Terms & Conditions
PureGym is no longer available to purchase through AXA ActivePlus effective 15th October 2021. PureGym specific Terms and Conditions remain available for purchases made prior to 15th October 2021.
ActivePlus is operated by us (Skuvue Limited) under contract with AXA ICAS Limited.
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.
- INFORMATION ABOUT US
- We operate this website. We are Skuvue Limited, a company registered in Scotland under company number SC480898 and with our registered office at 19 Law Place, Nerston Industrial Estate, East Kilbride, G74 4QL. Our VAT number is 172 1761 17. We refer to ourselves as "we", "us" or "our" in this document.
- 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 e-mailing us at firstname.lastname@example.org.
- SITE DISCLAIMER
- Although both AXA Health Services Limited, company number 03429917 ("AXA Health") and AXA ICAS Limited, company number 02548573 ("AXA ICAS"), each with their registered office at 20 Gracechurch Street, London, United Kingdom, EC3V 0BG have authorised their trade marks to be used in conjunction with Our Site, we (as the ActivePlus operating company) are solely responsible for all sales made through Our Site and neither AXA Health nor AXA ICAS have any obligations (and will not incur any liability, or owe any duty, to you) under these Terms or otherwise in relation to Our Site.
- OUR PRODUCTS
- 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:
- 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;
- 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;
- the packaging of Products may vary from that shown on Our Site; and
- all sizes, weights, dimensions and capacities indicated on Our Site are approximate only.
- As part of Our Site, we may provide a platform where other organisations ("Voucher Providers") can promote vouchers for products and/or services that they can provide to you.
- 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.
- 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.
- 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.
- We will not be responsible or liable for the actions or omissions of any Voucher Provider (including for any negligent act, omission or misrepresentation).
- USE OF OUR SITE
- Your use of Our Site is subject to our Website Acceptable Use Policy (https://www.axaactiveplus.co.uk/usage-policy) with which you must comply. Please take the time to read this, as it includes important terms which apply to you.
- HOW WE USE YOUR PERSONAL INFORMATION & COOKIES
- IF YOU ARE A BUSINESS CUSTOMER - This clause 7 only applies if you are a business.
- 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.
- You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation based on any statement in this Contract.
- THE ORDER PROCESS
- 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.
- 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.
- 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.
- 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 issue a replacement voucher to the value of the amount charged as soon as possible.
- OUR RIGHT TO VARY THESE TERMS
- 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.
- YOUR CONSUMER RIGHT OF RETURN AND REPLACEMENT VOUCHER - This clause 10 only applies if you are a
- 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 replacement voucher to the value of the Product. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.
- 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:
- Any single Product which is delivered in one instalment.
- 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.
- Either one Product which is delivered in instalments on separate days; or multiple
Products which are delivered on separate days.
- 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.
- Any Product to be delivered regularly over a set period.
- 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.
- 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
- 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.
- 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@example.com by post to ActivePlus, 19 Law Place, Nerston Industrial Estate, East Kilbride, G74 4QL. 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.
- If a Product has been delivered to you before you decide to cancel your Contract
- 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 firstname.lastname@example.org to arrange a return;
- 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.
- 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 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.
- Any single Product which is delivered in one instalment.
- 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.
- 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.
- You own the Products once we have received payment in full, including all applicable delivery charges.
- 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:
- we have refused to deliver the Products;
- delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
- you told us before we accepted your order that delivery within the delivery deadline was essential.
- 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.
- 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 issue a replacement voucher to the value of the amount charged as soon as possible.
- INTERNATIONAL DELIVERY
- Unfortunately, we do not deliver to addresses outside the UK.
- PRICE OF PRODUCTS AND DELIVERY CHARGES
- 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.
- 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.
- 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 (https://www.axaactiveplus.co.uk/delivery-and-returns).
- VOUCHER REDEMPTION THROUGH OUR SITE
- We have historically offered vouchers which may be used to purchase Products through Our Site.
- During the checkout process, you will be asked to enter your voucher details. Purchases of any Product on Our Site can now only be made using these vouchers.
- Vouchers cannot be exchanged for monetary currency and cannot be transferred between different customer accounts.
- OUR LIABILITY IF YOU ARE A BUSINESS - This clause 16 only applies if you are a business
- We only supply the Products for internal use by your business, and you agree not to use the Product for any resale purposes.
- Nothing in these Terms limits or excludes our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
- defective products under the Consumer Protection Act 1987.
- 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:
- any loss of profits, sales, business, or revenue;
- loss or corruption of data, information or software;
- loss of business opportunity;
- loss of anticipated savings;
- loss of goodwill; or
- any indirect or consequential loss.
- 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).
- 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.
- OUR LIABILITY IF YOU ARE A CONSUMER - This clause 17 only applies if you are a consumer.
- 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.
- 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 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.
- We do not in any way exclude or limit our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
- 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
- defective products under the Consumer Protection Act 1987.
- EVENTS OUTSIDE OUR CONTROL
- 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.
- If an Event Outside Our Control takes place that affects the performance of
our obligations under a Contract:
- we will contact you as soon as reasonably possible to notify you; and
- 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.
- 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 issue a replacement voucher to the value of the amount charged as soon as possible.
- OTHER IMPORTANT TERMS
- 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.
- You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
- This Contract is between you and us. No other person shall have any rights to enforce any of its terms.
- 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.
- 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.
- 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.
- 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).
- 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: