Fitstream Terms and Conditions

The term "Fitstream and Lithial ltd", "Lithial" or "us" or "we" refers to the owner of the website whose Name and Registered Office is Lithial ltd, 2 Windsor Place, Newcastle upon Tyne, Tyne and Wear, NE270DQ, United Kingdom. Our company registration number is 06027521. The term "you" or "customer" refers to the user or viewer of our website.

Acceptance of terms

By accessing the content of Fitstream and Lithial ltd ("the Website") you agree to be bound by the terms and conditions set out herein and you accept our privacy policy. If you object to any of the terms and conditions set out in this agreement you should not use any of the products or services on the Website and leave immediately. You agree that you shall not use the Website for illegal purposes, and will respect all applicable laws and regulations. You agree not to use the website in a way that may impair the performance, corrupt the content or otherwise reduce the overall functionality of the Website. You also agree not to compromise the security of the Website or attempt to gain access to secured areas or sensitive information. You agree to be fully responsible for any claim, expense, liability, losses, costs including legal fees incurred by us arising from any infringement of the terms and conditions set out in this agreement.

The placing of an order with Fitstream and Lithial ltd indicates the Customers acceptance of these terms and conditions. All orders for products and services on the Fitstream and Lithial ltd website are subject to these terms and conditions of sale. No other terms will apply to the supply of products and services by Fitstream and Lithial ltd unless agreed in writing by an authorized signatory of Lithial ltd. Fitstream and Lithial ltd is an Internet based retail business and as such communication between Fitstream and Lithial ltd and the Customer is by e-mail. The Customer agrees that email is a suitable form of communication regarding their orders, and that the Customer has access to an email account.

Products and Availability Information

Fitstream and Lithial ltd may correct any errors on its website without liability to the Customer. The advertising of products and services on the Fitstream and Lithial ltd website merely constitutes an invitation by Fitstream and Lithial ltd for the Customer to make an offer to purchase products and services. Notwithstanding the foregoing, nothing in these terms and conditions of sale shall affect the statutory rights of a Customer. Fitstream and Lithial ltd reserves the right, without prior notice, to discontinue any product or to make design changes as part of its continuous program of product improvement, or to assist product availability, and such changes may take place during the life of the Fitstream and Lithial ltd website.

Ordering

Fitstream and Lithial ltd reserves the right to decline to trade with any organisation or individual. In addition, Fitstream and Lithial ltd may decline to accept any order, whether or not payment has been received, by giving notice of non-acceptance to the Customer by email within a reasonable period of receipt by Fitstream and Lithial ltd of the order. Fitstream and Lithial ltd executes orders to the Customer's requirements, and does not substitute one product for another unless requested by the Customer, or unless the product has been superseded by the latest version. To the extent that orders cannot be fulfilled completely from stock, the unfulfilled balance will (at the Customer's option) either be put on back order to be fulfilled when Fitstream and Lithial ltd next has available stock or be cancelled. Cards are debited before items are shipped or before services are activated by Fitstream and Lithial ltd. This website should only be used for ordering purposes by persons over the age of eighteen (18).

In the event that a product is listed at an incorrect price due to a typographical error or error in pricing information from our suppliers, we shall have the right to refuse or cancel any orders based on the incorrect price whether or not the order has been confirmed.

Price & Payment

The prices of the products and services as set out in the Fitstream and Lithial ltd website are current at the date of dispatch. All prices include VAT. Fitstream and Lithial ltd reserves the right to change prices without prior notice at any time. Postage and packing will be calculated based on order weight. Where possible Fitstream and Lithial ltd will ship item(s) together however larger items or multiple quantity orders may require multiple parcels which will be charged pro-rata.

Methods of payment

We accept card payments both online and via telephone. All online payment details are validated and processed by PayPal who use the very latest SSL (Secure Socket Layer) encryption technology. However, since no credit card details are held on our website you will have to enter your card details every time you place an order with us. The cards we accept are Visa, Visa Electron, Mastercard, Switch, Maestro & Solo.

Payments for goods bought from Fitstream and Lithial ltd is via PayPal. By using PayPal the Customer is able to shop on-line safe in the knowledge that they are buying from Fitstream and Lithial ltd without sharing their financial information. Fitstream and Lithial ltd does not get to see any of the Customer's credit/debit card details or any personal financial information. The Customer accepts responsibility to ensure that the credit/debit card that the Customer uses for payment is the Customer's own, that the details that the Customer supplies to Fitstream and Lithial ltd are correct, and that they have sufficient funds to cover the cost of goods ordered.

Warranties

All products sold on the Fitstream and Lithial ltd website are covered by a full manufacturers' warranty. Warranties vary from manufacturer to manufacturer as well as by product. Customers should refer to the product details or speak to a member of the sales team for details of individual product warranties.
Fitstream and Lithial ltd warrants that if any product purchased from the Website is defective, it will replace the product or refund the purchase price. These warranties shall not apply to any defect, which arises from improper use, failure to follow the product instructions, or any repair or modification made without the consent of Fitstream and Lithial ltd.

The Customer must return the products, or make them available for collection by Fitstream and Lithial ltd, in accordance with Fitstream and Lithial ltd instructions. If returned they must be suitably packaged and, where relevant, returned in accordance with any particular instructions, which Fitstream and Lithial ltd may have notified to the Customer at the time of supply. The Customer must contact Fitstream and Lithial ltd to notify of their return and obtain authorisation.

Returned products must be accompanied by an advice note stating the original invoice number in respect of the products and the nature of any claimed defect, together with such further information as Fitstream and Lithial ltd may at the time of supply have stipulated. Where the Customer returns products otherwise than in accordance with these warranty provisions, Fitstream and Lithial ltd may refuse such products and return them to the Customer at the cost of the Customer. Any products, which are replaced by Fitstream and Lithial ltd, shall become the property of Fitstream and Lithial ltd. Title to replacement products shall pass to the Customer on delivery, and the period of the replacement product's warranty shall be calculated from the date of dispatch of the defective product.

The remedies set out above shall be Fitstream and Lithial ltd's sole liability and the Customer's sole remedy for any breach of warranty. Save as expressly provided in these terms and conditions of sale, all implied warranties, terms and conditions (whether statutory or otherwise) are excluded to the fullest extent permitted by law. Fitstream and Lithial ltd will not be liable to the Customer for any loss of any kind whatsoever which arises out of the breach of implied warranties, terms or conditions (statutory or otherwise) or breach of any other duty of any kind imposed on Fitstream and Lithial ltd by operation of law. The Customer acknowledges that it is responsible for ensuring that the products and services it orders are fit for the purposes for which it intends to use them.

Liability

Fitstream and Lithial ltd accepts no responsibility for any omissions or errors, and we reserve the right to change any or all information that relates to listing products or services. Fitstream and Lithial ltd will endeavour to update outdated or incorrect information relating to any products or services as quickly as possible. The goods sold on this website are intended for private and domestic consumer use only. Fitstream and Lithial ltd accepts no responsibility for any direct or indirect loss of data, income or damage to property resulting in the use of this website or any products purchased from it. Fitstream and Lithial ltd, to the fullest extent of the law, is providing this website and all of its contents on a purely 'as is' basis. It is an illegal act to purchase goods using a false name or a known invalid credit/debit card. Any individual, group, association or company that is found to willingly enter false details to their order information may be subject to prosecution under the full extent of the law. Fitstream and Lithial ltd reserves the right to update or amend these Terms and Conditions at any time they so wish. All purchases made will come under the Terms and Conditions that were applicable at the time the order is placed. It is the customer's responsibility to check the Terms and Conditions prior to the placement of each order to ensure that the Customer agrees to any amendments that have been made prior to placing an order.

Fitstream and Lithial ltd shall not be under any liability for damage, loss or expenses resulting from the failure to give advice or information or the giving of incorrect advice or information whether or not due to its negligence or that of its employees, agents or sub-contractors. Fitstream and Lithial ltd accepts no liability for injuries of any type. Neither Fitstream and Lithial ltd nor any of its directors, employees or other representatives shall be liable for intellectual property rights infringement, punitive damages, loss of revenue, loss of profits or expected future business, damage to reputation or goodwill, loss of any order or contract or any consequential or indirect loss or damage, all as may result from, or be connected with: (i) any express or implied terms of the contract between Fitstream and Lithial ltd and the Customer, or of any order accepted by Fitstream and Lithial ltd; (ii) any duty of any kind imposed on Fitstream and Lithial ltd by law arising out of or in relation to the contract or order; or (iii) any defect in the products or services.

Force Majeure

We will not be under any liability whatsoever in the event that we are prevented or delayed from supplying or making delivery of any Goods by any reason or cause beyond our control. If the force majeure event continues for a period longer than fourteen (14) days, Fitstream and Lithial ltd may cancel the affected order or cancel the whole or any part of these terms and conditions of sale, without any liability to the Customer.

Rights In The Website

The Customer acknowledges that Fitstream and Lithial ltd and its licensors own the intellectual property rights in Fitstream and Lithial ltd website, the website content, copy, photos and the stock numbers, and that their whole or partial reproduction without Fitstream and Lithial ltd's prior written consent is prohibited.

Use of Site

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Fitstream and Lithial ltd or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offence, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.


Participation Disclaimer

Fitstream and Lithial ltd does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Fitstream and Lithial ltd is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Fitstream and Lithial ltd reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Fitstream and Lithial ltd in its sole discretion.

Copyright

All intellectual property of Fitstream and Lithial ltd such as trademarks, trade names, patents, registered designs and any other automatic intellectual property rights derived from the aesthetics or functionality of the Website remain the property of Fitstream and Lithial ltd. By using the Website you agree to respect the intellectual property rights of Fitstream and Lithial ltd and will refrain from copying, downloading, transmitting, reproducing, printing, or exploiting for commercial purpose any material contained within the Website.

Disclaimers

The information is provided on the understanding that the website is not engaged in rendering advice and should not be wholly relied upon when making any related decision. The information contained with the Website is provided on an "as is" basis and makes no representations and warranties expressed or otherwise implied relating to the accuracy, fitness for purpose, compatibility or security of any components of the Website. We do not guarantee uninterrupted availability of the www.Fitstream.com Website and cannot provide any representation that using the Website will be error free.

Indemnification

You agree to indemnify, defend, and hold harmless Fitstream and Lithial ltd, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Third parties and links

The Website may contain hyperlinks to websites operated by other parties. We do not control such websites and we take no responsibility for, and will not incur any liability in respect of, their content. Our inclusion of hyperlinks to such websites does not imply any endorsement of views, statements or information contained in such websites.

Law and Jurisdiction

The Terms and Conditions supersede any previous Terms and Conditions.

The contract between Fitstream and Lithial ltd and the Customer shall be governed by and interpreted in accordance with English Law and the Customer submits to the jurisdiction of the High Court of Justice in England, but Fitstream and Lithial ltd may enforce the contract in any court of competent jurisdiction.