Terms & Conditions

Active+ is operated by us (Core Fulfilment Limited) under contract with AXA ICAS Limited.

These Website Terms and Conditions ("Terms") (together with our Privacy Policy (http://www.myactiveplus.com/legal/security-and-policy), PureGyms specific Terms and Conditions (http://www.myactiveplus.com/puregym-terms-and-conditions), Cookie Policy (http://www.myactiveplus.com/legal/cookies) and Website Acceptable Use Policy (http://www.myactiveplus.com/legal/usage-policy) tell you information about us and the legal terms and conditions on which we sell any of the products and/or services ("Products") listed on our website ("Our Site") to you.

These Terms will apply to any contract between us for the sale of Products to you ("Contract"). Please read these Terms carefully and make sure that you understand them, before ordering any Products from Our Site.  Please note that by registering or placing an order you are agreeing to these Terms. If you refuse to accept these Terms, you will not be able to register or order any Products from Our Site.

We may amend these Terms from time to time as set out in clause 9. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.

  1. INFORMATION ABOUT US

    1. We operate this website. We are Core Fulfilment Limited, company number 03439236 and with our registered office at Elmbank House, Lodge Road, Sandbach CW11 3HD.  Our VAT number is 701 0952 77. We refer to ourselves as "we", "us" or "our" in this document.

    2. To cancel a Contract, please follow the process set out in clause 10.3. If you wish to contact us for any other reason, including because you have any complaints, you can contact us by telephoning our customer service team at 0333 202 6703 or by e-mailing us at [email protected].

  2. SITE DISCLAIMER

    1. Although AXA ICAS Limited, company number 02548573 and with its registered office at 5 Old Broad Street, London, EC2N 1AD ("AXA ICAS"), has authorised its trade mark to be used in conjunction with Our Site, we (as the Active+ operating company) are solely responsible for all sales made through Our Site and AXA ICAS therefore has no obligations (and will not incur any liability, or owe any duty, to you) under these Terms or otherwise in relation to Our Site.

  3. OUR PRODUCTS

    1. We will take all reasonable care to ensure that all descriptions and prices of Products are correct at the time when that information is uploaded to Our Site. However, please note that:

      1. all items are subject to availability; we will inform you as soon as possible if any Product(s) you have ordered are not available and may offer alternative Product(s), subject to your agreement;

      2. the images of the Products on Our Site are for illustrative purposes only and although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours will accurately reflect the colour of the Products; your Products may vary slightly from those images;

      3. the packaging of Products may vary from that shown on Our Site; and

      4. all sizes, weights, dimensions and capacities indicated on Our Site are approximate only.

  4. VOUCHERS

    1. As part of Our Site, we provide a platform where other organisations ("Voucher Providers") can promote vouchers for products and/or services that they can provide to you.  To help you understand this, an example of a voucher and Voucher Provider is where a gym membership can be purchased through Our Site and that is to be redeemed with the gym company (who is the Voucher Provider).

    2. We will facilitate the completion of orders for these vouchers between you and the Voucher Provider through Our Site – this means that where you make a purchase for a voucher you will form a contract with the Voucher Provider and the voucher will be subject to additional terms set by the Voucher Provider.

    3. We do not control the provision of any products and/or services related to a voucher purchased by you from a Voucher Provider. The contract which will govern the provision of products and/or services by each Voucher Provider will at all times be the Voucher Provider's terms and conditions, details of which should be obtained directly from the relevant Voucher Provider, and may supplemented by these Terms and any others shown on Our Site.

    4. The Voucher Provider for each voucher is responsible for the sale of that voucher, for providing the products and/or services related to that voucher, and for any claims or issues arising in relation to that voucher.

    5. We will not be responsible or liable for the actions or omissions of any Voucher Provider (including for any negligent act, omission or misrepresentation).

  5. USE OF OUR SITE

    1. Your use of Our Site is subject to our Website Acceptable Use Policy (http://www.myactiveplus.com/legal/usage-policy) with which you must comply. Please take the time to read this, as it includes important terms which apply to you.

  6. HOW WE USE YOUR PERSONAL INFORMATION & COOKIES

    1. We use your personal information in accordance with our Privacy Policy (http://www.myactiveplus.com/legal/security-and-policy) and Cookie Policy (http://www.myactiveplus.com/legal/cookies). Please take the time to read these as they includes important terms which apply to you.

  7. IF YOU ARE A BUSINESS CUSTOMER - This clause 7 only applies if you are a business.

    1. If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use Our Site to purchase Products.

    2. These Terms, along with our Privacy Policy and Website Acceptable Use Policy, constitutes the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.

    3. You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms, our Privacy Policy and Website Acceptable Use Policy.

    4. You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation based on any statement in this Contract.

  8. THE ORDER PROCESS

    1. We may from time to time offer promotional discount codes or special offers which may apply in respect of any, or certain specified purchases made though Our Site. The conditions of use relating to any discount code will be specified at the time of issue. We reserve the right to withdraw or otherwise amend any special offers or discounts at our discretion. Promotional offers or product promotions may be subject to limited order quantity per household and all promotions or products are subject to availability at all times.

    2. Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.

    3. After you place an order, you will receive an e-mail from us acknowledging that we have received your order.  However, please note that this does not mean that your order has been accepted. We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched ("Dispatch Confirmation").  The Contract between us will only be formed when we send you the Dispatch Confirmation.

    4. If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.

  9. OUR RIGHT TO VARY THESE TERMS

    1. We may amend these Terms, our Privacy Policy, Cookie Policy and Website Acceptable Use Policy at any time. Please look at the [bottom of this and the other relevant pages] each time you visit our Site to see when each document was last updated and to take note of any changes, as these will be binding on you.

    2. Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.

  10. YOUR CONSUMER RIGHT OF RETURN AND REFUND - This clause 10 only applies if you are a consumer.

    1. If you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 10.2. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.

    2. Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out below:

      1. Any single Product which is delivered in one instalment.

        1. 14 days after the day on which you receive the Product.  Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the Product on 10 January you may cancel at any time between 1 January and the end of the day on 24 January.

      2. Either one Product which is delivered in instalments on separate days; or multiple Products which are delivered on separate days.

        1. 14 days after the day on which you receive the last instalment of the Product or the last of the separate Products ordered.  Example:  if we provide you with a Dispatch Confirmation on 1 January and you receive the first instalment of your Product or the first of your separate Products on 10 January and the last instalment or last separate Product on 15 January you may cancel in respect of all instalments and any or all of the separate Products at any time between 1 January and the end of the day on 29 January.

      3. Any Product to be delivered regularly over a set period.

        1. 14 days after the day on which you receive the first delivery of the Products.  Example: if we provide you with a Dispatch Confirmation on 1 January in respect of Products to be delivered at regular intervals over a year and you receive the first delivery of your Product on 10 January, you may cancel at any time between 1 January and the end of the day on 24 January. 24 January is the last day of the cancellation period in respect of all Products to arrive during the year.

      4. Any Gym membership or subscription.

        1. PureGyms memberships can be cancelled within the twelve months of the offer. You will receive a pro-rata refund for the remaining full months of the membership. Example - If you cancel after 3 months, you will receive a refund for 9 months. Refunds are calculated as Refund = (Purchase Price ÷ 12) x Full Months Remaining

      5. Any Product which is likely to deteriorate in condition or expire rapidly (a "Perishable Product"); or any product that has been personalised or made to order (a "Customised Product").

        1. Notwithstanding the cancellation periods set out above, you will not be able to return any Perishable Products or Customised Products following purchase.  No cancellation period will apply to such items.

    3. To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to e-mail us at [email protected] or contact our Customer Services team by telephone on 0333 202 6703 or by post to Active+, Elmbank House, Lodge Road, Sandbach CW11 3HD. If you are e-mailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us.

    4. If you cancel your Contract we will:

      1. refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the products and/or services, if this has been caused by your handling them in a way which would not be permitted in a shop.

      2. refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, if we offer delivery of a Product at one cost but you choose to have the Product delivered within a shorter period of time at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

      3. make any refunds due to you as soon as possible and in any event within the deadlines indicated below:

        1. if you have received the Product and we have not offered to collect it from you: 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us; or

        2. if you have not received the Product or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the Contract.

    5. If you have returned the Products to us under this clause 10 because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.

    6. We will refund you on the credit card or debit card used by you to pay. If you used vouchers to pay for the Product we may refund you in vouchers.

    7. Please note that refunds can take up to 20 days or longer to appear in your bank or credit card account. This may depend on which bank you use and where it is located.

    8. If a Product has been delivered to you before you decide to cancel your Contract then:

      1. you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. You can either send it back or arrange for us to collect it from you. Please e-mail us at [email protected] or contact our Customer Services team by telephone on 0333 202 6703 to arrange a return;

      2. unless the Product is faulty or not as described, you will be responsible for the cost of returning the Products to us. If the Product is one which cannot be returned by post, we estimate that if you use the carrier which delivered the Product to you, these costs should not exceed the sums we charged you for delivery. If we have offered to collect the Product from you, we will charge you the direct cost to us of collection.

    9. Because you are a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 10 or anything else in these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.

  11. DELIVERY

    1. We will contact you with an estimated delivery date, which will be within 30 days of the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order). Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 17 for our responsibilities when this happens.

    2. Delivery of an Order shall be completed when we deliver the Products to the address you gave us and the Products will be your responsibility from that time.

    3. You own the Products once we have received payment in full, including all applicable delivery charges.

    4. If we miss the 30 day delivery deadline for any Products then you may cancel your Order straight away if any of the following apply:

      1. we have refused to deliver the Products;

      2. delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or

      3. you told us before we accepted your order that delivery within the delivery deadline was essential.

    5. If you do not wish to cancel your order straight away, or do not have the right to do so under clause 11.4, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your Order if we do not meet the new deadline.

    6. If you do choose to cancel your Order for late delivery under clause 11.4 or clause 11.5, you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your Order we will refund any sums you have paid to us for the cancelled Products and their delivery.

  12. INTERNATIONAL DELIVERY

    1. Unfortunately, we do not deliver to addresses outside the UK.

  13. PRICE OF PRODUCTS AND DELIVERY CHARGES

    1. We cannot confirm the price of a Product until we have sent an email confirming acceptance of your order, as set out in clause 8.3. Prices for our Products may change from time to time, but changes will not affect any order you have already placed.

    2. The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.

    3. The price of a Product does not include delivery charges but on some products we may offer you Free Delivery. Any applicable delivery charges will be advised to you during the check-out process, before you confirm your order. To check relevant delivery charges, please refer to our Delivery Charges page (http://www.myactiveplus.com/customer-service/delivery-and-returns).

  14. HOW TO PAY

    1. During the checkout process, you will be asked to enter your payment details. You can only pay for Products using the methods shown on the checkout pages.

    2. Payment for the Products and all applicable delivery charges is in advance. We will not charge you until we dispatch your order.

  15. PAYMENTS THROUGH OUR SITE

    1. If you wish to purchase a Product, we will direct you to make payment through our third party provider (Sage Pay).

    2. Sage Pay is the largest independent payment service provider (PSP) in the UK and Ireland.  It provides a secure payment gateway, processing payments for thousands of online businesses, including ours.

    3. Sage Pay uses a range secure methods such as fraud screening, I.P address blocking and 3D secure. Once on the Sage Pay systems, all sensitive data is secured using internationally recognised 256-bit encryption standards.  Sage Pay is PCI DSS (Payment Card Industry Data Security Standard) compliant to the highest level and maintains regular security audits. They are also regularly audited by the banks and banking authorities to ensure that their systems are impenetrable.  You can tell that your session is in a secure encrypted environment when you see https:// in the web address, and/or when you see the locked padlock symbol alongside the URL.

    4. If you find that Sage Pay is not working on our Site, please let us know.  We have taken reasonable steps to ensure the reliability of Sage Pay, however, we are not responsible for its handling of your transaction or the way in which it handles your information.  More information on how your information is used by Sage Pay is available on its website.

  16. OUR LIABILITY IF YOU ARE A BUSINESS - This clause 16 only applies if you are a business customer.

    1. We only supply the Products for internal use by your business, and you agree not to use the Product for any resale purposes.

    2. Nothing in these Terms limits or excludes our liability for:

      1. death or personal injury caused by our negligence;

      2. fraud or fraudulent misrepresentation;

      3. breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or

      4. defective products under the Consumer Protection Act 1987.

    3. Subject to clause 15.b, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:

      1. any loss of profits, sales, business, or revenue;

      2. loss or corruption of data, information or software;

      3. loss of business opportunity;

      4. loss of anticipated savings;

      5. loss of goodwill; or

      6. any indirect or consequential loss.

    4. Subject to clause 15.2, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 100% of the price of the relevant Product(s).

    5. Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.

  17. OUR LIABILITY IF YOU ARE A CONSUMER - This clause 17 only applies if you are a consumer.

    1. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.

    2. We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

      HEALTH AND SAFETY WARNING

      Mobility and Living Aids

      You should read the instructions that come with the packaging before using the product and observe any specific warnings and given by the manufacturer. Where necessary or indicated you should always ensure you consult / engage a qualified installation specialist.

      Electrical products

      Electrical products sold on this website are designed for use in the UK and, if fitted with a plug, it will be a UK plug. They may not be suitable for use in other countries and you should check with the manufacturer before using them outside the UK.

      You should read the instructions that come with the packaging before using the product and observe any specific warnings given by the manufacturer.

      Medical electrical products

      Not all medical electrical products are suitable for all medical ailments and, occasionally, their use may interfere with any treatment you are receiving or aggravate a condition. You should check with your GP or occupational therapist before using any medical electrical product.

    3. We do not in any way exclude or limit our liability for:

      1. death or personal injury caused by our negligence;

      2. fraud or fraudulent misrepresentation;

      3. any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);

      4. any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and

      5. defective products under the Consumer Protection Act 1987.

  18. EVENTS OUTSIDE OUR CONTROL

    1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an "Event Outside Our Control". An Event Outside Our Control means any act or event beyond our reasonable control, including for example strikes, floods or failure of a public telecommunications network.

    2. If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

      1. we will contact you as soon as reasonably possible to notify you; and

      2. our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

    3. You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.

  19. ACTIVE+ LOYALTY POINTS

    1. We offer a loyalty scheme in respect of purchases made through Our Site allowing you to accrue loyalty points on your account (Active+ Loyalty Points).

    2. You will not be able to earn Active+ Loyalty Points if you are not a registered user of Our Site.  This loyalty scheme is open to all UK residents aged 18 or over.

    3. For every £1.00 that you spend on Our Site, you will automatically be awarded 1 Active+ Loyalty Point.  Each Active+ Loyalty Point is worth £0.02 on Our Site so for every 200 points you save, you will receive a £4.00 discount on future orders. Points earned on each order made will be added to your account once you have received the Dispatch Confirmation relating to that purchase.

    4. Your Active+ Loyalty Points balance will be visible to you when you log into your account on Our Site.  Purchases of any Product on Our Site can be made using a combination of monetary payment and Active+ Loyalty Points. The value of Active+ Loyalty Points redeemed as part of a transaction will not be eligible to earn further rewards.  If for any reason you receive a refund of the price you paid for any Product, the Active+ Loyalty Points earned on such purchase will be automatically deducted from your Active+ Loyalty Points balance on your account.

    5. We reserve the right to adjust the number of Active+ Loyalty Points awareded per amount spent on Our Site at our discretion without prior notice and also to adjust the value of Active+ Loyalty Points, both for points yet earned and already earned at our discretion without prior notice.

    6. Active+ Loyalty Points will not be awarded  on purchases where you are using any other promotional discount code or special offer. There may be exceptions to this from time to time depending on the type and content of a particular promotional offer.

    7. Active+ Loyalty Points cannot be exchanged for monetary currency and cannot be transferred between different customer accounts.

    8. We may contact you from time to time to update you on your Active+ Loyalty Points balance and also inform you of future loyalty schemes that may be of interest to you.

    9. Active+ Loyalty Points have a life span of 24 months from the date awarded to you and will automatically expire if not used by the end of such period.

    10. We reserve the right to withdraw or otherwise amend this loyalty scheme at our discretion at any time and without prior notice.

  20. OTHER IMPORTANT TERMS

    1. We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you in writing or by posting on this webpage if this happens.

    2. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

    3. This Contract is between you and us. No other person shall have any rights to enforce any of its terms.

    4. Each of the clauses in these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.

    5. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.

    6. If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through Our Site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.

    7. If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. We both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).