Terms & Conditions of Fitness Sales (Not Physical Store Products)
This page (together with the documents expressly referred to on it) provides you with information about us and the legal terms and conditions (“Terms”) on which we sell any of the products (“Products”) and/or provide any of the services (such as membership subscriptions) (“Services”) listed on our website (“our site”) to you, including any free trial.
These Terms will apply to any contract between us for the sale of Products or the provision of Services 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 before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products and/or Services from our site.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as referred to in clause 9. Every time you wish to make an order, please check these Terms to ensure you understand the terms of your order which are applicable at that time. These Terms, and any Contract between us, are only in the English language.
- INFORMATION ABOUT US
1.1 We operate the website www.bodygoalsbykady.com. We are Body Goals with Kady Limited, a company registered in England and Wales under company number 11003499 and with our registered office at 87 Walkern Road Stevenage SG1 3RB.
1.2 Contacting us:
1.2.1 To cancel a Contract in accordance with your legal right to do so as set out in clause 11, you just need to let us know that you have decided to cancel. You can e-mail us at firstname.lastname@example.org or by post to 101 Lockhurst Lane Coventry CV6 5SF, If u are emailing 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.
1.2.2 If you wish to contact us for any other reason, including because you have any complaints, you can contact us or by e-mailing us at email@example.com for general enquires we aim to respond to emails within a 48 hours. The customer service department is available from 9-5pm Monday to Friday please bear this in mind when waiting for a response.
1.2.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
- YOUR STATUS
In order to place an order on our site, you must be a consumer, not a business or a reseller and be at least 16 years of age.
- OUR PRODUCTS
3.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
3.2 The packaging of the Products may vary from that shown on images on our site.
3.3 All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.
3.4 As the consumer to our plans you acknowledge that it is your responsibility to complete these with your own guidance and take full responsibility for the effects on your body you may experience on your Body Goals journey. Adopting the correct form when exercise is important to prevent any injuries. It is your responsibility to seek the advice from a medical profession before you undertake our plans to ensure excretion of exercising is within your fitness ability. Should your experience an injury while exercising it is advised you seek medical attention before continuing. You are using the plans at your own risk and acknowledge you take responsibility for any injuries, health problems or deaths result of exercising when using Body Goals By Kady, we will not be held accountable for such events. 3.5 All of our plans have set periods and start from the point of purchase. After this period your access will be terminated to that plan unless you re purchase. Please note should you miss your days work out this does not extend the duration of the plan.
- OUR SERVICES
4.1 By placing an order for any Services, you accept that those Services commence on receipt by you of confirmation of your login details (or, if earlier, when you are given access to the restricted area of our site) or, if applicable, when you begin to download a product from our site. Due to the nature of our Services, your right of cancellation described in clause 11 below does not apply to the supply of Services if you accepted when you placed your order that we could start to deliver the Service(s) in question prior to the expiry of your right of cancellation. You will only have the right to cancel the contract for those Services after they have commenced where the Service is defective for some reason.
4.2 In accepting these terms and conditions, you express a specific request that you require us to start performing any service before the end of your 14 day cancellation period. In making such a request you will lose the right to cancel your contract with us if you have been given access to our videos during the cancellation period.
- USE OF OUR SITE
Your use of our site is governed by our Terms of Website Use. Please take the time to read these, as it includes important terms which apply to you.
- HOW WE USE YOUR PERSONAL INFORMATION
- CONSUMER RIGHTS
As a consumer, you have legal rights in relation to Products and/or Services that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights. You also have a right to cancel the Contract as set out below in clause 11.
- HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
8.1 To place an order on our site, simply click the Product or Service of your choice and go through the checkout procedure.
8.2 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.
8.3 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. Our acceptance of your order will take place as described in clause 8.4.
8.4 We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched or, if they are downloadable, are ready for download, or (if you are subscribing to our site) confirming your login details (“Email Confirmation”). The Contract between us will only be formed when we send you the Email Confirmation or, if applicable when you are given access to the restricted section of our site.
8.5 If we are unable to supply you with a Product or a Service, for example because that Product is not in stock or no longer available or because of an error in the price on our site as referred to in clause 14.5 or because we cannot meet your requested delivery date, 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.
- OUR RIGHT TO VARY THESE TERMS
9.1 We may revise these Terms from time to time.
9.2 Every time you order Products or Services from us, the Terms in force at that time will apply to the Contract between you and us.
9.3 Whenever we revise these Terms in accordance with this clause 9, we will keep you informed and give you notice of this by stating that these Terms have been amended and providing the date of such amendment at the top of this page.
9.4 If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products and/or Services or just the Products and/or Services you have yet to receive. If you opt to cancel, you will have to return (at your cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, excluding any delivery charges.
- YOUR CONSUMER RIGHT OF CANCELLATION
10.1 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 11.3. 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, or (unless you have confirmed that we can provide you with a Service prior to the expiry of your cancellation period as described in clause 4.1) that you do not want a Service, 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.
10.2 However, this cancellation right does not apply in the case of:
10.2.1 any pre-ordered, made-to-measure or custom-made products;
10.2.2 newspapers, periodicals or magazines;
10.2.3 perishable goods;
10.2.4 software, DVDs or CDs which have a security seal which you have opened or unsealed.
10.3 Your legal right to cancel a Contract starts from the date of the Email Confirmation, which is when the Contract between us is formed. If Products have already been delivered to you, you have a period of 14 (fourteen) days in which you may cancel, starting from the day after the day you receive the Products.
10.4 To cancel a Contract, you just need to let us know that you have decided to cancel. You can e-mail us at firstname.lastname@example.org. When e-mailing us please include details of your order to help us to identify it your order number and full name would be sufficient. Your cancellation is effective from the date you send us.
10.5 If you cancel your Contract we will:
10.5.1 refund you the price you paid for any Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop;
10.5.2 make any refunds due to you as soon as possible and in any event within 14 days after the day on which we receive all relevant Products back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us.
10.6 If you have returned the Products to us under this clause 11 because they are faulty or mis-described, we will refund the price of a defective Product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
10.7 We refund you on the credit card or debit card used by you to pay or via paypal should you select this option to complete your transaction.
10.8 If Product(s) were delivered to you before you decide to cancel your Contract:
10.8.1 you must return the Products to us as soon as reasonably practicable, 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;
10.8.2 unless the Products are faulty or not as described (in this case, see clause 11.6), you will be responsible for the cost of returning the Products to us;
10.8.3 you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.
10.9 As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 11 or these Terms.
11.1 Your order will be fulfilled by the estimated delivery date set out in the Email Confirmation, which will be within 30 days after the date of the Email Confirmation, unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.
11.2 Delivery will be completed when we deliver the Products to the address you gave us and the Products will be your responsibility from that time.
11.3 If no one is available at your address to take delivery, we will leave you a note that the Products have been returned to our premises, in which case, please contact us to rearrange delivery. Redelivering of your order will be at a cost to the consumer.
11.4 You own the Products once we have received payment in full,
- INTERNATIONAL DELIVERY
12.1 We do deliver to addresses outside the UK however please review the shipping costs and time frames for international delivery.
- PRICE OF PRODUCTS AND DELIVERY CHARGES
13.1 The prices of the Products will be as quoted on our site at the time you place your order. We use our best efforts to ensure that the prices of Products and Services are correct at the time when the relevant information was posted on our site. However, if we discover an error in the price of any Product(s) and/or Service(s) you have ordered, please see clause 14.5 for what happens in this event.
13.2 Prices for our Products and/or Services may change from time to time, but changes will not affect any order which we have confirmed with an Email Confirmation.
13.3 The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out procedure before you confirm your order. Please see [INSERT HYPERLINK] for our current delivery charges.
13.4 Our site contains a large number of Products and Services. It is always possible that, despite our best efforts, some of the Products or Services on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that where the Product’s correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Products to you. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products or Services to you at the incorrect (lower) price and if the Product or Service’s correct price is higher than the price stated on our site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product or Service at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
- HOW TO PAY
14.2 Payment for the Products, Services and all applicable delivery charges is in advance.
- MANUFACTURER GUARANTEES
15.1 Some of the Products we sell to you come with a manufacturer’s guarantee. For details of the applicable terms and conditions, please refer to the manufacturer’s guarantee provided with the Products.
15.2 As a consumer, a manufacturer’s guarantee is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
- OUR LIABILITY TO YOU AS A CONSUMER
16.1 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, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
16.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- EVENTS OUTSIDE OUR CONTROL
17.1 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 is defined below in clause 19.2.
17.2 An “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, failure of public or private telecommunications networks, impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, or malicious damage or access (including, but not limited to distributed denial of service attacks, hacking or any other unauthorised access) or failure of any utility service (including any hosting services provided to the Supplier by a third party from time to time).
17.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
17.3.1 we will contact you as soon as reasonably possible to notify you; and
17.3.2 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.
17.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. 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.
- COMMUNICATIONS BETWEEN US
19.1 When we refer, in these Terms, to “in writing”, this will include e-mail.
19.2 If you wish to contact us in writing for any reason, you can send this to us by e-mail to email@example.com (firstname.lastname@example.org for cancellations) We will confirm receipt of this by contacting you in writing, normally by e-mail. If you are writing to us to exercise your consumer right to cancel under clause 10, please see clause 10.4 for how to tell us this.
19.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
- OTHER IMPORTANT TERMS
20.1 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.
20.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
20.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
20.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
20.5 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. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
20.6 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 exclusive jurisdiction, however we reserve the right to bring proceedings against customers in their country of residence.
20.7 We will not file a copy of the Contract between us.