we will refund you the amount of the Product(s) (net of any reasonable expenses incurred by us in processing such payment and refund) that cannot be supplied as soon as possible. Note that this might be because the Product is out of stock, because you are not a verified UBX franchisee, because we have identified an error in the price or description of the Product or because we are unable to meet a specified delivery deadline. Once we have accepted your order, a contract will be in place between us.
- Your Product order will be allocated an order number which you will be notified of once we’ve accepted your order. You can use this to track delivery of the Products in your order and you should provide this whenever you contact us about your order.
8. Delivering your Products
- We deliver Products internationally. Depending on your global location, international delivery rates and fees may vary depending on the delivery address for your order. Our delivery charges are as advised to you during the check-out process so you can review these before you confirm your order. Some Products may not eligible for delivery to all locations.
- There may be different delivery times for your ordered Products if you order multiple Products as they may be dispatched from different locations and suppliers.
- We are not responsible for delays outside our control. If the supply of the Products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay that we notify you about then you may contact us to end our contract and receive a refund (net of any reasonable expenses incurred by us in processing such payment and refund) for any Products you have paid for but not received.
- If no one is available at your specified address to take delivery, the delivery company may leave you a note informing you of how to rearrange delivery or collect the Products from a local depot.
- If, after a failed delivery, you do not re-arrange delivery or collect your Products from a delivery depot, we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and section 12 of these terms will apply.
- The Products will be your responsibility from the time the Products are delivered to the address you provided us with at the time of your order. You will own your ordered Product(s) once we have received payment in full.
- If we fail to deliver the Products, our liability is limited to the cost of arranging delivery of replacement Products. However, we will not be liable to the extent that any failure to deliver was caused by event outside our control or because you failed to provide suitable delivery instructions.
9. Ending your contract with us, Returns and Refunds, Support & Complaints
This section sets out when you can end the contract with us and what happens after that. This will depend on which Products you have bought, whether there is anything wrong with them, when you decide to end the contract with us and whether you are a consumer (in which case see Your Rights below) or a business customer.
- You may wish to end your contract with us:
- If what you have bought is faulty or has not been described correctly (you may have a legal right to end the contract or to get the Product repaired or replaced or to get some or all of your money back);
- If you want to end the contract because of something we have done or have told you we are going to do; or
- If you are a consumer and have just changed your mind about the Product as you may be able to get a refund if you are within the period set out in Your Rights (see below), but this may be subject to deductions and you will have to pay the costs of return of any Products.
- If you are ending a contract because of something we have done (or are planning to do) the contract may end if you have a specific reason and we may refund you in full (net of any reasonable expenses incurred by us in processing such payment and refund) for any Products which have not been delivered. In certain circumstances, you may also be entitled to compensation. These reasons for this are:
- where we have told you about an upcoming change to a Product which you have reasonable grounds not to agree to receive;
- we have told you about an error in the price or description of the Product(s) you have ordered;
- there is a risk that supply of the Products may be significantly delayed because of events outside our control;
- we have suspended supply of the Products for technical reasons, or notify you we are going to suspend them for technical reasons; or
- you have a legal right to end the contract because of something we have done wrong.
- If you end the contract for any reason after Products have been dispatched to you (or you have received them), you must return them to us at your own cost (including where you are a consumer exercising your right to change your mind as set out in Your Rights below) and arrange for the Product(s) to be returned to us within 14 days of telling us you wish to end the contract.
- If you are entitled to a refund under these Terms, we will refund you the price you paid for the Product(s), including delivery costs if applicable but net of any reasonable expenses incurred by us in processing such payment and refund, by the method you used for payment. In addition, we may make deductions from the price, as described below. We will make any refunds due to you as soon as possible.
- We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Product(s), if this has been caused by your handling them in an unsuitable way.
- If we refund you the price paid before we are able to inspect the Product(s) and later discover you have handled them in an unacceptable way, you may have to pay us a reasonable amount of compensation.
Telling us you want to end the contract:
Please let us know you want to end the contract by doing one of the following:
- Online: Complete the online order cancellation form. Please note this is the preferred method.
- Via Email: You may also email us at firstname.lastname@example.org with the subject line: [ATTN: UBX COMPLIANCE]. Please provide your name, address, details of the order, the order number, your phone number and email address.
Support & Complaints:
If you are a consumer, please do get in touch with us via the Support sections of our website and apps or via our contact details in Section 2 of these Terms if you require further support or are unhappy with how we’ve handled your order.
If you are one of our franchisees and wish for some further support regarding your Product order or are unhappy with how we’ve handled your order, please let us know via submitting a new ticket via the "Support & Ticketing" section of the Performance Hub.
10. Specific Terms for Consumers and Your Rights
Please note that nothing in these Terms will affect your legal rights.
We set out below a summary of your key legal rights “Your Rights” in relation to the Products you purchase from us.
- If you are a consumer then for most Products bought online you have a legal right to change your mind within 14 days of receiving your Products and receive a refund (under the UK Consumer Contracts Regulations 2013).
- Please note that Your Right as a consumer to change your mind does not apply in some circumstances, including in respect of Products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them.
- We are under a legal duty to supply Products that conform with what we have promised in our contract with you as set out in these Terms. The UK Consumer Rights Act 2015 says that goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your Product(s) Your Rights may entitle you to the following:
- Up to 30 days: if your Products are faulty, then you can get a refund.
- Up to six months: if your Products can’t be repaired or replaced, then you are entitled to a refund in most cases.
- Up to six years: if your Products do not last a reasonable length of time you may be entitled to some money back.
- If you wish to exercise Your Rights to return or reject Product(s) because of any of the reasons set out above you must return them to us. Please contact our customer service, use our online order cancellation form form or write to us at our customer services address provided above in section 2 to tell us you wish to exercise Your Rights.
- If you are a consumer resident in the UK, for detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
- Our liability to you.
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, for fraud or fraudulent misrepresentation, for breach of Your Rights in relation to the Products and for defective Products under the UK Consumer Protection Act 1987.
- If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of us breaking this contract or if we fail to use reasonable care in supplying our Products. Loss or damage is foreseeable if it is obvious that it will happen or if, at the time the contract was made between us, we both knew it might happen.
11. Franchisee only terms
If you are a business customer of ours as a verified UBX franchisee and have purchased the Products via the performance hub provided by us to you then these terms shall also apply:
- These Terms constitute the entire agreement between us in relation to your purchase of our Products. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these Terms and that you shall have no claim for innocent or negligent misrepresentation based on any statement in these Terms.
- No Set-Off. You must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
- No Implied terms. Except to the extent expressly stated in these Terms all terms implied by sections 13 to 15 of the UK Sale of Goods Act 1979 are excluded.
- Our liability to you
Nothing in these terms shall limit or exclude our liability to you for:
- death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (if applicable);
- fraud or fraudulent misrepresentation;
- breach of the terms implied by section 12 of the UK Sale of Goods Act 1979; or
- any matter in respect of which it would be unlawful for us to exclude or restrict liability.
Subject to this, we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profits, loss of business, loss of income or revenue, wasted expenditure or any indirect or consequential loss arising under or in connection with this contract between us.
12. When we might end our contract with you (For Consumers and Franchisees)
- We may end the contract if you do not comply with your obligations under it. For example, we may end the contract for any Product (or Products) at any time by writing to you if:
- you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due; or
- you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products, for example, the correct delivery address (and we may charge you a reasonable fee for any extra work that is required as a result) or allow us to deliver the Products to you.
- If you break your part of the contract by doing any of the above, we may refund any money you have paid in advance for Products we have not provided but we may deduct reasonable compensation for the costs we incur because you have broken the contract.
- In the unfortunate event we withdraw a Product (or Products), we may write to you in advance to let you know that we are going to stop providing that Product and will refund any sums you have paid in advance for Products (net of any reasonable costs incurred by us in processing such payment and refund) which will not be provided as a result.
13. Other Important Terms (For Consumers and Franchisees)
- Our Transfer of the contract. We may transfer our rights and obligations under these Terms to another organisation and we will let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 14 days of us telling you about it and we may refund you any payments you have made in advance (net of any reasonable expenses incurred by us in processing such payment and refund).
- Your Transfer of the contract. You must ask for our permission to transfer your rights under these Terms and our contract to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. In some circumstances, we may not agree.
- No other party has rights under the contract. Nobody else has any rights under this contract to enforce any of its terms. This contract is between you and us. Neither of us will need to get the agreement of any other person in order to end the contract or to make any changes to these Terms.
- Terms operate individually. If any court or relevant authority decides that any of the provisions are unlawful, the remaining paragraphs will remain in full force and effect.
- Our enforcement of this contract. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Products, we can still require you to make the payment at a later date.
- Governing Law. These Terms (and our contract) are governed by English law and you can bring legal proceedings in respect of any dispute or claim arising out of or in connection with a contract for any Products between us or its subject matter or formation (including non- contractual disputes or claims) in the English courts.