Terms & Conditions (UK)

Before you place an order

We agree the equipment, total price, delivery and any services before you commit. AresFit accepts your order in writing. These terms explain that agreement and your rights if something goes wrong.

About us

Kloer Ltd (trading as AresFit) · Company No. 15575148 · VAT GB 488 9466 09 · info@aresfit.co.uk · 0333 880 6486 · Registered office and postal contact: Kloer Ltd, 3 Station Road, Stansted, England, CM24 8BE.

Scope

These terms apply to aresfit.co.uk and to orders accepted under them, including orders agreed by quotation. They do not affect your statutory rights. They do not retrospectively change orders already accepted; the actual accepted agreement continues to govern those orders.

Who we sell to

These terms apply to UK consumer and business orders, including quote/enquiry orders. Consumer status depends on the actual buyer and purpose, not a gym name, VAT number or invoice label alone. An individual buying wholly or mainly outside their trade, business, craft or profession may be a consumer. A delivery outside the UK requires separate applicable terms and jurisdiction review; these UK terms do not promise the same rules for every destination.

How your order becomes a contract

For new orders accepted under these terms, a quotation request or basket alone is not an accepted order. A checkout order is an offer to buy. We accept by express written acceptance identifying the agreed goods, services and complete total price. A receipt or automated acknowledgement alone is not express acceptance. The actual wording and context of a communication matter. The required confirmation and information must be provided in a retainable form within the applicable time and before service starts or goods delivery where required.

For new quote-based orders accepted under these terms, a contract forms when we give express written acceptance of the agreed quotation, full total and selected goods and services. A purchase order, invoice or acknowledgement is not automatically a new acceptance or authority to alter an existing contract. An invoice or other message can record acceptance where its actual wording and context do so. The agreed terms version and acceptance evidence must be retained.

We check the selected equipment and relevant supplier availability before written acceptance. A stock label or estimate alone is not a reservation or a guaranteed date. If a supplier cannot fulfil an order we have accepted, we remain responsible for our contract with you: we tell you promptly and explain the available agreed alternative, cancellation, refund or other remedy. We do not substitute different equipment or change an accepted price or essential date without your agreement. A supplier refund is not a condition of a refund lawfully due from us.

Prices, VAT & payment

For new orders, delivery must be priced as part of the complete order total before you commit. Any delivery charge or inclusion already accepted for an existing order remains unchanged.

For consumer offers, fixed unavoidable charges, including delivery, must be included in the advertised total. If a mandatory charge cannot reasonably be calculated in advance, the information needed to calculate it must be as prominent as the price. That information must be available before a basket, account or full billing details are required; limited information such as a postcode may be needed.

The complete total must include a mandatory charge as soon as it can reasonably be calculated.

Request the complete delivered quotation before placing an order or paying where delivery or installation needs to be priced for your equipment and site. A goods-price figure, enquiry or basket alone does not establish the complete delivered price or an accepted order. For new orders accepted under these terms, we will agree the equipment, delivery, any installation, VAT, complete total, service scope and applicable terms before you commit and before our express written acceptance. You do not need an account or full billing details to ask for the applicable charge or calculation. Consumer totals include VAT; business quotations identify net amounts, VAT and the gross total. We do not add a charge or change an accepted price without your express agreement. Existing accepted prices and inclusions remain unchanged; an apparent pricing error does not itself let us change an accepted price.

Prices are in GBP. Payment methods and due dates or events are stated before acceptance in the quotation or agreed order details. An invoice or payment instruction does not prove that payment has cleared. If we take payment for an order we do not accept, we return it without undue delay.

Ownership and finance

Ownership of goods identified and allocated to your order passes to you when we have received the full agreed price for those goods in cleared funds. Until then, we retain ownership. We will ensure that we have the right to sell the goods and transfer ownership when it is due to pass. This clause does not reduce your legal rights concerning title or quiet possession. Risk of loss or damage is dealt with separately in our delivery terms. For financed orders, ownership and the identity of the buyer depend on the actual sale and finance agreements; paying rentals does not itself transfer ownership to the equipment user.

Delivery and responsibility for goods

Unless we agree another delivery time before acceptance, we will deliver consumer goods without undue delay and within 30 days starting the day after the contract is made. Your accepted quotation or confirmation records any different agreed time and any essential delivery date. A supplier estimate is not a guaranteed date unless expressly agreed as such.

Delivery options, service scope and all agreed charges are shown before you commit.

For consumer orders, goods remain at our risk until you, or your nominated recipient, takes physical possession, except where you independently commission a carrier we did not offer, when risk passes on handover to that carrier. Receipt is not proof of inspection or acceptance of condition. For business orders, risk passes when you or your nominated recipient receives the goods at the agreed delivery point. If you independently appoint a carrier we did not offer, risk passes on handover to that carrier. A different business allocation must be expressly agreed before the contract is made. Risk does not decide ownership, whether the goods meet the contract, or our responsibility for our own breach. Split deliveries do not attract extra charges unless expressly agreed; existing accepted inclusions are honoured.

Installation & access

Agreeing the service

Your quotation or agreed order details will state the agreed delivery point and service, who is responsible for unloading and moving the equipment, and any vehicle, access or receiving requirements before you commit. A kerbside service does not include moving equipment inside. Do not assume the driver will unload, carry, position or install equipment unless that work is expressly included. Tell us about stairs, lifts, narrow entrances, restricted vehicle access, uneven surfaces or other restrictions before you order.

Indoor delivery, positioning, assembly, installation, packaging removal and removal of old equipment are included only where expressly stated in your agreed quotation or order details. A delivery charge alone does not include installation. Any separate service and its charge must be agreed before you commit. We will confirm the appropriate arrangements for your selected equipment and site rather than assume every order uses the same delivery service.

Please provide safe access and arrange for someone to receive delivery. Any failed-delivery or re-attendance charge must have been disclosed and agreed in advance, be reasonable and reflect the circumstances and costs actually incurred. No charge applies for a failure caused by us or our delivery partner. Receipt or a signature is not confirmation that you have inspected and accepted the goods' condition.

Starting a service during a cancellation period

If you would like an eligible service to start during your cancellation period, please expressly request this after reviewing the service description, price and cancellation information. For applicable off-premises contracts, please make that request on a durable medium, such as an email we can retain. That specific off-premises requirement is not a universal written-request condition for distance contracts.

We will provide the required contract confirmation and information on the applicable medium before the service starts. For off-premises contracts this is paper, or another durable medium you agree to; for distance contracts this is a retainable durable confirmation.

Where the law permits, cancellation after work has started may require only payment proportionate to the service actually supplied, and only where we provided the required information and you expressly requested the early start. No charge is imposed where those legal conditions are not met. For an applicable standalone service contract, loss of the cancellation right on full completion also requires your acknowledgement. Completing installation does not itself remove cancellation rights for goods supplied under a mixed goods-and-services contract.

Our responsibility for the service

Where we agree to supply installation or another service, we are responsible to you for performing it with reasonable care and skill, including work carried out by an installer we appoint. The agreed specification and information we rely on about your site and intended use form part of defining that service. A delivery or installation signature does not waive a fault or service claim. If a service does not meet the contract, the applicable rights to repeat performance, a price reduction and other legal remedies remain.

Useful details for your delivery quote

Tell us the delivery postcode, intended equipment location, door and lift dimensions, lift weight limits and any parking or access restrictions. Photos of the route or installation area can help if available. If you are unsure about a measurement or site condition, tell us so we can agree the arrangements.

Product warranties and intended use

A manufacturer's voluntary warranty is separate from your rights against AresFit. The applicable cover depends on the exact product, region, intended use, component and warranty version, and will be explained for your selected equipment before you commit. A stated frame period is not a promise of the same parts or labour cover. Registration, installation and maintenance requirements will be identified where applicable. A warranty ending, or an upstream registration or claim restriction, does not itself remove statutory rights.

We will confirm any included assembly, fixing, electrical or other installation work for your actual equipment and site. Do not assume a machine is suitable for every commercial environment or that delivery includes floor assessment, anchoring or electrical work.

Follow the equipment's safe-use and maintenance instructions. If it appears unsafe, stop using it, keep others from using it and contact us promptly. Repairs must be undertaken by a person competent to do the work safely. An independent repair does not automatically remove your statutory rights; we consider the evidence of whether it caused or worsened the problem.

If we're late

For consumer orders, you may end the affected contract and obtain the refund due if we refuse delivery or miss a delivery time that was essential from the circumstances when the contract was made, or which you told us before contracting was essential. Otherwise, if we miss the applicable agreed or default delivery period, you can require delivery within an appropriate additional period and end the affected contract if we fail again. These rights include the applicable partial-order and commercial-unit rules. Refunds for goods cancelled or rejected for late delivery are made without undue delay. Other legal remedies are not excluded.

Your consumer rights if something goes wrong

Nothing in these Terms restricts your statutory consumer rights. Depending on the fault or breach and applicable stage, you may be entitled to repair, replacement, a price reduction or rejection and refund. The short-term right to reject applies only where the legal conditions are met and runs for the applicable 30-day period, with the relevant contract start and repair/replacement pause rules. A timely exercise is not lost because our assessment finishes later. Incorrect installation alone does not automatically give this short-term rejection right. See our Returns & Refunds Policy; manufacturer warranty cover is separate from statutory rights.

Consumer cancellations

Where the statutory right applies, consumers may cancel before delivery and during the applicable period, normally 14 days starting the day after physical possession. Multiple deliveries and service-only contracts have their own start rules; missing required information can extend the period. See our Returns & Refunds Policy for notice, collection, return-cost and refund-clock details. Any clear cancellation statement is sufficient; the model form is optional.

Personalised and made-to-order goods

For consumer orders, the usual change-of-mind cancellation right does not apply to goods made to your specifications or clearly personalised where the legal exception applies. We will identify those goods before you order. Ordering a standard supplier product or choosing a standard catalogue colour does not automatically make it bespoke, and production starting alone does not remove a cancellation right. Statutory remedies for faulty, damaged or misdescribed goods remain. Business cancellations depend on the actual agreed business terms.

Business orders and our liability

This section applies only to business customers. Consumer status depends on the actual buyer and purpose. Business customers do not have the consumer statutory change-of-mind cooling-off right. Business changes and returns depend on the accepted contract; faulty goods, misdescription and other breach claims are assessed separately. Supplier fees and restrictions do not automatically become your terms.

What the liability terms mean

For this section, an Order is the goods and services in the single quotation or order confirmation forming the contract. Affected Products are the products directly affected by the breach or event giving rise to the claim. Affected Services are services under the Order expressly agreed for and reasonably attributable to the Affected Products, including delivery, positioning, assembly, installation or removal. They also include other services under the Order directly affected by the breach or event. This includes an Order for services alone, but only services that we have actually agreed to supply.

Liabilities we do not exclude or limit

Nothing in these terms excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, breach of the obligations as to title or quiet possession implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982, liability which cannot be excluded or limited under the Consumer Protection Act 1987, or any other liability which the law does not permit us to exclude or limit.

The limit and how it is calculated

Subject to the preceding paragraph and only to the extent legally effective, our total aggregate liability arising out of or in connection with an Order, whether in contract, tort (including negligence), misrepresentation, restitution or otherwise, is limited to the total agreed price paid or payable for the Affected Products and Affected Services, including VAT charged on them. Where a single price or charge also covers unaffected products or services, only the part reasonably attributable to the Affected Products and Affected Services is included. A charge is included only once. Multiple claims do not multiply the price of the same Affected Products or Affected Services in calculating this limit.

This limit does not reduce an agreed or legally required repair, replacement or repeat performance, or a refund due under the Order. This section does not exclude the terms implied by law concerning description, quality, fitness or reasonable care and skill. A separately agreed different limit must be expressly stated in the accepted quotation before the contract is made. There is no double recovery for the same loss. Your rights against us do not depend on recovery from a supplier or insurer.

Business cancellations and changes

If we agree a business cancellation or change, any amount recoverable from you must have a proper contractual and legal basis and reflect the actual circumstances. We take reasonable steps to reduce recoverable loss, allow for costs saved and relevant resale or other recovery, and do not recover the same loss twice. Supplier charges are not automatically your charges and a deposit is not automatically forfeited. This does not create a general business right to cancel or remove a lawful claim for breach.

Liability to consumers

We are responsible for loss or damage that is a foreseeable result of our breach or negligence. We do not exclude or limit liability for death or personal injury caused by negligence, fraud, or where the law does not allow it.

Complaints

Contact info@aresfit.co.uk or 0333 880 6486 about an order or service complaint. Include any order reference and a short explanation of the problem; a particular form, photographs or supplier approval are not required to raise a complaint. We will investigate and explain the outcome without restricting your legal rights.

When we communicate the outcome of a consumer-contract complaint, we will also explain any applicable ADR or other dispute-resolution arrangement available through an obligation under legislation or our contracts. We do not claim membership of a scheme merely because another retailer uses it. You retain your right to bring legal proceedings.

Electrical equipment and recycling

These delivery and removal arrangements do not limit any mandatory electrical-equipment take-back duties or your statutory rights. Do not dispose of electrical equipment in general household waste; the crossed-out wheeled-bin symbol means it needs separate collection and treatment. Contact us about the applicable arrangements for your purchase before sending or arranging collection of equipment.

Equipment can contain substances that harm people or the environment if handled or discarded incorrectly. Separate collection allows suitable materials to be recovered and hazardous substances to be treated safely. Safe reuse can extend a product's life before recycling is needed.

Website use & privacy

Use our site lawfully. See our Privacy Policy for how we process personal data (UK GDPR / DPA 2018).

Our store is hosted by Shopify, which collects and processes personal information when you visit and make purchases. Shopify Network Intelligence enhanced services can also use information about your interactions with our store, other merchants and Shopify for shopping features, personalisation, analytics and advertising. Where those enhanced services apply, Shopify acts as an independent controller. Required consent and privacy choices still apply. These services can involve sharing information with Shopify and other third parties in other countries. Shopify Network Intelligence is enabled for this store. See our Privacy Policy, Shopify Consumer Privacy Policy and Shopify privacy portal for further information and ways to withdraw consent, object or opt out of relevant processing.

Law & jurisdiction

English law applies, without taking away any mandatory consumer protection that applies where you live. Consumers may bring proceedings in the courts of England and Wales, or in their local courts in Scotland or Northern Ireland.

Contact

info@aresfit.co.uk · 0333 880 6486

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