Terms & Conditions

Private Individuals
This part of the Terms & Conditions of Trading relates to purchases made by private individuals ordering products & equipment for private/personal use.

B2B & Professional Markets
Click here for Terms & Conditions of Trading which relate to B2B and professional customers from market sectors including: Educational; Civil & Defence Services; Commercial Health, Fitness & Sports operators; Sports Associations; Health & Fitness Professionals; Hospitals & Physiotherapy Clinics.

HaB International Ltd.
Company registration number 2035765, registered in England and Wales. Registered address: HaB International Ltd., Northfield Rd, Southam, Warwickshire CV47 0RD. VAT Number 522 5622 69.

HaB Direct
HaB Direct was formerly known as Gaiam Direct and Gaiam Pro, incorporating Bodycare Products. Bodycare Products is a division of HaB International Limited, an approved ISO9001:2000 company.

Every care has been taken to ensure that all descriptions, measurements, colours and prices are correct. Measurements given are approximate. While every effort is made to ensure the accuracy of colour reproduction, colours may vary. Because some items are hand-made from natural materials there will be slight variations from item to item.

We try very hard to ensure that all items featured on this site are in stock or are available to order. However, due to the vast number of items featured, discontinued or out of stock items may not be removed immediately. If an item is unavailable, we reserve the right to substitute the item for a similar product at no extra cost to you. However, if you are unhappy with the substituted item, you can return the product at no extra cost to you. (Please see the 'Returns Policy' section).

In the event that a product is listed at an incorrect price due to human or technical error, HaB Direct shall have the right to refuse or cancel any orders placed for products or services listed at the incorrect price. HaB Direct shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and monies have been set-aside on your credit card. Please note that prices can increase, as well as, decrease.

Please note that only one promotional code or other discount offer can be used per order, and not in conjunction with any other offers or promotional codes (including products marked as 'special offer').

When you click on "Buy Now" at the checkout on the website, or telephone on the mail order line, you offer to buy the Goods at the prices indicated including any delivery charges that apply to your purchase. All orders will be subject to these conditions. If your order is acknowledged online, you will be notified of this soon after you submit your order by clicking "Make Payment". The acknowledgement is sent to you automatically and you are advised to be aware that errors may have occurred, of which we are not aware despite our best efforts (please see under 'Non-acceptance of an order' heading). Because of this, we retain the right to cancel the order.

Orders may be rejected as a result of one of the following:
· The product you ordered being unavailable from stock
· Our inability to obtain authorisation for your payment
· The identification of a pricing or product description error
· A system error – such as an error with the automatic confirmation
· You request delivery outside of UK mainland and do not accept the extra delivery or charges that may be applicable

Prices for products featured on this site are shown exclusive of VAT and inclusive of VAT (where applicable) at the prevailing rate and are correct at the time of entry onto the system. The total cost of your order is the price of the Products ordered plus delivery charges and any other charges as set out in the 'Delivery Costs' section. Some items may incur extra charges because of the item being particularly heavy, large or subject to an installation charge. Wherever possible we have made every effort to highlight these items. However, before your order is confirmed and accepted, we may contact you to inform you of any further charges.

HaB Direct accepts the following debit and credit cards: Visa, Mastercard, Delta and Switch/Maestro. Payment will be debited and cleared from your account. Please note that we do not accept American Express Cards.

All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us, we will not be liable for any delay or non-delivery.

We endeavour to dispatch all ‘stock item’ orders within 48 hours, however customers are requested to allow up to 28 days for delivery.

In some instances equipment by leading brands has to be ordered in directly from the manufacturer and therefore may have a longer delivery time. These are clearly marked with their delivery lead-time on the website. Non-stock items and products made to your own specification may also incur a longer delivery time.

Unless we have stated otherwise in writing, delivery dates are not guaranteed, although we shall make every reasonable effort to deliver goods by any quoted delivery date.

– Mainland UK
Standard Delivery – 48-hour delivery service after dispatch. However please allow up to 28 days for delivery.
· Orders totalling over £100 (excluding VAT & delivery costs) – Free delivery (unless an additional Delivery Charge applies).
· Orders totalling £100 or under (excluding VAT & delivery costs) - £4.50
Additional Delivery Charge – Some particularly large/heavy items (such as weights, bikes, treadmills, rowing machines, couches and vanity screens) incur an additional Delivery Charge and are clearly indicated thus on the website.
· In instances where geographical location determines the delivery cost, we have suggested that you Contact Us for delivery charges and to purchase.
· If you are wishing to purchase more than one item from a range that incurs an additional delivery charge, please Contact Us so that we may offer a special rate for your multiple purchases, as opposed to incurring a charge for each individual product ordered.
Orders placed online regardless of this request to call will not be accepted.

– International
We do operate an Export Division where individual shipping charges worldwide can be advised. If you live outside mainland UK, please Contact Us to arrange a quote for International delivery.

If items are missing from your order, please Contact Us as soon as possible, but within Three (3) days of receipt of goods anyway.

Under the Consumer Protection (Distance Selling) Regulations 2000 you have a statutory right to cancel your order and receive a full refund if, for any reason, you are not entirely satisfied with your purchase or if the goods are faulty or damaged.

1. Please Contact Us within Three (3) days of receiving the goods and ensure goods are returned in their original packaging and new unused condition, within 14 days of notifying our Sales Advisors.
2. Please wrap goods securely for transit using the original packaging and enclose a covering letter explaining your reason for returning the goods. Ensure the package is wrapped and labelled carefully, you are still liable for the payment of goods until we have received them back.
3. You are strongly advised to obtain at least a proof of posting. We cannot accept responsibility for parcels lost in transit.
4. Returns are sent at your own expense. We will only refund the cost of reasonable postage where the item returned is deemed to be faulty.

Once we have received and verified the returned goods we will initiate the refund, replacement or exchange. This does not affect your statutory rights. (Please note the reasonable cost of shipping/delivery will not be refunded unless the goods are faulty.)

Address for Returns is as follows:-
HaB International Ltd,
Returns Department
Northfield Road
Southam
Warwickshire
England
CV47 0RD

Please note that your right to return goods does NOT apply to products that fall into the following categories:

· Goods made to your specification (e.g. Treadmills, Treatment Couches & Stools made to your own selected specifications or colour option).
· CDs, DVDs or other recording media, software or videos if the seal is broken.
· Products where hygiene is important e.g. POWERbreathe if the seal is broken and packaging opened; Tempur mattress and pillow products.

We will only use the information that we collect about you lawfully (in accordance with the Data Protection Act 1998). We collect information about you for two reasons: firstly, to fully process your order and secondly, to provide you with the best possible service. The type of information we will collect include: name, address, telephone number, email and credit/debit card details. From time to time we may notify you of products or special offers of interest to you, which you can opt out of by ticking the appropriate box on the address page of the checkout.

You agree that you do not object to us contacting you for any of the above purposes whether by telephone, e-mail or in writing and you confirm that you do not and will not consider any of the above as being a breach of any of your rights under the Telecommunications (Data Protection and Privacy) Regulations 1999. Please Contact Us if you wish to opt out of any of our correspondence.

Your Personal Information may be disclosed to other reputable third parties who will help process your order, for example our transport company. HaB International Ltd requires all such third parties to treat your Personal Information as fully confidential and to fully comply with all applicable UK Data Protection and consumer legislation from time to time in place. We will not release your Personal Information to any company outside HaB International Ltd for mailing or marketing purposes.

You should be aware that if the police or any other regulatory or government authority investigating suspected illegal activities requests us to provide your Personal Information and /or User Information we are entitled do so.

Please note that once you have left the HaB Direct website, even via a link on our site, we cannot be held liable for any other websites policies.

We reserve the right to:
Modify or withdraw, temporarily or permanently, this Website (or any part thereof, including products) and Mail Order Catalogues with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to, or withdrawal of, the website or mail order. We may also update the Terms and Conditions from time to time, and your continued use of the website shall be deemed to be your acceptance of such changes. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the website.

All articles, reports, trademarks, graphics, text, content, sound and other elements making up the website and mail order catalogues are protected by copyrights, trademarks and/or other proprietary rights of their respective owners.

You acquire no rights or licences in or to the Website and/or the Content other than the limited right to use the Website in accordance with these terms and conditions and to download no more than one copy of the Website for your personal, non-commercial use.

All prices are subject to change. However, we will notify you before a contract is accepted and payment actually taken from your account.

Sales on this website are governed by English Law and you agree to submit any dispute to the exclusive jurisdiction of the English courts. All orders are subject to these terms and conditions, and no amendments will be accepted by us.

Please send any comments or complaints to our Head Office Address:
HaB International Ltd
Northfield Rd
Southam
Warwickshire
CV47 0RD

Terms & Conditions
These are the Terms & Conditions of Trading which relate to B2B and professional customers from market sectors including: Educational; Civil & Defence Services; Commercial Health, Fitness & Sports operators; Sports Associations; Health & Fitness Professionals; Hospitals & Physiotherapy Clinics.

HaB International Limited
Company registration number 2035765, registered in England and Wales. Registered address: HaB International Ltd., Northfield Rd, Southam, Warwickshire CV47 0RD. VAT Number 522 5622 69.

· 'Buyer' means the person who buys or agrees to buy the goods from the Seller.

· 'Seller' means HaB Direct (a division of HaB International Limited, company registration number 2035765, registered in England and Wales).

· 'Price' means the price for the Goods excluding carriage, packing, insurance and VAT.

· 'Capital Equipment' is the term for Goods identified as such by the Seller, being large Goods.

· 'Conditions' means the terms and conditions of sale set out in this document and, where applicable, any special terms and conditions agreed in writing by the Seller.

· 'Delivery Date' means the date upon which the goods are delivered under this agreement or are presented for delivery at the agreed address for delivery.

· 'Distance Contract' means any contract concerning goods concluded between the Seller and a Private Consumer under an organised distance sales scheme run by the Seller who, for the purposes of the contract, makes exclusive use of one or more means of distance communication up to and including the moment that any Order is accepted by the Seller.

2.1 These Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions including any terms or conditions which the Buyer may purport to apply under any purchase order confirmation of order or similar document.

2.2 All Orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Conditions and:

2.2.1 Orders by post are made in writing on a completed HaB Direct order form and received at HaB International Ltd., Northfield Road, Southam, Warwickshire, CV47 0RD, United Kingdom.

2.2.2 Orders by telephone are made to HaB International Limited on +44(0) 1926 816100 (9:00 am - 5:00 pm Monday - Friday) giving credit / debit card details for payment or account details as appropriate.

2.2.3 Orders by fax, which can be made on HaB International Limited 24 hour service (7 days a week), are made in writing on a completed HaB Direct order form or otherwise approved order form and faxed to and received by +44(0) 1926 816101.

2.2.4 Orders by e-mail are made to sales@habdirect.co.uk giving all details as required.

2.2.5 Orders via our website www.habdirect.co.uk relate exclusively to a UK Mainland Delivery Address. For all other orders see Paragraph 3.6. HaB Direct reserves the right to reject any order and in doing so we would reverse validated credit card transactions taken on the www.habdirect.co.uk website, within seven working days. HaB Direct will not be liable for any costs or further payments whatsoever.

2.2.6 Corporate or institutional bodies whose Orders do not include:
(i) the name and position of the person authorised to make orders for the Goods; and
(ii) a purchase order number (where applicable),
shall not be treated as an offer and so not accepted.

2.2.7 Orders chargeable to credit or debit cards must be made by the person authorised to use the said card and that information must be included on the Order.

2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer's acceptance of these Conditions.

2.4 Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by a Director of the Seller.

2.5 Where the Buyer deals as a Private Consumer, please Click Here to view the part of the Terms & Conditions of Trading that relates to purchases made by private individuals purchasing products & equipment for private/personal use.

2.6 These Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions including any terms or conditions which the Buyer may purport to apply under any purchase order confirmation of order or similar document.

2.7 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer's acceptance of these Conditions.

2.8 Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.

2.9 These Terms of Business apply from 01.01.2008 and supersede all prior issues of Gaiam Pro, incorporating Bodycare Products & Gaiam Pro Direct Terms of Business.

3.1 The prices chargeable (subject to the provisions of this clause) will be those prices shown in the current catalogue and prices exclude VAT.

3.3 VAT will be levied at the prevailing rate and shown separately on any invoice except where exempted by legislation.

3.4 All orders will be deemed to be an offer to purchase at the price which appertains on the date of despatch to the Buyer unless the Seller has provided a document containing a written price quotation.

3.5 Written price quotations will remain valid for 30 days unless variation to this time limit is incorporated into the written price quotation document.

3.6 In the case of orders from prospective overseas Buyers, all prices are prices ex-works Southam, England UK. Packing, FOB or CIF charges will be extra and will be levied at cost. VAT will be charged to private customers in all EEC Countries unless a VAT number is supplied. This applies to all direct exports by post or against delivery to an accredited freight forwarding agent.

The VAT number of all commercial or Corporate Bodies within the EEC is also required before shipping otherwise VAT will be charged at the prevailing rate in the UK.

3.7 Price categories apply for UK mainland delivery only. For orders totalling in excess of £100 (excluding VAT and carriage costs) delivery is included in the price unless the Goods ordered are Capital Equipment. If the Order is for Goods where aggregate prices total £100 or less (excluding VAT and carriage costs), then current standard delivery charges need to be added. Where 'Next Day' delivery is agreed by the Seller in variation of these Terms of Trading and confirmed in writing, an additional delivery charge will be levied.

3.8 The Buyer will indemnify the Seller for collection of Goods ordered in error by the Buyer or where the Buyer fails to take delivery of the Goods or has not given adequate delivery instructions.

3.9 Where the Buyer deals as a Private Consumer, the information required by the Consumer Protection (Distance Selling) Regulations 2000 Reg7 will be notified to the Buyer verbally and confirmed in writing at the Buyer's request in a medium appropriate to the prevailing circumstances or in the Seller's invoice.

4.1 Payment will be acceptable by the following methods:
4.1.1 Cash with order
4.1.2 Credit / debit card or Approved settlement of accounts strictly within 28 days.
4.1.3 Credit transfer to the account of HaB International Ltd. (by arrangement).

4.2 For Approved Credit Account Payment of the Price and VAT shall be due on the day next following the 28th day after which the Goods are ordered.

4.4 The Price is exclusive of VAT which shall be due at the rate ruling on the date of VAT invoice.

4.5 Interest on overdue payments shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 3% above Barclays Bank Plc's base rate from time to time in force and shall accrue at such a rate after as well as before any judgement.

5.1 The Goods shall be supplied in accordance with the description contained in the current catalogue but subject always to change of specifications, sizes, weights and colours without notice.

5.2 Any Order which is accepted will be subject to availability of the Goods ordered and therefore time will not be of the essence (subject to sub-clauses 3.8 ante and 10.3 post).

5.3 Any dates quoted for delivery, (the anticipated Delivery Date) of Goods are approximate only and the Seller shall not be liable for delay in delivery however such delay may be caused.

5.4 All terms, conditions and warranties, whether implied or made expressly, whether by the Seller or its servants or agents, or otherwise, excepting those express warranties set out in the current catalogue, which relate to the quality and/or fitness for purpose of the Goods or any of the Goods are excluded.

6.1 Goods are sold subject to the manufacturers warranty and are subject to the use and maintenance terms therein.

6.2 The Seller shall be under no liability in respect of any defect in the Goods following expiry of the manufacturer's warranty, or arising from fair wear and tear, wilful damage, negligence, if used in an inappropriate manner, in absence of recommended maintenance (where applicable) or in an inappropriate environment, or damaged in any way whilst in the Buyers possession.

6.3 Subject as expressly provided in these Terms of Business and except where the Goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law provided that nothing in this contract shall restrict or exclude liability for death or personal injury caused by the negligence of the Seller or affect the statutory rights of a buyer dealing as Private Consumer.

6.4 The Seller shall not be liable to the Buyer by reason of any representation (unless fraudulent) or any implied warranty, condition or other term or any duty at common law or under express terms of any agreement for any direct or indirect consequential loss or damage (whether for loss of profit or otherwise) costs, expenses or other claims for compensation whatsoever (whether caused by the negligence or default of the Seller, its employees, servants or agents) which arise out of or in connection with the supply of Goods or any ancillary service connected to the Goods or their use or resale by the Buyer and the entire liability of the Seller shall be limited to damages. Under no circumstances shall the liability of the Seller exceed the Price of the Goods.

6.5 Consumable items which may be supplied with the Goods are excluded from all warranties unless specifically stated.

7.2 The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.

7.3 The Seller shall not be liable for any loss or damage whatever due to failure by the Seller to deliver the Goods (or any of them) promptly or at all.

7.4 Notwithstanding that the Seller may have delayed or failed to deliver the Goods (or any of them) promptly and subject to sub-clause 5.3 ante, the Buyer shall be bound to accept delivery and to pay for the Goods in full provided that delivery shall be tendered at any time within 3 months of the anticipated Delivery Date.

7.5 The Buyer shall take delivery of the Goods tendered notwithstanding that the quantity so delivered shall be either greater or less than the quantity purchased provided that:
7.5:1 such discrepancy in quantity shall not exceed 10%
7.5:2 the Price shall be adjusted pro rata to the discrepancy

8.1 The Buyer shall be deemed to have accepted Goods within a reasonable time after delivery to the Buyer and in any event not later than 3 days after delivery.

8.2 If Goods are delivered in a damaged condition then this fact must be notified to HaB International Ltd as soon as possible and confirmed by Notice within 5 days.

8.3 After acceptance the Buyer shall not be entitled to reject Goods which are not in accordance with the contract.

8.4 Notification by Notice of damage or of shortage must be made to HaB International Ltd within 2 working days of Delivery Date.

8.5 Notification by Notice of non-delivery or of shortage in delivery must be made in writing to HaB International Ltd within 7 days from the Delivery Date.

8.6 Goods comprising computer software, or containing recordings of audio or video material will not be accepted for return unless faulty.

8.7 Where the Buyer deals as a Private Consumer, the above terms will be modified in as much as the Buyer must, by Notice, notify cancellation (where cancellation is allowed by virtue of this contract being a distance contract) of the contract before the expiry of the period of seven working days beginning with the day after the day on which the Consumer receives the Goods.

9.2 In spite of delivery having been made property in the Goods shall not pass from the Seller until:
9.2.1 the Buyer shall have paid the Price plus VAT in full; and
9.2.2 no other sums whatever shall be due from the Buyer to the Seller.

9.3 Until property in the Goods passes to the Buyer in accordance with clause 9.2 the Buyer shall hold the Goods and each of them on a fiduciary basis as bailee for the Seller. The Buyer shall store the Goods (at no cost to the Seller) separately from all other goods in its possession and marked in such a way that they are clearly identified as the Seller's property.

9.4 Notwithstanding that the Goods (or any of them) remain the property of the Seller the Buyer may sell or use the Goods in the ordinary course of the Buyer's business at full market value for the account of the Seller. Any such sale or dealing shall be a sale or use of the Seller's property by the Buyer on the Buyer's own behalf and the Buyer shall deal as principal when making such sales or dealings. Until property in the Goods passes from the Seller the entire proceeds of sale or otherwise of the Goods shall be held in trust for the Seller and shall not be mixed with other money or paid into any overdrawn bank account and shall be at all material times identified as the Seller's money.

9.5 The Seller shall be entitled to recover the Price, VAT and any delivery charge notwithstanding that property in any of the Goods has not passed from the Seller.

9.6 Until such time as property in the Goods passes from the Seller the Buyer shall upon request deliver up such of the Goods as have not ceased to be in existence or resold to the Seller. If the Buyer fails to do so the Seller may enter upon any premises owned occupied or controlled by the Buyer where the Goods are situated and repossess the Goods. On the making of such request the rights of the Buyer under clause 9.4 shall cease.

9.7 The Buyer shall not pledge or in any way charge by way of security for any indebtedness any of the Goods which are the property of the Seller. Without prejudice to the other rights of the Seller, if the Buyer does so all sums whatever owing by the Buyer to the Seller shall forthwith become due and payable.

9.8 The Buyer shall insure (with a reputable insurance company) and keep insured, the Goods to the full Price against 'all risks' to the reasonable satisfaction of the Seller and for the benefit of the Seller until the date that property in the Goods passes from the Seller, and shall whenever requested by the Seller produce a copy of the policy of insurance. Without prejudice to the other rights of the Seller, if the Buyer fails to do so all sums whatever owing by the Buyer to the Seller shall forthwith become due and payable.

10.1 Where the Buyer rejects any Goods then the Buyer shall have no further rights whatever in respect of the supply to the Buyer of such Goods or the failure by the Seller to supply Goods which conform to the contract of sale.

10.2 Where the Buyer accepts or has been deemed to have accepted any Goods then the Seller shall have no liability whatever to the Buyer in respect of those Goods.

10.3 The Seller shall not be liable to the Buyer for late delivery or short delivery of the Goods.

11.1 Any Notice or other communication required to be given under this contract or in connection with the matters contemplated by it shall be in writing in the English language and shall be addressed to the address of HaB International Ltd shown at sub-clause 2.2.1.

11.2 Such Notice(s):
11.2.1 may be personally delivered, in which case it shall be deemed to have been given upon delivery at the relevant address; or
11.2.2 if within the United Kingdom, sent by Recorded Delivery first class pre-paid post, in which case it shall be deemed to have been given two Business Days after the date of posting; or
11.2.3 if from or to any place outside the United Kingdom, sent by pre-paid Registered priority airmail, in which case it shall be deemed to have been given seven Business Days after the date of posting; or
11.2.4 sent by fax, in which case it shall be deemed to have been given when despatched, subject to confirmation of uninterrupted transmission by a transmission report provided that any Notice despatched by fax after 17.00 hours (at the place where such fax is to be received) on any day shall be deemed to have been received at 08.00 on the next weekday; or
11.2.5 sent by electronic mail to the business mail address of the Seller, with confirmation of receipt.

11.3 Any purported Notice not served in accordance with the above will not be a Notice for the purposes of the contract.