Buying of Products and Services

Termination of contract
A contract may be terminated by us if you fail to pay us the relevant sum by the date it is due.

Without prejudice to the previous Condition either you or we may terminate a Contract:

In the case of a breach of contract by the other party and where this breach is not remedied (where this is possible) within 14 days of receiving a written notice requiring it to be remedied

if an encumbrancer takes possession or a receiver is appointed over the property or assets of the other

if the other makes any arrangement with his, her or their creditors, or ceases to carry on business, or is wound up or dissolved

The termination of any Contract shall not prejudice the enforceability of any rights or obligations of the parties accrued before the termination date.

We shall endeavour to provide you with the goods or services that are the subject of any Contract between us as soon as reasonably possible. It is agreed that we shall not be in breach of our obligations to you if we should fail to do so within 30 days of the day on which we confirmed receipt of your order of the goods or services in question from us.

Cooling-Off period
There is no financial penalty for cancelling this contract during the "cooling-off" period.

You do not have the right to cancel any Contract under these cooling-off provisions if that Contract is:

1. for personalised products, products made to your personal specifications, or are of a nature by which they cannot be returned or are liable to deteriorate or expire rapidly
2. for audio or video recordings or computer software if they are unsealed by the consumer
3. for the supply of publication(s) whether electronic or paper based
4. for services and the supply of these services has already begun

If, subject to these conditions, you wish to cancel any Contract for the supply of services your right to cancellation rights during the cooling-off period ends on the expiry of the period of seven days after the day on which the Contract is entered into.

If you wish to cancel any Contract for the supply of goods during the cooling-off period you shall return the goods to us and you shall be responsible for the cost of doing so. Rights to return goods during the cooling-off period ends on the expiry of the period of seven working days from the day after the date on which you received relevant the goods.

The notice of cancellation is a notice that must be in writing and it must be delivered to:

Sports-Fitness
No. 2 East Park,
World Aviation Centre,
Smithstown Ind Estate,
Shannon,
Co. Clare

In the event of cancellation of a contract we shall reimburse any sums paid as soon as possible and in any event within 30 days of the day on which the notice of cancellation was given.

We shall not charge you for our cost of recovering the goods if you have the right to reject the goods under any other express or implied term of the Contract or it is found that the requirement that you return any goods if you cancel the Contract is an "unfair term". But subject to this we may make a charge (which shall not exceed the direct costs of us recovering any goods supplied under the Contract) if you either do not return the goods in question or you return the goods at our expense.

If you wish to cancel any Contract for the supply of goods you shall be under a duty throughout the period prior to cancellation to retain possession of the goods in question and take reasonable care of them. This duty ceases when you either deliver the goods in question to us or send the goods at your own expense to us. If you send the goods to us you are under a duty to take reasonable care to see that the goods are received by us and not damaged in transit.

If we do not receive the goods you must make the goods available for us to collect at your premises after we have asked you to do so in writing either before or at the time the goods are collected. If we have asked you in writing to make the goods available for us to collect at your premises within 21 days (or within 6 months if you have no other lawful grounds to reject the goods) of the day notice of cancellation was given, and you unreasonably refuse or unreasonably fail to comply with it, your duty to retain possession and take reasonable care of the goods shall continue until you deliver or send the goods to us.

The cancellation rights provided for in this section are in addition to any other cancellation rights you may have in law.