Terms and Conditions
Terms and Conditions
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
Click on the links below to view the specific Terms and Conditions for our current promotions, which apply in addition to the General Terms and Conditions found below.
30-Day Free Premier Membership
30-Day Free FitPass Trial
Gift FitPass to a Friend
GENERAL TERMS AND CONDITIONS
IMPORTANT WARNING: Children under the age of thirteen (13) and all animals should be kept away from the Products at all times.
NOTICE TO PARENTS AND/OR GUARDIANS: You are responsible for monitoring and supervising your child's use of the Products and Services. No child under the age of thirteen (13) may use the Products and Services. Please keep all children under the age of thirteen (13) away from the Products. If your child is using the Products or Services without your express consent and is under the age of eighteen (18), please contact us immediately so that we can disable his or her access to the Services.
1 Echelon Fitness UK Terms and Conditions
These terms and conditions (these “Terms”) apply to the purchase and sale of consumer products and services (the “Products”) through echelonfit.uk (the “Website”) and through mobile, desktop, or device applications - including iOS and Android applications (each an “App” and together the “Apps”).
By placing an order for Products from the Website, or through the Apps, you accept and are bound by these Terms.
These Terms also apply generally to the use of the Website, the Echelon App, including FitPass, Subscriptions to the Apps, and the Echelon social media pages (each a “Service” and collectively the “Services”). By registering as a member or by visiting, browsing, or using the Services in any way, you accept and agree to be bound by these Terms.
These Terms are subject to change at any time. The latest version of these Terms will be posted on this Website, and you should review these Terms before purchasing any Product or Service to ensure you understand the Terms that apply at that time. Your continued use of this Website after a posted change in these Terms will constitute your acceptance of and agreement to such changes as of their effective date.
You should also carefully review the EU & UK Privacy Notice before placing an order for Products or Services through this Website (see Section 17 below).
All rights not expressly granted by Echelon in these Terms are reserved.
2 About Us and How to Contact Us
We are Echelon Fitness UK Limited ("Echelon"), a company registered in England and Wales under 11694932. Our registered office is at 27 Old Gloucester Street, London, United Kingdom, WC1N 3AX. Our registered VAT number is 310076944.
Some of the services provided alongside your Echelon Products, including the Apps, are provided by one of our Affiliate companies in the US, including Echelon Fitness Multimedia LLC.
You can contact us by telephoning our customer service team at +44(0)20 3763 5892 or by writing to us at CS@echelonfit.uk or Echelon Fit, Attn: Customer Service, 27 Old Gloucester Street, London, United Kingdom, WC1N 3AX.
If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provide to us with your order.
3 IMPORTANT - Your Health and Physical Activity
The Echelon Products and Services promote physical activity. Generally, the use of our products and services will help you improve your health and achieve a healthy lifestyle. However, you should always consider the risks involved and consult with your GP or other medical professional before engaging in any strenuous physical activity.
4 Echelon Fit App Subscription and Automatic Renewal
Your Echelon Fit App Subscription automatically renews unless auto-renew is turned off at least 24 hours before the end of the Subscription trial period. You will be charged through your iTunes or Google Play store account. See pricing listed on the App for the amount charged for a Subscription. Any unused portion of a free trial will be forfeited when the trial ends and a Subscription is purchased.
5 Licence for Services
Subject to your compliance with these Terms and solely for so long as you are permitted by us to access and use the Services, Echelon grants you a limited, non-transferable, non-exclusive, revocable right and licence to access and use the Services for your own personal, non-commercial purposes, a right which may not be assigned or sublicensed to anyone (the “Licence”). Any other use of the Services is strictly prohibited.
We may, in our sole discretion, refuse to offer the Service to any person or entity, or change the eligibility criteria at any time. This Licence will remain in effect unless you violate these Terms, or the Licence is terminated by you or Echelon. You agree not to copy, reproduce, redistribute, sell, transfer, create derivative works from, modify, decompile, reverse engineer, or disassemble any Service. If Echelon terminates your Account because you have breached the Terms, you may not be entitled to a refund of any unused credits, classes, or Subscription, unless required by law. Echelon reserves the right to discontinue any aspect of the Website or the Services at any time.
6 Your Account
To access the Services, you will need to establish an account. You may not use someone else’s name, or post, upload or submit any content that violates any third-party rights, is against the law, or that is offensive, obscene or otherwise objectionable (in Echelon’s reasonable discretion). Echelon may, acting reasonably, suspend, disable, or delete your account (or any part thereof) or block or remove any content that you submit, for any lawful reason, including if Echelon determines that you have violated these Terms or that your conduct or content may damage Echelon’s reputation or goodwill. You are responsible for all activity that occurs under your account. You may not allow others to use your account. You agree to notify Echelon immediately if you suspect there has been any unauthorised use of your account, access to your password, or any other breach of security. You are solely responsible for the use of your account. Although Echelon will not be liable for your losses caused by any unauthorised use of your account that is within your control, you may be liable for the losses of Echelon or others due to such unauthorised use.
7 Third Party Content and Services
The Website may contain links to third party websites that are not owned or controlled by Echelon. Echelon has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites, including privacy and data gathering practices. In addition, Echelon will not and cannot censor or edit the content of any third-party website. By using the Website, you expressly release Echelon from any and all liability arising from your use of any third-party website.
8 Sale of Products, Order Acceptance and Cancellation
You agree that your order is an offer to buy all Products and Services listed in your order pursuant to these Terms. Availability of Products and Services cannot be guaranteed. Product and Service specifications and other information provided is subject to change without notice. Items depicted are for illustration only and are subject to change. Errors will be corrected where discovered, and we reserve the right to revoke any errors or omissions. Please check the relevant Product or Service description before purchase.
All orders must be accepted by us or we will not be obligated to sell the Products or Services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between Echelon Fitness UK Limited and you will not take place unless and until you have received your order confirmation email.
Our orders are processed for delivery within 2 -3 business days. If you to cancel your order you must write to at CS@echelonfit.uk either before your order is dispatched or within 14 days of delivery of your item(s), quoting your order number. Keep the item in its original packaging as delivered.
9 Updates to Digital Content
We may update or require you to update digital content contained in the Apps, and previously available digital content may become unavailable at any time, provided that the available digital content shall always match the description provided to you at the time of purchasing a Service.
10 Prices and Payment Terms
All prices posted on this Website are subject to change without notice. The price charged for a Product or Service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. To the extent that price increases apply to Subscriptions, we will give you notice before any increases take effect and you will be provided with the opportunity to cancel your Subscription.
Posted prices do not include charges for shipping and handling. All such charges will be added to your order total before you complete your order, and will be itemised in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors. In the event that we cancel your order due to an error in the offer, we will issue a full refund of any amounts paid.
- Terms of payment are within our sole discretion and, unless otherwise agreed by us at the time of purchase, payment must be received by us before our acceptance of an order. You represent and warrant that (i) the credit or debit card information you supply to us is true, correct, and complete, (ii) you are duly authorised to use such credit or debit card for the purchase, (iii) charges incurred by you will be honoured by your card provider, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
- If we cannot successfully charge your payment method on a billing date or end of a free trial, or within a few days after such billing date or free trial end, we reserve the right to cancel your Subscription without further notice
- From time to time we will run offers which will be accessible using a discount code during the checkout process. In order to qualify for the offered discounts, the discount code must be used at time of purchase and cannot be applied retrospectively to your purchase. Discounts will not be refunded after purchase.
11 Shipments, Delivery, Title and Risk of Loss
We will arrange for shipment of the Products to you. Please check the individual Product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process.
Shipping and delivery dates are estimates only and cannot be guaranteed but we will make every effort to ensure delivery within 30 days of your order.
We are not liable for any delays in shipments outside our control.
Title and risk of loss pass to you upon delivery to the delivery address specified in the order.
12 Returns and Refunds
Every Product is satisfaction guaranteed and may be returned within 30 days of delivery date as long as it is in brand new condition (including but not limited to scratches or dents) and it also must be returned complete, undamaged, (including, but not limited to, no scratches or dents) and in the original box, packaging (or equivalent), with the user manual and power adaptor. You are responsible for shipping costs arising from the return of the Products. You bear the risk of loss during shipment. If you are based in the UK, returns can be arranged on your behalf by our Customer Service Team, and you will incur a shipping and restocking fee of £99.99 which will be deducted from any refund paid. Refunds will be made in the form of the original payment. If you are based in Ireland, returns can be arranged on you behalf by our Customer Service Team and if, on return to us, it is determined that the Products have been used, damaged, are missing components, or are not in resaleable condition, we may charge a restocking fee of £99.99. Any credit for gift returns will be issued to the original purchaser. All returns must be in original/sellable condition and include the original packaging with all tags attached. Only items purchased from echelonfit.uk can be accepted for return. All returns require an authorisation number. Please email our Customer Service Team to initiate your return at CS@echelonfit.uk. .
Please note any customer refusing to accept delivery of their order for any reason other than the Product being damaged in transit will be subject to paying the return carriage cost incurred by Echelon Fitness UK Limited.
13 Faulty Products
Should your Product develop a fault please email our Customer Service Team at CS@echelonfit.uk. We will help to identify the issue and resolve it as quickly and as efficiently as possible. If a part is required, we may be able to send this direct to you. In the event that the Product needs to be returned for a replacement or a refund, we will give you an RMA (returns code) and arrange for collection of the Product and for collection documents to be sent to you. Please ensure the RMA code is written on the original packing note/invoice and dispatched within the item (DO NOT WRITE ON THE PACKAGING).
Items for collection must be packed in secure appropriate packaging and be made available for collection by our carriers within 7 days of you notifying us they are faulty. If when the carrier arrives to collect the Products, they are found not to be available or ready for collection, a charge will be payable by you for the carrier to recollect at another time.
Once the items are received at Echelon Fitness UK Limited, we will inspect the product(s) and arrange to send out a replacement product if necessary. Please note that if we do not find the product to be faulty on its return to us, we may send this item back to you and all delivery charges will be payable by you. Please note that if proof of purchase cannot be shown, then we reserve the right to charge for any/all repairs.
14 Disclaimers and Limited Warranty
This limited warranty gives you specific legal rights, which are in addition to and without prejudice to your statutory and common law rights. A summary of your key legal rights is set immediately below.
This limited warranty can also be found in the documentation we provide with the Products.
We warrant that during the Warranty Period (as defined below), the Products will be free from defects in materials and workmanship.
We provide the Services without warranty on an “as is” and “as available” basis. You therefore use the Services at your own risk.
To the fullest extent permitted by law, Echelon, its officers, directors, employees, and agents disclaim all other warranties, express or implied, in connection with the Products, Services, the Website and your use thereof. Echelon makes no warranties or representations about the accuracy or completeness of the Website or its content or the content of any websites linked to the Echelon website, and assumes no liability or responsibility for any:
- errors, mistakes, or inaccuracies of content;
- unauthorised access to or use of our servers and/or any and all personal information and/or financial information stored therein;
- interruption or cessation of transmission to or from the Website;
- bugs, viruses, trojan horses, or the like which may be transmitted to or through the Website;
- loss or damage of any kind incurred as a result of the use of any content made available via the Website; and
- if you are based in the UK, personal injury or death or property damage, of any nature whatsoever, resulting from your access to and use of the Website or from the conduct of any users of the Services, unless caused by our negligence.
If you are based in the UK, we expressly disclaim any and all warranties of any kind, whether express or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, quiet enjoyment and any other warranty that might arise under any law.
Our responsibility for defective products is limited to repair, replacement or refund as set forth in this warranty statement. Neither any performance or other conduct, nor any oral or written information, statement or advice provided by us or any of our suppliers, agents or employees will create a warranty, or in any way increase the scope or duration of this limited warranty.
Who May Use This Warranty?
This limited warranty extends only to the original purchaser of Products from the Website. It does not extend to any subsequent or other owner or transferee of a Product.
What Does This Warranty Cover?
This limited warranty covers defects in materials and workmanship in Products during the Warranty Period (as defined below).
What Does This Warranty Not Cover?
This limited warranty does not cover any damages due to:
- improper use;
- failure to follow the product instructions or to perform any preventive maintenance;
- combination or use with any products, materials, processes, systems or other matter not provided or authorised in writing by Echelon Fit UK Limited;
- unauthorised repair;
- normal wear and tear; or
- external causes such as accidents, abuse, or other actions or events beyond our reasonable control.
What is the Period of Coverage?
This standard limited warranty on Products starts on the date of your purchase and lasts for one year (the "Warranty Period"). The standard Warranty Period may be extended one additional year by purchasing the Extended Warranty during checkout or within the standard one-year Warranty Period. The Warranty Period or Extended Warranty is not extended if we repair or replace a warranted Product. We may change the availability of this standard limited warranty at our discretion, but any changes will not be retroactive and will only apply to future purchases of Products.
What Are Your Remedies Under This Warranty?
With respect to any defective Products during the Warranty Period or Extended Warranty Period, we will, in our sole discretion, either: (i) repair or replace such Products (or the defective part) free of charge or (ii) refund the purchase price of such Products. We will also pay for shipping and handling fees to return the repaired or replacement Product to you if we elect to repair or replace the defective Products.
How Do You Obtain Warranty Service?
To obtain warranty service, you can email our Customer Service Department at CS@echelonfit.uk during the Warranty Period to obtain an RMA number. No warranty service will be provided without an RMA number.
15 Summary of Your Key Legal Rights
This is a summary of your key legal rights. These are subject to certain exceptions. If you are based in the UK, please visit the Citizens Advice website (www.adviceguide.org.uk) or call 03454 04 05 06 for more information. If you are based in Ireland, please visit the Competition and Consumer Protection Agency website (www.ccpc.ie) for more information.
In compliance with applicable consumer protection law, our Products must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights may entitle you to the following:
- Up to 30 days: if your goods are faulty, then you can get an immediate refund.
- Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.
- Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
For most Products bought online you also have a legal right to change your mind within 14 days and receive a refund.
In compliance with applicable consumer protection law, any digital content provided as part of the Services, including the Apps, must be as described, fit for purpose and of satisfactory quality. Your legal rights may entitle you to the following:
- If your digital content is faulty, you're entitled to a repair or a replacement.
- If the fault can't be fixed, or if it hasn't been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back.
- If you can show the fault has damaged your device and we haven't used reasonable care and skill, you may be entitled to a repair or compensation.
For all other Services, you can ask us to repeat or fix it if it's not carried out with reasonable care and skill, or carried out within a reasonable time, or get some money back if we can't fix it.
Note that you do not have a right to change your mind in respect of digital content or other Services once you started to download or stream this content.
16 Goods Not for Resale or Export
You represent and warrant that you are buying Products or Services as a consumer and for your own personal or household use and not for resale or export.
17 Intellectual Property Use and Ownership
You acknowledge and agree that:
- All uses on this Website of the terms "sell," "sale," "resell," "resale," "purchase," "price" and the like, when referring to the Services mean the purchase or sale of a licence for the Services (a “Licence”). Each Service marketed on this Website is made available solely for licence, not sale, to you and other prospective customers under the terms, conditions, and restrictions contained in these Terms.
- Echelon are and will remain the sole and exclusive owners of all intellectual property rights in and to each Product and Service and any related specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, patents, trade marks and other intellectual property rights, subject only to the limited Licence granted under these Terms. You do not and will not have or acquire any ownership of these intellectual property rights in or to the Products or Services, or of any intellectual property rights relating to those Products or Services.
- You do not have the right to make copies of any materials contained within the Apps or other Services, or the Products. You may not distribute copies of any such materials without our express written permission.
18 Data Protection
We respect your privacy and your rights in relation to your personal data, and are committed to protecting them. The EU & UK Privacy Notice sets out all relevant information relating to the processing of personal data collected from you in connection with your purchase of Products or Services through the Website, including your rights as a data subject.
19 Force Majeure
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, pandemic, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labour disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication or internet breakdown or power outage.
20 Governing Law
These Terms shall be governed by and construed in accordance with the laws of England and Wales.
You can bring legal proceedings in respect of the Products or Services in the English courts. If you live in another part of the United Kingdom or in the Republic of Ireland, you can also bring legal proceedings in your local court.