Terms of service

PROMOTIONS AND COMPETITIONS TERMS

Email offers

Minimum order of £100
Cannot be used on packages, bundles or sets.
Available on PRIMAL products only

PRIMAL Terms & Conditions

Interpretation

The following definitions and rules of interpretation apply in these Conditions.

1.1 Definitions:

Business Day: a day other than a Saturday, Sunday or public holiday in Scotland, when banks in Glasgow are open for business.

Business Hours: the period from 9.00am to 5.00pm on any Business Day.

Commencement Date: has the meaning given in clause 2.2.

Conditions: these terms and conditions as amended by Primal Strength from time to time, provided always that if the Customer is a “Consumer”, as defined under the Consumer Rights Act 2015, these conditions shall apply only to the extent that they do not conflict with the provisions of Addendum A. For the avoidance of doubt, in the event of a conflict between these Conditions and Addendum A, the provisions of Addendum A shall take precedence.

Contract: the contract between Primal Strength and the Customer for the supply of Goods and/or Services in accordance with these Conditions (including, where applicable, Addendum A).

Customer: the person or firm who purchases the Goods and/or Services from Primal Strength.

Deliverables: the deliverables set out in the Order produced by Primal Strength for the Customer.

Delivery Location: has the meaning given in clause 4.2.

Deposit: means the non-refundable deposit (except in the case of consumers to whom Addendum A applies, where the Deposit will under certain circumstances be refundable), as advised by Primal Strength, to be paid by the Customer to secure an Order. For the avoidance of doubt, the payment of the Deposit shall be a prerequisite to any Order being confirmed unless the Order is placed online, in which case the full Order value will be payable upon placement of the Order.

Force Majeure Event: has the meaning given to it in clause 15.

Goods: the goods (or any part of them) set out in the Order (also referred to as “products” under Addendum A.

Goods Specification: any specification for the Goods that is expressly advertised by Primal Strength.

Intellectual Property Rights: patents, rights to inventions, copyright and related rights, trade marks and service marks, business names and domain names, rights in get-up, rights in designs, rights to use, and protect the confidentiality of, confidential information (including know-how), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

Order: the Customer's order for the supply of Goods or Services or Goods and Services, following the provision of a quotation by Primal Strength (which may take the form of pricing on Primal Strength’s website or Primal Strength’s telesales team).

Services: any services supplied by Primal Strength to the Customer as set out in the Service Specification in connection with the installation or maintenance of Goods supplied.

Service Specification: the description or specification for the Services provided in writing by Primal Strength to the Customer

Supplier Materials: has the meaning given in clause 8.1(f).

Warranty Period: has the meaning given in clause 5.1.

2. Basis of contract

2.1 The Order constitutes an offer by the Customer to purchase Goods and/or Services in accordance with these Conditions.

2.2 The Order shall only be deemed to be accepted when Primal Strength issues written acceptance (which may be by email) of the Order and, subsequently, the Customer pays the Deposit, at which point and on which date the Contract shall come into existence (Commencement Date). For the avoidance of doubt, any acknowledgement of an Order from Primal Strength does not constitute acceptance.

2.3 Any drawings or advertising issued by Primal Strength and any descriptions of the Goods or illustrations or descriptions of the Services contained in Primal Strength's catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the Goods and Services described in them. They shall not form part of the Contract nor have any contractual force.

2.4 These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.

2.5 Any quotation given by Primal Strength shall not constitute an offer, and is only valid for a period of 30 days from its date of issue.

3. Goods

3.1 The Goods are broadly described on Primal Strength's website.

3.2 Primal Strength reserves the right to amend the Goods Specification if required by any applicable statutory or regulatory requirement, and Primal Strength shall notify the Customer in any such event.

4. Delivery of Goods

4.1 Primal Strength shall ensure that:

(a) each delivery of the Goods is accompanied by a delivery note which shows the date of the Order, the order number, the type and quantity of the Goods, special storage instructions (if any) and, if the Order is being delivered by instalments, the outstanding balance of Goods remaining to be delivered.

4.2 Unless a collection of the Goods has been agreed, Primal Strength shall deliver the Goods to the location set out in the Order or such other location as the parties may agree (Delivery Location).

4.3 Delivery of the Goods shall be completed on the completion of unloading of the Goods at the Delivery Location.

4.4 Any dates quoted for delivery of the Goods are approximate only, and the time of delivery is not of the essence. Primal Strength shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event or the Customer's failure to provide Primal Strength with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.

4.5 If Primal Strength fails to deliver the Goods, its liability shall be limited to the value of the Order. Primal Strength shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event or the Customer's failure to provide Primal Strength with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.

4.6 If, by the anticipated date of delivery (as set out in the Order), the Customer is not ready to accept delivery of the Goods, Primal Strength reserves the right to (i) apply reasonable storage and insurance costs for the Goods; (ii) apply reasonable restocking and re-delivery charges; and (iii) requote the price for the Goods. In both (i) and (ii) the additional charges will be payable by the Customer prior to delivery.

4.7 Primal Strength may deliver the Goods by instalments, which shall be invoiced and paid for separately. Each instalment shall constitute a separate contract. Any delay in delivery or defect in an instalment shall not entitle the Customer to cancel any other instalment.

5. Quality of Goods

5.1 Subject always to the remaining provisions of this Clause 5, Primal Strength warrants that on delivery, and for the warranty period stipulated by Primal Strength (Warranty Period), the Goods shall (excluding failures as a result of normal wear and tear):

(a) conform in all material respects with the Goods Specification;

(b) be free from material defects in design, material and workmanship; and

5.2 Subject to clause 5.3, if:

(a) the Customer gives notice in writing to Primal Strength during the Warranty Period within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in clause 5.1 and it transpires that there is a legitimate warranty issue;

(b) Primal Strength is given a reasonable opportunity of examining such Goods; and

(c) Primal Strength shall, at its option, repair or replace the defective Goods, or refund the price of the defective Goods in full. The Customer should contact Primal Strength stating the Goods, the order number and a description of the fault. Primal Strength will either arrange to send a part for the customer to fit, if this is practical and simply applied or affixed by a reasonable person, send an engineer to site, or in some instances, ask that the goods be returned to Primal Strength’s warehouse for examination. Goods must be well packaged prior to collection. No Goods will be accepted without prior authorisation from Primal Strength and must be returned with a Primal Strength return authorisation number (RAN) code. Primal Strength will then repair or replace the Goods with a new, or equivalent equal product and deliver the Goods back to the Customer at Primal Strength’s expense.

5.3 Primal Strength shall not be liable for the Goods' failure to comply with the warranty set out in clause 5.1 if:

(a) the Customer makes any further use of such Goods after giving a notice in accordance with clause 5.2;

(b) the defect arises because the Customer failed to follow Primal Strength's oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods or (if there are none) good trade practice regarding the same;

(c) the defect arises as a result of Primal Strength following any drawing, design or specification supplied by the Customer;

(d) the Customer alters or repairs such Goods without the written consent of Primal Strength;

(e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions; or

(f) the Goods differ from the Goods Specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.

5.4 Except as provided in this clause 5, Primal Strength shall have no liability to the Customer in respect of the Goods' failure to comply with the warranty set out in clause 5.1.

5.5 The Goods sold by Primal Strength are designed for use in either domestic or commercial environments (depending on the particular Goods). Each product has the warranty clearly displayed on the relevant webpage for that product. Equipment purchased and used in an environment which is not in line with the suitability advertised by Primal Strength will render any warranty null and void.

5.6 Mail Order Returns/Ex-Display Goods may be partially or fully boxed/assembled and may have some sort of light cosmetic damage. All Goods will be fully tested and will be in full working order and covered by either a 6 or 12 month warranty. All warranty details, including duration, and any such minor defects will be made known on the product info page on Primal Strength’s website.

5.7 Any warranty granted under these Conditions is only valid for the initial Customer and is non-transferable. Warranties apply for mainland UK mainland use only. In certain circumstances, (at the discretion of Primal Strength) warranties may be extended to cover parts and or labour outside of the UK mainland, or may offer a 'back to base' labour warranty. In cases of 'back to base' for Goods outside of the UK mainland, the Customer may be required to cover the cost of shipping to and from 'base'.

5.8 All new Goods are covered by a minimum one year parts for domestic use only, (excluding consumable parts), unless the item states it is advertised specifically as being suitable for light commercial or commercial use. The warranty on Goods is clearly shown on the product info page. It can include a full site repair facility or a ‘back to base’ warranty. In some cases, where there is a minor fault, we may send a part by mail for the Customer to fit (This warranty excludes consumable parts and damage caused by accident, or misuse).

5.9 Goods sold for domestic or commercial use, are warranted for use in a suitable, normal habitable building environment. Primal Strength reserves the right to withdraw any warranty if Goods are situated or being used in a non-standard or unsuitable environment. Examples of this include (but are not limited to) external buildings such as non-heated or non- insulated sheds and garages, and areas close to a swimming pool, where the ambient temperature and moisture levels vary significantly from a standard environment.

5.10 Warranties for commercial Goods vary and will be advised to the Customer on a case by case basis.

5.11 Any commercial warranty is only valid if the Goods are regularly maintained by a fitness equipment service engineer. Primal Strength recommends a minimum quarterly service on all Goods. A minimum of two recorded services per year are required for the warranty to be valid.

5.12 Primal Strength offers 1/3/5 year warranty plans and the Customer should contact sales@primalstrength.com for pricing.

5.13 Lifetime frame warranty covers all frame welds only. It does not cover paint or damage from miss use or if a machine has been loaded past machine rating. Or if the machine has been altered.

5.14 One year cable warranty covers broken cables. It does not cover general wear or damage from miss use.

5.15 One year pad warranty covers pad failure. It does not cover wear and tear or damage from misuse including stitching being picked.

5.16 One year accessories warranty covers product failure. It does not cover wear and tear or damage from miss use.

5.17 Rubber dumbbells and plates have a one year no break warranty. For urethane dumbbells, this extends to 3 years. For steel dumbbells, this extends to 5 years. This is valid when used with a minimum of 20mm flooring. It covers a dumbbell or plate failure. It does not cover wear and tear or damage from misuse.

5.18 All barbells have a minimum of 1 year no bend warranty. Specific barbell warranty is on all barbell pages. Cosmetic ceramic coating wear is not covered by warranty. Wear and tear is not covered under warranty.

5.19 These Conditions shall apply to any repaired or replacement Goods supplied by Primal Strength.

6. Title and risk

6.1 The risk in the Goods shall pass to the Customer on completion of delivery.

6.2 Title to the Goods shall not pass to the Customer until Primal Strength receives payment in full (in cash or cleared funds) for the Goods and any other goods that Primal Strength has supplied to the Customer, in which case title to the Goods shall pass at the time of payment of all such sums.

6.3 Until title to the Goods has passed to the Customer, the Customer shall:

(a) store the Goods separately from all other goods held by the Customer so that they remain readily identifiable as Primal Strength's property;

(b) not remove, deface or obscure any identifying mark or packaging on or relating to the Goods;

(c) maintain the Goods in satisfactory condition and keep them insured against all risks for their full price on Primal Strength's behalf from the date of delivery;

(d) notify Primal Strength immediately if it becomes subject to any of the events listed in clause 13.3(b) to clause 13.3(d); and

(e) give Primal Strength such information as Primal Strength may reasonably require from time to time relating to:

(i) the Goods; and

(ii) the ongoing financial position of the Customer.

6.4 At any time before title to the Goods passes to the Customer, Primal Strength may require the Customer to deliver up all Goods in its possession that have not been resold, or irrevocably incorporated into another product and if the Customer fails to do so promptly, enter any premises of the Customer or of any third party where the Goods are stored in order to recover them.

7. Supply of Services

7.1 Primal Strength shall supply the Services to the Customer in accordance with the Service Specification in all material respects.

7.2 Primal Strength shall use all reasonable endeavours to meet any agreed performance dates for the Services, but any such dates shall be estimates only and time shall not be of the essence for the performance of the Services.

7.3 Primal Strength reserves the right to amend the Service Specification if necessary to comply with any applicable law or regulatory requirement, or if the amendment will not materially affect the nature or quality of the Services, and Primal Strength shall notify the Customer in any such event.

7.4 Primal Strength warrants to the Customer that the Services will be provided using reasonable care and skill.

8. Customer's obligations

8.1 The Customer shall:

(a) co-operate with Primal Strength in all matters relating to the Services;

(b) provide Primal Strength, its employees, agents, consultants and subcontractors, with access to the Customer's premises, office accommodation and other facilities as reasonably required by Primal Strength to provide the Services;

(c) provide Primal Strength with such information and materials as Primal Strength may reasonably require in order to supply the Services, and ensure that such information is complete and accurate in all material respects;

(d) prepare the Customer's premises for the supply of the Services;

(e) comply with all applicable laws, including health and safety laws;

(f) keep all materials, equipment, documents and other property of Primal Strength (Supplier Materials) at the Customer's premises in safe custody at its own risk, maintain Supplier Materials in good condition until returned to Primal Strength, and not dispose of or use Supplier Materials other than in accordance with Primal Strength's written instructions and authorisation; and

(g) comply with any additional obligations as set out in the Service Specification or the Goods Specification or both.

8.2 If Primal Strength's performance of any of its obligations under the Contract is prevented or delayed by any act or omission by the Customer or failure by the Customer to perform any relevant obligation (Customer Default):

(a) without limiting or affecting any other right or remedy available to it, Primal Strength shall have the right to suspend performance of the Services until the Customer remedies the Customer Default, and to rely on the Customer Default to relieve it from the performance of any of its obligations in each case to the extent the Customer Default prevents or delays Primal Strength's performance of any of its obligations;

(b) Primal Strength shall not be liable for any costs or losses sustained or incurred by the Customer arising directly or indirectly from Primal Strength's failure or delay to perform any of its obligations as set out in this clause 8.2; and

(c) the Customer shall reimburse Primal Strength on written demand for any costs or losses sustained or incurred by Primal Strength arising directly or indirectly from the Customer Default.

9. Charges and payment

9.1 The price for Goods:

(a) shall be the price set out in the Order which shall be made up of the Deposit and the balance amount; and

(b) shall, unless otherwise advised by Primal Strength, be exclusive of all costs and charges of packaging, insurance, transport of the Goods, which shall be invoiced to the Customer.

9.2 The charges for Services, including details of the Deposit to be paid by the Customer shall be as set out in the Order. Unless otherwise set out in the Order, Primal Strength’s standard payment terms are for sales placed via telephone are 30% Deposit on confirmation of the Order and the balance no later than 14 days prior to delivery of the Goods. Payment terms for online sales are 100% at the time of placing the Order.

9.3 Primal Strength reserves the right to:

(i) increase the price of Goods if Customer is not in a position to receive the Goods within 90 days of placing the order After 90 days, Primal Strength has the right to charge for of Goods being held on the Customer’s behalf;

(ii) any factor beyond the control of Primal Strength (including foreign exchange fluctuations, increases in taxes and duties, and increases in labour, materials and other manufacturing costs);

(iii) any request by the Customer to change the delivery date(s), quantities or types of Goods ordered, or the Goods Specification; or

(iv) any delay caused by any instructions of the Customer in respect of the Goods or failure of the Customer to give Primal Strength adequate or accurate information or instructions in respect of the Goods.

9.4 Time for payment shall be of the essence of the Contract.

9.5 All amounts payable by the Customer under the Contract are exclusive of amounts in respect of value added tax chargeable from time to time (VAT).

9.6 If the Customer fails to make a payment due to Primal Strength under the Contract by the due date, then, without limiting Primal Strength's remedies under Error! Bookmark not defined.Error! Reference source not found., the Customer shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause 9.6 will accrue each day at 4% a year above the Bank of England's base rate from time to time, but at 4% a year for any period when that base rate is below 0%.

9.7 All amounts due under the Contract shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

9.8 For the avoidance of doubt, any Deposit paid is non-refundable except in circumstances where Primal Strength is unable to fulfil an Order.

9.9 The price for any Goods and/or Services is subject to change until the Deposit is paid.

9.10 Discount code promotions exclude the following: Carriage and installation, non Primal Strength branded products, promotional lines and 0% finance promotions. Two discounts or promotions cannot be added to a single order. Discount codes do not apply to already reduced Goods.

9.11 Only one discount code can be used per order. Codes are not valid on previous purchases or returns. There is no cash back or cash alternative. Valid only while stock lasts. Offers may be modified or terminated at any time without notice

9.12 In the case of free gifts or promotional items with a purchase, these cannot be combined with any other promotion or discount code. Primal Strength reserves the right to apply an additional carriage to free of charge promotional items. If the Customer does not wish to take advantage of any free gift offers or promotional items, the Customer should email operations@primalstrength.com. Only one free item is allowed per Customer.

10. Intellectual property rights

10.1 All Intellectual Property Rights in or arising out of or in connection with the Services (other than Intellectual Property Rights in any materials provided by the Customer) and any Intellectual Property Rights in the Goods shall be owned by Primal Strength.

11. Confidentiality

11.1 Each party undertakes that it shall not at any time disclose to any person any confidential information concerning the business, assets, affairs, customers, clients or suppliers of the other party.

12. Limitation of liability

12.1 References to liability in this clause 12 include every kind of liability arising under or in connection with the Contract including liability in contract, delict (including negligence), misrepresentation, restitution or otherwise.

12.2 Neither party may benefit from the limitations and exclusions set out in this clause in respect of any liability arising from its deliberate default.

12.3 Nothing in the Contract limits any liability which cannot legally be limited, including liability for:

(a) death or personal injury caused by negligence;

(b) fraud or fraudulent misrepresentation;

(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession); and

(d) defective products under the Consumer Protection Act 1987.

12.4 Subject to clause 12.2 and clause 12.3, Primal Strength's total liability to the Customer shall not exceed the price for the relevant Goods and/or Services (as applicable).

12.5 This clause 12.5 sets out specific heads of excluded loss:

(i) loss of profits;

(ii) loss of sales or business;

(iii) loss of agreements or contracts;

(iv) loss of anticipated savings;

(v) loss of use or corruption of software, data or information;

(vi) loss of or damage to goodwill; and

(vii) indirect or consequential loss.

12.6 Primal Strength has given commitments as to compliance of the Goods and Services with relevant specifications in clause 5 and clause 7. In view of these commitments, the terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.

12.7 This clause 12 shall survive termination of the Contract.

13. Rights of Cancellation

13.1 Subject to Clause 13.2, the Customer has the right to cancel the Order (or part thereof) up to 14 days prior to Primal Strength’s planned delivery date of the Goods. Where the Customer opts to cancel the Order more than 14 days from the planned delivery date, the Deposit will be retained by Primal Strength. If the Customer opts to cancel an Order (or part thereof) within 14 days of Primal Strength’s planned date of delivery of the Goods, the Customer shall remail liable for the full Order value. Individual consumers should read Addendum A for details of their cancellation rights which do differ.

13.2 In the case of bespoke Goods (which are Goods not provided in Primal Strength’s standard range or which have been specifically customised for the Customer), the Customer shall not have any right to cancel after the Order has been placed.

13.3 Without affecting any other right or remedy available to it, Primal Strength may terminate the Contract with immediate effect by giving written notice to the Customer if:

(a) the Customer commits a material breach of any term of the Contract and (if such breach is remediable) fails to remedy that breach within a period of 7 days after being notified to do so;

(b) the Customer takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), obtaining a moratorium, being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business;

(c) the Customer suspends, or threatens to suspend, or ceases or threatens to cease to carry on all or a substantial part of its business; or

(d) the Customer’s financial position deteriorates so far as to reasonably justify the opinion that its ability to give effect to the terms of the Contract is in jeopardy.

13.4 Without affecting any other right or remedy available to it, Primal Strength may terminate the Contract with immediate effect by giving written notice to the Customer if:

(a) the Customer fails to pay any amount due under the Contract on the due date for payment; or

(b) there is a change of Control of the Customer.

13.5 Without affecting any other right or remedy available to it, Primal Strength may suspend the supply of Services or all further deliveries of Goods under the Contract or any other contract between the Customer and Primal Strength if the Customer fails to pay any amount due under the Contract on the due date for payment, the Customer becomes subject to any of the events listed in clause 13.3(b) to clause 13.3(d), or Primal Strength reasonably believes that the Customer is about to become subject to any of them.

14. Consequences of termination

14.1 On termination of the Contract:

(a) the Customer shall immediately pay to Primal Strength all of Primal Strength's outstanding unpaid sums and interest and, in respect of Services and Goods supplied but for which no invoice has been submitted, Primal Strength shall submit an invoice, which shall be payable by the Customer immediately on receipt;

(b) the Customer shall return all of Primal Strength Materials and any Deliverables or Goods which have not been fully paid for. If the Customer fails to do so, then Primal Strength may enter the Customer's premises and take possession of them. Until they have been returned, the Customer shall be solely responsible for their safe keeping and will not use them for any purpose not connected with this Contract.

14.2 Termination or expiry of the Contract shall not affect any rights, remedies, obligations and liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry.

14.3 Any provision of the Contract that expressly or by implication is intended to have effect after termination or expiry shall continue in full force and effect.

15. Force majeure

Neither party shall be in breach of the Contract or otherwise liable for any failure or delay in the performance of its obligations if such delay or failure results from events, circumstances or causes beyond its reasonable control (a Force Majeure Event). The time for performance of such obligations shall be extended accordingly.

16. General

16.1 Assignment and other dealings

(a) Primal Strength may at any time assign, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights and obligations under the Contract.

(b) The Customer shall not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any of its rights and obligations under the Contract without the prior written consent of Primal Strength.

16.2 Notices.

(a) Any notice given to a party under or in connection with the Contract shall be in writing and shall be:

(i) delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its principal place of business (in any other case); or

(ii) sent by email to the following addresses (or an address substituted in writing by the party to be served):

Supplier: sales@primalstrength.com

Customer: any email address provided by the Customer in connection with an Order.

(b) Any notice shall be deemed to have been received:

(i) if delivered by hand, at the time the notice is left at the proper address;

(ii) if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; or

(iii) if sent by email, at the time of transmission, or, if this time falls outside Business Hours in the place of receipt, when Business Hours resume.

(c) This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.

16.3 Severance. If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of the Contract. If any provision or part provision of the Contract is deemed deleted under this clause 16.3 the parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the commercial result of the original provision.

16.4 Entire agreement.

The Contract constitutes the entire agreement between the parties.

16.5 Third party rights.

The Contract does not give rise to any rights under the Contract (Third Party Rights) (Scotland) Act 2017 to enforce any term of the Contract.

16.6 Variation. Except as set out in these Conditions, no variation of the Contract shall be effective unless it is agreed in writing and signed by the parties (or their authorised representatives).

16.7 Governing law. The Contract and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of Scotland.

16.8 Jurisdiction. Each party irrevocably agrees that the courts of Scotland shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.

ADDENDUM A – CONSUMER TERMS

For the avoidance of doubt, the provisions of this Addendum A below shall only apply where the Customer is a “Consumer” as defined by the Consumer Rights Act 2015. In the case of a Consumer, the provisions of this Addendum A shall apply to the exclusion of any other part of these Conditions which conflict.

Where to find information about us and our products

You can find everything you need to know about us, Primal Strength Limited, and our products on our website before you order. We also confirm the key information to you in writing before you order.

When you buy from us you are agreeing that:

• We only accept orders when we've checked them.

• Sometimes we reject orders.

• We charge you when you order and when we supply your product.

• We charge interest on late payments.

• We pass on increases in VAT.

• We're not responsible for delays outside our control.

• Products can vary slightly from their pictures.

• You're responsible for making sure your measurements are accurate.

• [If you bought online, over the telephone, you have a legal right to change your mind

• You can end an on-going contract (find out how).

• You have rights if there is something wrong with your product.

• We can change products and these terms.

• We can suspend supply (and you have rights if we do).

• We can withdraw products.

• We can end our contract with you.

• We don't compensate you for all losses caused by us or our products.

• We use your personal data as set out in our Privacy Notice.

• You have several options for resolving disputes with us.

• Other important terms apply to our contract.

We only accept orders when we've checked them

We contact you to confirm we've received your order and then we contact you again to confirm we've accepted it.

Sometimes we reject orders

Sometimes we reject orders, for example, because a product is unexpectedly out of stock because you are located outside our delivery areas, as stated on our website or because the product was mispriced by us. When this happens, we let you know as soon as possible and refund any sums you have paid.

Payment

For some products we take payment at regular intervals, as explained to you during the order process. You will own any goods you buy once we have received payment for them in full.

We charge interest on late payments

If we're unable to collect any payment you owe us we charge interest on the overdue amount at the rate of 4% a year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You pay us the interest together with any overdue amount.

We pass on increases in VAT

If the rate of VAT changes between your order date and the date we supply the product, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.

We're not responsible for delays outside our control

If our supply of your product is delayed by an event outside our control, we contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won't compensate you for the delay, but if the delay is likely to be substantial you can contact our Customer Service Team: https://primalstrength.com/support to end the contract and receive a refund for any products you have paid for in advance, but not received, less reasonable costs we have already incurred.

Products can vary slightly from their pictures

A product's true colour may not exactly match that shown on your device or in our marketing or its packaging may be slightly different.

You're responsible for making sure your measurements are accurate

If we're making or supplying product(s) to measurements you provide, you're responsible for making sure those measurements are correct.

We charge you if you don't give us information we need

We charge you additional sums if you don't give us information we've asked for about how we can access your property for delivery, installation or to provide services or if you don't do preparatory work for installation, as agreed with us. For example, we might need to re-deliver on another vehicle or with extra manpower or reschedule services.

If you bought online or over the telephone, you have a legal right to change your mind

Your legal right to change your mind. For most of our products bought online or over the telephone, you have a legal right to change your mind about your purchase and receive a refund of what you paid for it, including the delivery costs. This is subject to some conditions, as set out below.

When you can't change your mind. You can't change your mind about an order for:

• services, once these have been completed;

• products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;

• Goods that are made to your specifications or are clearly personalised; and

• Goods which become mixed inseparably with other items after their delivery.

The deadline for changing your mind. If you change your mind about a product you must let us know no later than 14 days after:

• the day we deliver your product, if it is Goods, If the goods are for regular delivery, you can only change your mind after the first delivery. If the goods are split into several deliveries over different days, the period runs from the day after the last delivery.

• the day we confirm we have accepted your order, if it is for Services.

How to let us know. To let us know you want to change your mind, contact our Customer Service Team: https://primalstrength.com/support

You have to return the product at your own cost. If your product is goods, you have to return it to us within 14 days of your telling us you have changed your mind. Returns are at your own cost, unless we offered free returns when you bought the Goods. You can send the product back to us, using an established delivery service. If you do this you should keep a receipt or other evidence from the delivery service that proves you have sent it and when you sent it. If you don’t do this and we don’t receive the Goods at all or within a reasonable time we won't refund you the price. For help with returns, including our collection arrangements for Goods which can't be posted, see our Returns Process https://www.primalstrength.com/policies/refund-policy or contact our Customer Service Team at sales@primalstrength.com.

We only refund standard delivery costs. We don't refund any extra you have paid for express delivery or delivery at a particular time.

You have to pay for services you received before you change your mind. If you bought a service, we don't refund you for the time you were receiving it before you told us you'd changed your mind.

We reduce your refund if you have used or damaged a product. If you handle the Goods in a way which would not be acceptable in-store, we reduce your refund, to compensate us for its reduced value. For example, we reduce your refund if the product's condition is not "as new", price tags have been removed, the product-branded packaging is damaged or accessories are missing. In some cases, because of the way you have treated the product, no refund may be due.

When and how we refund you. If your product is a service or Goods that haven't been delivered or that we're collecting from you, we refund you as soon as possible and within 14 days of you telling us you've changed your mind. If your product is goods that you're sending back to us, we refund you within 14 days of receiving them back from you (or receiving evidence you've sent them to us). We refund you by the method you used for payment. We don't charge a fee for the refund.

You can end an on-going contract (find out how)

We tell you when and how you can end an on-going contract with us (for example, for regular services or a subscription for goods) during the order process and we confirm this information to you in writing after we've accepted your order. If you have any questions, please contact our Customer Service Team: https://primalstrength.com/support

You have rights if there is something wrong with your product

If you think there is something wrong with your product, you must contact our Customer Service Team: https://primalstrength.com/support We honour our legal duty to provide you with products that are as described to you on our website and that meet all the requirements imposed by law. Your legal rights are summarised below. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.citizensadvice.org.uk. Remember too that You have several options for resolving disputes with us.

We can change products and these terms

Changes we can always make. We can always change a product:

• to reflect changes in relevant laws and regulatory requirements; or

• to make minor technical adjustments and improvements,.

We can suspend supply (and you have rights if we do)

We can suspend the supply of a product. We do this to:

• deal with technical problems or make minor technical changes;

• update the product to reflect changes in relevant laws and regulatory requirements; or

• make changes to the product (see We can change products and these terms).

We let you know, may adjust the price and may allow you to terminate. We contact you in advance to tell you we're suspending supply, unless the problem is urgent or an emergency. If we suspend supply, or tell you we're going to suspend supply, for more than thirty days, you can contact our Customer Service Team: https://primalstrength.com/support to end the contract and we'll refund any sums you've paid in advance for products you won't receive.

We can withdraw products

We can stop providing a product. We let you know as soon as possible when this occurs, and we refund any sums you've paid in advance for products which won't be provided.

We can end our contract with you

We can end our contract with you for a product and claim any compensation due to us if:

• you don't make any payment to us when it's due and you still don't make payment within 7 days of our reminding you that payment is due;

• you don't, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the product; or

• you don't, within a reasonable time, either allow us to deliver the product to you.

We don't compensate you for all losses caused by us or our products

We're responsible for losses you suffer caused by us breaking this contract unless the loss is:

• Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).

• Caused by a delaying event outside our control. As long as we have taken the steps set out in the section We're not responsible for delays outside our control.

• Avoidable. Something you could have avoided by taking reasonable action.

• A business loss. It relates to your use of a product for the purposes of your trade, business, craft or profession.

We use your personal data as set out in our Privacy Notice

How we use any personal data you give us is set out in our Privacy Notice, a copy of which can be found at https://www.primalstrength.com/policies/privacy-policy .

You have several options for resolving disputes with us

Our complaints policy. Our Customer Service Team: https://primalstrength.com/support will do their best to resolve any problems you have with us or our products.

You can go to court. These terms are governed by English law and wherever you live you can bring claims against us in the [Scottish] courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.

Other important terms apply to our contract

We can transfer our contract with you, so that a different organisation is responsible for supplying your product. We'll tell you in writing if this happens and we'll ensure that the transfer won't affect your rights under the contract. If you're unhappy with the transfer you can contact our Customer Service Team: https://primalstrength.com/support. to end the contract within thirty days of us telling you about it and we will refund you any payments you've made in advance for products not provided.

You can only transfer your contract with us to someone else if we agree to this.

Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.

If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.

Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn’t mean we can't do it later.

Faulty Goods:

Under the Consumer Rights Act 2015, a customer has an early right to reject goods that are unsatisfactory quality, unfit for purpose or not as described, and get a full refund. This right is limited to 30 days from the date the customer took ownership of the goods. If an item is faulty and needs to be returned, the customer does not need to pay postage costs for the return of the faulty item. If a customer is asked to return an item that arrived damaged, not as described or faulty, the retailer should refund the total cost of the return. Faulty goods or missing items should be reported within 72 hours of delivery.

UK VAT

All products listed in the .com/UK ecommerce store are priced inclusive of VAT at 20%. All products listed in our commercial section are priced including VAT at 20%, but exclude carriage and installation.

Promotional item or free GIFT OFFER

Occasionally, we may give away a free gift or promotional item with a purchase. This will appear in your shopping basket once selected. Free gifts cannot be combined with any other promotion or discount code – please call if you have any questions. An additional carriage charge may apply to free of charge promotional items. If you do not want to take advantage of any free gift offers or promotional items, you will have the opportunity to opt out of them with no obligation. Only one free item is allowed per customer.

DISCOUNT CODE EXCLUSIONS

The following categories are excluded from our discount code promotions: Carriage and installation, Concept 2, Speedfit, Airbike and Versaclimber, Keiser, Wattbike, promotional lines and 0% finance promotions. Two discounts or promotions cannot be added to a single order. Discount codes do not apply to already reduced items.

Only one discount code can be used per order. Codes are not valid on previous purchases or returns. There is no cash back or cash alternative. Valid only while stock lasts. Offers may be modified or terminated at any time without notice.

Free gift promotions are for UK Mainland only and is one gift per customer.

DELIVERY

All of our UK stocked products are shipped directly from our UK warehouse, and we endeavour to dispatch your order within 24 hours of the order being placed between Monday to Friday. Any weekend orders will be shipped within 24 hours of the next business day. However – we cannot control any delays which may be subject to our external courier’s post-dispatch. Customer is liable to pay re-delivery fees if any access or vehicle restrictions are not advised prior to delivery.

All delivery prices exclude “local duty”. This includes local government duty charge to Northern Ireland and all European countries.

Free Mainland UK Delivery available on orders over £500 excludes Highlands and Islands.

Delivery costs are as below:

Mainland UK:

Orders under £50 - £4.99

Between £50 to £150 - £9.99

Between £150 - £349.99 - £19.99

Between £350 - £499.99 - £39.99

Orders over £500 - Free

Highlands & Islands

0kg to 50kg - £29.99

Over 50kg - £149.00

PRODUCT SUITABILITY

Please note that all products on the main primal Strength website are designed for use in either domestic or commercial environments, each product has the warranty clearly displayed on the product info page. Equipment purchased from our website and used in a non-domestic environment will render the warranty null and void unless the equipment description states it is suitable for commercial use. Items with a “light commercial” warranty are designed for non-fee paying gyms or environments and are only warrantied in such conditions.

If you are planning to purchase equipment for commercial or light commercial use, or have any questions regarding the warranty for such equipment, please email sales@primalstrength.com, our team will be able to recommend the best equipment for your needs.

When Buying Items from our Mail Order Returns/Ex-Display Section. Items purchased from our mail order returns/ex-display models section of our website may be partially or fully boxed/assembled and may have some sort of light cosmetic damage. All goods will have been fully tested and will be in full working order and covered by a 6 or 12 month warranty. All warranty details and any such minor defects will be made known on the product info page.

PRICING

Primal Strength ‘RRP or Normal Price’ is based on equivalent products in the market and can be quantified on request.

‘SSP or Now Price’ is the buying price listed before any promotional codes, installation or carriage has been calculated.

KLARNA

In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment options. Payment is to be made to Klarna:

- Pay Later 30

- Pay in 3 instalments

- Pay Now

Further information and Klarna’s user terms you can find here. General information on Klarna can be found here. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarnas privacy statement.

CONSUMABLE PARTS List

Cables, belts, upholstery, ropes, ladders, spring loaded adjustment pins, pulley wheels, pulley wheel bearings and all springs.

All loose rubber weights and fixed rubber barbell and dumbbells ends are classed as consumable items for the terms of the warranty.

DATA PROTECTION

All customer information will be treated under the terms of the Data Protection Act. We will not pass on your details to other companies. We may identify and inform you of other products and services offered by Primal Strength which would be of interest to you. You must tell us if you do not wish us to do so.

We do not store credit card details nor do we share customer details with any 3rd parties.

COMPLAINTS

Primal Strength take all of our customers seriously and we try to offer them the best possible service available, however if you feel you have something to complain about please contact us at office@primalstrength.com. For further contact information please see here https://www.primalstrength.com/pages/contact.

To speak to the financial ombudsman please visit - https://www.financial-ombudsman.org.uk/

CUSTOMER SERVICE

For customer service please use the Support page found at https://primalstrength.com/support.

All prices quoted are correct at time of going to press, due to circumstances beyond our control these may change, including the rate of Value Added Tax. The price levied will be confirmed at the time of ordering.

Incorrect/Faulty goods must be returned to us before replacements will be dispatched. Goods must be returned with Primal Strength RAN code.

We strive to keep the majority of the products listed on our website in stock at all times. Occasionally some items are out of stock. If you order an item that is out of stock, we will contact you within 48 hours (2 working days) and advise you when the item is due back in or of any comparable product that is available.

Refunds will be made in the original payment method and within 14 days of our receipt of goods. All refunds must be authorised by our directors.

NB. Any due dates shown on the website are an estimate of when delivery is expected in to our warehouse and is updated regularly the closer stock gets. Any back order products will be normally be despatched within 48 hours (2 working days) of the goods arriving in our warehouse.

YOUR STATUTORY RIGHT TO CANCEL

Under Consumer Contracts (Information, Cancellation and Additional Charges) Regulations, you have the right to cancel most domestic products purchased from us using distance means and receive a full refund within 14 days of delivery. We must be notified of your intention to cancel in writing or email and the cost to return the goods will be the responsibility of the customer. Please note any items that are clearly personalised or made specifically to the consumer’s specifications are exempt from these regulations. We also reserve the right to make a deduction from refunding the full purchase price if we believe (on examination of the returned goods) that they exhibit use (including self-assembly and attempts at disassembly). The amount of deduction will be based on the extent of the diminishment in the goods value.

Under the terms of the aforementioned Regulations you have the right to cancel any service (purchased using distance means) we offer and seek a full refund within 14 days beginning the day after the contract is concluded.

However, by you agreeing that we commence carrying out this service before this cancellation period has expired, Primal Strength wish to inform you (the consumer) in writing that you will not be able to cancel this contract of service under the regulations once the performance of the installation service has been completed.

We will ask you to sign a form to this effect immediately prior to installation. Please note this does not negate your rights to have any incomplete or faulty workmanship corrected by us. Consequently, you will not be eligible for any refund in relation to any specific charges we have made for the installation of these goods.

FURTHER GOODS CANCELLATION POLICY

If goods have been dispatched, we also offer customers the opportunity to return goods beyond 14 days but no later than 30 days of receipt of your goods. In cases such as this the following conditions will apply. The cost of postage, packaging and insurance to return the goods will be borne by the customer and goods must be received by us in perfect condition and in their original packaging. The cost of delivering the goods will be deducted from any refund. There may be a re-stocking charge. If goods are not received back in perfect condition and in their original packaging, Primal Strength reserve the right not to accept the goods at our warehouse and/or not to issue a refund or credit. Any costs to redeliver the goods will be payable in advance by the customer. If the goods have been removed from their original packaging or assembled, your option to cancel may be forfeited.

Our Standard 14 to 30 day online return options apply to goods purchased for domestic use only. These options do not apply to equipment purchased for use by a business, commercial equipment, or for any ‘special order’ items. Special order items, are goods that are not normally stocked by Primal Strength and have had to be ordered specifically for a customer. Custom designs are excluded. These options also do not apply to Mail Order Returns/Ex Display Models are classed as ‘one off’ ‘special order’ items, and as such are not covered by our standard 14 to 30 day online return option. Any free gifts or promotional items received with your order must be returned if an order is cancelled, if not returned these may be charged at the RRP value.

Please note: our couriers do not collect any unpackaged goods.

All order cancellations or returns must be notified to us by e-mail or by writing to our head office only. If you wish to cancel or return goods, please e-mail operations@primalstrength.com at the address below and we will issue a Return Authorisation Number. Goods must be returned to us within 7 days of receipt of the unique Primal Strength RAN being given.

No cancellation of order will be accepted after 30 days from delivery of goods.

DISCLAIMER

Primal Strength endeavour to keep product information as up to date as possible. However, specifications are liable to change without notice. Product photographs are intended to illustrate the particular model but may, occasionally, not reflect the product as sold. Unless specifically stated, weights, bars and other accessories shown on photographs are not included – please call for further details on any particular product.

While every effort is made to provide accurate and up to date information, Primal Strength cannot be held responsible for any errors or omission on our website or brochures.

Although Primal Strength endeavour to ensure that all pricing information on the website is accurate, occasionally an error may occur and goods may be mis-priced. If a pricing error is discovered or an order is placed at the erroneous price we will, at our discretion, either: contact you and ask you whether you wish to cancel your order or continue with the order at the correct price; or notify you that we have cancelled your order. We will not be obliged to supply goods at the incorrect price. There is no time limit on pricing errors but we will aim to contact you within 48 hours (2 working days).

All orders made by you through the .com/UK website are subject to acceptance by us. We may choose not to accept your order for any reason and providing no payment has been taken nor any explicit acceptance of your order has been accepted, we will not be liable to you or to anyone else in those circumstances.

After submitting an order to us we will send you an order acknowledgement email with your order number and details of the goods that you have ordered. Please note this email is an acknowledgement and is not an acceptance of your order.

For certain goods, information concerning stock availability is not available on the website. If you order goods which are not available from stock, we will contact you by e-mail and you will have the option to wait until the goods are available from stock, or cancel your order in accordance with our cancellation and returns policy. In the event your order is cancelled, we will refund any payment already collected from you in respect of that order, in accordance with our cancellation and returns policy.

Please note the prices quoted are valid for 30 days and are subject to change thereafter.

On receipt of a deposit this will confirm the final pricing.

Primal Strength will endeavour to meet agreed delivery and installation dates however, this can be subject to change dependent on external factors, such as Covid-19 , over which we have no control.

Primal Strength will not be held liable for any delays that could affect opening times or loss of earnings.

Where possible we will aim to ensure that we meet agreed dates. We will work closely with you to minimise any impact or disruption to your business.

Stock availability as indicated on the site is an expected date and can be subject to change due to external factors.

Deposits are non refundable.

Any email or other electronic acknowledgement by us of receipt of an order placed by you does not constitute legal acceptance by us of your order.

While every care has been taken to ensure that this website is virus-free, Primal Strength accepts no liability for viruses or virus damage as result of using this website.

Nothing in these terms and conditions affect your statutory rights.

Prize Draw Competitions

Contact details required for entry to the prize draw must be provided on request in order to be eligible to take part.
Personal information required for the prize draw will be processed by Primal Strength Ltd
Only one prize to be won by one participant
Entrants must be over 18
Open only to UK residents
Prize draw will be selected at random