Terms and Conditions
(Last updated 14 May 2013)
This website is operated by Adapt-IT (referred to as "Adapt-IT/we/our/us") which is a division of Kinetic Training. As a user of this website (referred to as "you/your") you acknowledge that any use of this website including any transactions you make ("use/using") is subject to our terms and conditions below (which includes any other important hypo-linked sections e.g. Post and Packaging, Returns and Refunds and Data Protection. Please:
- Read through these terms and conditions carefully before using this website.
- Print a copy for future reference.
- We reserve the right to change these terms and conditions at any time. Any such changes will take effect when posted on the website. The date of any update will be confirmed as above under the heading Terms and Conditions. It is your responsibility to read the terms and conditions on each and every occasion you use this website. Your continued use of our website shall signify your acceptance to be bound by the latest version of terms and conditions.
- If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use this website.
- These terms and conditions shall apply to all contracts for the sale of goods by us to you to the exclusion of all other terms and conditions that you may purport to apply under any purchase order, similar document or verbal agreement.
- "Buyer" (also referred to as you/your) refers to the person who buys the goods or agrees to buy the goods from us.
- "Goods" refers to the product, products and / or services that you agreed to buy from us.
- "Price" refers to the agreed price for the goods, including VAT, where applicable, at the current VAT rate on the date the order is requested, subject to post and packaging charges, where applicable and any additional insurance arranged under instruction from the Buyer.
- "Date of Event" refers to the date the event will take place.
- "Supplementary Terms and Conditions" refers to any additional Terms and Conditions used by a third party.
- Please see the shop for information on how to place an order. All orders that you place on this website will be subject to acceptance in accordance with the version of terms and conditions in force at the time that your order is placed.
- Any order acknowledgement email detailing any products you have ordered does not constitute an order confirmation or order acceptance from Adapt-IT.
- Acceptance of your order and completion of the contract between you and us will take place on dispatch to you of the goods ordered unless we have notified you that we do not accept your order or you have cancelled it (please refer to Returns and Refunds section).
- We do not file details of your order for you to subsequently access direct on this website, and therefore, please print out these terms and conditions and the order acknowledgement for your own records. If you wish to obtain specific details of your previous orders please click on the Contact Us section of this website and make your request.
Sale of Goods
- Please be aware that due to variations in website browsers, the colour of the goods depicted on the website may from time to time appear different to the actual goods being sold.
- All goods are subject to availability.
Price of Goods
- The price you pay is the price displayed on this website at the time we receive your order apart from the following exception. Whilst we try to ensure that all prices displayed on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. In this circumstance, if you choose to cancel and you have already paid for the goods, you will receive a full refund.
- Prices are said to be correct at the point of publication but will be subject to future changes or if necessary amendments.
- We aim to fulfil order requests received at the point of price publication providing the goods requested are in stock.
- Any changes to prices will be published on the date they become effective.
- All prices stated exclude VAT and Packaging and carriage charges for delivery, unless expressly stated otherwise (see Packaging and carriage for further details including express delivery options and charges).
- All prices are stated and processed in British Pounds Sterling. Packing and carriage prices are for UK delivery only. Any orders taken in non-UK countries are subject to a separate carriage quotation. Payment will taken by Credit Card and converted to British Pounds Stirling by the Credit Card suppliers involved.
Payment of Goods
- Payment is taken via a secure connection and cannot be viewed by anyone else on the web.
- Adapt-IT only stores credit card information up to the time of the transaction and a short time thereafter..
- We accept all major credit cards - Mastercard, Visa, Visa Delta, Maestro and Solo.
- Payment will normmally be deferred until dispatch once we have verified your card details and stock availability.
- Payment can be made by any secure method specified in the checkout section of this website. Refer to the Security section for more information about secure on-line ordering.
- Goods paid for by cheque will only be released when the cheque has been cleared.
- Bounced cheques will incur an administration charge of £25.00.
Delivery of Goods
- This website is only for the delivery of goods to customers in mainland UK. Orders to be dispatched to Northern Ireland, Isle of Man, Orkney, Shetland and Scottish Highlands and Islands may be subject to an additional carriage charge. All goods must be signed for by an adult aged 18 years or over on delivery.
- Delivery charges are specified in the Packing and Carriage section and also when you place an order. We make every effort to deliver the goods within the estimated reasonable timescales, however delays are occasionally inevitable due to unforeseen factors. Adapt-IT shall be under no liability for any delay or failure to deliver the goods within estimated timescales.
- Risk of loss or damage of goods passes to you on the date when the goods are delivered or on the date of first attempted delivery by us.
- Adapt-IT shall not be liable for the delay or failure to deliver products promptly if such failure arises due to force majeure or by reason of any delays occasioned by strikes, riots, lockouts or other labour trouble, war, fire, accident, mechanical failure, non availability to Adapt-IT of manufactured stock, parts or materials; delay or failure of delivery of the products to Adapt-IT by manufacturers, suppliers or other persons; government action, legislation or regulation of any kind; Act of God or any circumstances whatsoever outside our reasonable control.
Acceptance of Goods
- You shall be deemed to have accepted goods 24 hours after delivery.
- After acceptance you shall not be entitled to reject goods, which are not in accordance with this contract.
- Sometimes the product specifications from the manufacturer may change, in which case we will do our best to offer you a substitute of the same or better quality at the same price. If you are not happy with the replacement you can return it to us within 10 days and we will provide you with a full refund (including any outbound Packing and Carriage if applicable).
- All sizes and measurements are approximate but we do try to make sure that they are as accurate as possible.
- You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in the materials and / or content made available as part of your use of this website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us, or our licensors.
- You acknowledge and agree that the material and content contained within the website is made available for your personal non-commercial use only and that you may only download such material and content for the purpose of using this website. You further acknowledge that any other use of the material and content of this website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material or content.
Title of Goods
- Title to any Goods you order on this website shall pass to you on delivery of the goods provided that we have processed and received payment in full for the products.
- All items remain the property of Adapt-IT until paid for in full.
Liabilities and Indemnity
- Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability that may not otherwise be limited or excluded under applicable law.
- Subject to section 12.1 above, Adapt-IT will use reasonable endeavours to verify the accuracy of any information on the site but makes no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the site or that it will be timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website Adapt-IT will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website and Adapt-IT accepts no liability of any kind of any loss or damage from action taken or taken in reliance on material or information contained on this site.
- Subject to section 12.1 above, other than as expressly provided in these terms and conditions with respect to specific products and except for the exclusive remedies set out at clause 9 above, any indemnities, warranties, terms and conditions (whether expressed or implied) are hereby excluded to the fullest extent permitted under applicable law.
- Subject to section 12.1 above, Adapt-IT will not be liable, in contract, tort (including without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the terms and conditions for any:
- economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings;) or
- loss of goodwill or reputation; or
- special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under these terms and conditions.
- Notwithstanding the above, subject to section 12.1 Adapt-IT's aggregate liability (whether in contract, tort or otherwise) for loss or damage in any event be limited to a sum equal to the amount paid or payable by you for the good(s) in respect of one incident or series of incidents attributable to the same clause.
- This clause 12 does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.
- We will take all reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.
Remedies of the Buyer
- Where you reject any Goods then you shall have no further rights whatsoever in respect of the supply to you of such Goods or the failure us to supply Goods that confirm to the contract of sale.
- Where you accept or have been deemed to have accepted any Goods then we shall have no liability whatsoever to you in respect of those Goods.
- Adapt-IT shall be under no liability for any delay or failure to deliver products or otherwise perform any obligation as specified in these terms and conditions if the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control.
- The purpose of this statement is to set out how we use personal information that we may obtain about you, by either registering as a user or any services provided by Adapt-IT on this website. We will use this data to fulfil our agreement with you.
- When you register and use this site, you will be asked to supply certain information such as your contact details. We will store this data and hold in on computers or otherwise. We will use this data to fulfil our agreement with you.
- We may use this information that you provide of that is obtained by us:
- To register you with our website and to administer our website services;
- For assessment and analysis (e.g. market, customer and product analysis) to enable us to review, develop and improve the services which we offer and to enable us to provide you and other customers with relevant information through our marketing programme. We may use your information to make decisions about you using computerised technology, for example automatically selecting products or services which we think will be of interest to you from the information we have. We may keep you informed of such products and services (including special offers, discounts, offers, competitions and so on by any of the following methods:
- SMS text messaging and other electronic messages such as picture messaging
- Or otherwise (including products and services of other companies and organisations) which we consider may be of interest to you. If you do not wish Adapt-IT to provide information of such products and services, please click Contact Us and advise us of this.
- To administer any prize draws or competitions that you may enter.
- We may give information about you to the following, which may use it for the same purposes as set out above.
- Agents who (on our behalf) profile your data so that we may tailor the goods we offer to your specific needs;
- To other organisations for the administration of prize draws or competitions;
- To anyone to whom we transfer or may transfer our rights and duties under our agreement with you;
- If we have a duty to do so or if the law allows us to do so.
- You have the right to see personal data (as defined in the Data Protection Act) that we keep about you, upon receipt of a written request and payment of a £25.00 administration fee. If you are concerned that any of the information we hold on you is incorrect please click Contact Us on the website for contact details to let us know your concerns.
- New technologies exist on the Internet that helps us to deliver customised visitor experiences. In particular there is a technology called "cookies" which may be used by us to provide you with, for example, customised information from our website. A cookie is an element of data that a website can send to your browser, which may then store it on your system. Cookies allow us to understand who has seen which pages and advertisements, to determine how frequently particular pages are visited and to determine the most popular areas of our website. Depending on the type of cookie we use, cookies also allow us to make our website more user friendly, for example, permanent cookies allow us to save your password so that you do not have to re-enter it every time you visit our website.
- If you wish you could usually adjust your browser so that you computer does not accept cookies. If you do this you will still be able to browse around the site but the functions that allow you to add items to your shopping basket, set up a new account or access an existing account will not be available.
- Alternatively you can adjust your browser to tell you when a website tries to put a cookie on your computer. How you adjust your browser to stop it accepting cookies or to notify you of them will depend on the type of internet browser programme your computer uses. If your computer uses Microsoft Internet Explorer, Netscape Navigator or Firefox, you will need to follow these instructions after clicking on this link www.allaboutcookies.org. Go to the heading "Manage Cookies". Click onto the option you prefer, either stopping cookies being installed, or notifying you of them. From the list provided, click onto the programme that your computer uses.
- Please remember cookies do not contain confidential information such as your home address, telephone number or credit card details. We do not exchange cookies with any third party or external data suppliers.
- Your browser also generates other information, including which language the site is displayed in and your Internet Protocol address ("IP address"). An IP address is a set of numbers that is assigned to your computer during a browsing session whenever you log onto the Internet via your Internet Service Provider or your network (if you access the Internet from, for example, computer at work). Your IP address is automatically logged by our servers and used to collect traffic data about visitors to our website. We do not use you IP address to identify you personally.
- We only keep cookies for the duration of your visit to our website.
- We endeavour to take all reasonable steps to protect your personal information. However we cannot guarantee the security of any data you disclose on-line. You accept the inherent security risks of providing information and dealing on-line over the Internet and will not hold us responsible for any breach of security unless this is due to our negligence or wilful default.
Supplementary Terms and Conditions
- Please be aware that our site may link to other websites which may be accessed through our website. We are not responsible for the data policies, procedures or content of these linked sites.
Returns and Refunds
- We want you to be totally satisfied with every purchase you make from Adapt-IT. If for any reason you are not completely happy with your purchase, simply return it to us within 10 days, unused, in its original packaging, together with the receipt. We will offer either alternative goods in exchange or a full refund excluding any outbound Postage & Packaging costs incurred. All we ask from you is to complete a Return Request Form.
- Proof of purchase will be required to confirm the purchase price.
- Faulty or damaged goods: All goods are checked thoroughly before packing and prior to dispatch, to ensure they are neither damaged nor faulty. Every precaution is taken to ensure that the goods are securely packed and breakable goods are clearly marked fragile. However, damage can sometimes still occur in transit. Any package that arrives damaged, will be followed up with the carrier as a result of poor or inadequate handling in transit. Should you receive your package in a damaged state it is essential that you contact us within 10 days and advise us. We will then make arrangements with you to return the goods for either replacement or full refund.
- Missing goods: All goods are checked and cross checked against your invoice during packing to ensure that the correct number of goods are enclosed.
- In all cases, any return postage costs incurred will be your own responsibility unless the return is due to an error made by Adapt-IT.
- Stock Availability: All Customers will be notified on occasions when we are unable to fulfill your order request due to lack of available stock, mainly as a result of high demands. In this instance we will try to source suitable alternative goods to offer a second option for you. Alternatively you may cancel your order without any charge or further obligation.
- Under the Distance Selling Regulations you have the right to cancel your order for any goods purchased on this website for a full refund. This does not apply to goods made to your specification, personalised goods or events and / or services whereby the date of event has passed.
- Some products are excluded from our 10-day money back guarantee but if so, you will be advised of this at the time of your purchase.
- To return the goods you must e-mail or write to us within 7 days of delivery of your goods, quoting your name, invoice number and order number (if applicable). You must take reasonable care of the goods and must not use them. The address to send returned goods is shown on the Return Request Form.
- You may cancel any order for events / services in the same way, within 10 days of the date of purchase, unless the services begin sooner and no later than 30 days before date of the event. You may not cancel accommodation, transport or leisure services that occur on a specified date.
- The Distance Selling Regulations do not apply to Financial and Insurance Services.
- The 10-day money back guarantee and any other manufacturers' guarantees promoted on the website are in addition to our obligations with respect to your statutory rights, which remain unaffected.
- Should you have cause for complaint or simply wish to provide some feedback about our service or website, please Contact Us. Click Contact Us for further details.
- We always welcome any feedback, be it positive or negative, and endeavour to respond to you within 3 working days.
- The laws of England shall govern the contract between us and any dispute between us will be resolved exclusively in the Courts of England. English is the only language offered for the conclusion of the contract.
- We have selected our products on the basis that they will be used for their intended purpose only. If you are planning to utilise any of our products for business purposes, please ensure that you are covered by appropriate insurance.
- Adapt-IT may, at their discretion, utilise the services of a handling agent to process all or any debit, credit and charge card payments for customers and such handling agent will retain a handling fee of 2.5% of the transaction value where a card is used to purchase Goods supplied. The total amount payable for all customers regardless of the means of payment will be the same.
- To provide increased value to our customers, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
- You may not assign or sub-contract any of your rights or obligations under these terms and conditions or any related order for products to any third party unless agreed upon in writing by Adapt-IT.
- Adapt-IT reserves the right to transfer, assign, novate or sub-contract the benefit of the whole or part of any of its rights or obligations under these terms and conditions or any related contract to any third party.
- If any portion of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these terms and conditions shall not be affected.
- These terms and conditions do not create or confer any rights or benefits enforceable by any person that is not a party (within the meaning of the U.K. Contracts (Rights of Third Parties) Act 1999) except:
- Adapt-IT shall have the right to enforce any rights or benefits under these terms and conditions;
- Adapt-IT shall have the right to enforce and take the benefits of the right or benefits of any limitation or exclusion or limitation of liability in these terms and conditions;
- A person who is a permitted successor or assignee under Section 14.7 above of the rights or benefits or these terms and conditions may enforce such rights or benefits;
- No consent from the persons referred to in Section 14.8 is required for the parties to vary or rescind these terms and conditions (whether or not in any way that varies or extinguishes rights or benefits in favour of such third parties).
- No delay or failure by Adapt-IT to exercise any powers, rights or remedies under these terms and conditions will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorised representative of Adapt-IT.
- These terms and conditions including the documents or other sources referred to in these terms and conditions supersede all prior representations, understandings and agreements between you and Adapt-IT relating to the use of this website (including the order of Goods) and sets forth the entire agreement and understanding between you and Adapt-IT for the use of this website.
Office: Churchill House, Stirling Way, Borehamwood, Herts WD6 2HP
We recommend that you print out a copy of these terms and conditions for your future reference.