TERMS & CONDITIONS OF SALE
1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we supply our services to you.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are Luke Hayes Fitness, a sole trader established in England and Wales. Our address is Ashwood, Main Street, Wentworth, Ely, Cambridgeshire, CB6 3QG.
2.2 How to contact us. You can contact us by writing to us at the address above or by email at firstname.lastname@example.org.
2.3 How we may contact you. 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 provided to us in your order.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 How we will accept your order. Our acceptance of your order will take place when:
(a) In the case of a diet plan, we email you to accept your order and request certain information about you; and
(b) In the case of personal training sessions, once we have agreed dates and times for your sessions.
Once we have accepted your order, we a contract will be formed between us on the terms.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you. This may be because you do not provide us with the information that we ask for, or we are unable to agree session times and dates with you.
4. OUR SERVICES
4.1 Services we provide: we will provide the personal training services and diet plans that you request in your order, subject to these terms and conditions.
(a) If you order a diet plan, we will contact you to request certain information about you (including medical information). Once you have provided us with that information, we will supply you with the diet plan.
(b) If you order one or more personal training sessions, we will contact you to arrange times and dates for the sessions to take place. If we cannot arrange mutually convenient times and dates, your order will not be accepted and there will be no contract between us.
4.2Time of sessions. We will begin providing the services:
(a) in the case of diet plan, when we accept your order; and
(b) in the case of personal training sessions, at the date of the first session.
4.3 No guaranteed outcome. We do not make or provide any representation, warranty our guarantee that our services are suitable for your purposes or needs, or that you will achieve any given outcome, loss of weight, increase in health, or increase in physical performance. You must consider whether are services we offer are suitable for your purposes or needs before ordering our services.
4.4 We do not provide medical advice. Neither Luke Hayes, nor any of our other trainers or advisors, are qualified medical or nutritional professionals. We do not provide medical advice and the advice we provide has not been reviewed by a qualified medical or nutritional professional. You must ensure that you are capable of participating in any training or diet programs suggested by Luke Hayes Fitness.
5. YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the service you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the services, the times at which we can provide those services, or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
6. PROVIDING THE SERVICES
6.1 We are not responsible for delays outside our control. If we are unable to provide the services on the dates or times agreed because of an event outside our control then we will contact you as soon as possible to let you know and re-arrange a new time or date on which to provide the services. Provided we do this we will not be liable for delays caused by the event.
6.2 Changing session times and dates. If you need to change the time or date of a session booked with us, you must contact us at least [48 hours] prior to the start of the session to re-arrange. We will use our reasonable efforts to arrange a new session and time with you. If you contact us after that time, we will still try to arrange a new session, but we reserve the right to charge you for the cancelled session in full.
6.3 Weekly sessions. If you book 2 or more personal training sessions, you must agree to take part in at least one session per week. If you do not take part in one session per week, the personal training program may be ineffective.
6.4 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the services to you, for example, certain types of medical information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the services late or not at all if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
6.5 If you do not pay. If you do not pay us for the services when you are supposed to (see clause 10.2), we may suspend supply of the services until you have paid us the outstanding amounts. As well as suspending the services we can also charge you interest on your overdue payments (see clause 10.3).
7. YOUR RIGHTS TO END THE CONTRACT
7.1 Exercising your right to change your mind (Consumer Contracts Regulations 2013). If you have purchased our services online, by email or over the telephone, you have a legal right to change your mind within 14 days and receive a refund.
7.2 How long do I have to change my mind? You have 14 days after the day the contract between us is formed, as set out in clause 3.1. However, once we have completed the services you cannot change your mind, even if the 14 day period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
7.3 Ending the contract where there is no right to change your mind. If the 14 day period to change your mind has ended and you do not have any other rights to end the contract, you can still contact us before we have completed our services (including before we have completed all of your sessions) and tell us you want to end it. If you do this the contract will end immediately. You will still be required to pay for any sessions which you have ordered but which you have cancelled, and we will not provide a refund of any fees that you have paid in advance.
7.4 Ending the contract because of something we have done. If you are ending a contract for a reason set out below the contract will end immediately and we will refund you in full for any sessions which have not been provided. The reasons are:
(a) we have suspended the supply of our services for more than 3 months, including as a result of an event beyond our control; or
(b) you have a legal right to end the contract because of something we have done wrong.
8. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
8.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
(a) Phone or email. Email us at email@example.com
(b) By post. Print off the form included at the end of these terms and conditions and post it to us at the address on the form. Or simply write to us as that address, including the information required in the form.
8.2 How we will refund you. We will refund you the price you paid for the services by the method you used for payment. However, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
8.3 When your refund will be made. We will make any refunds due to you as soon as possible, and in any event within 14 days of your telling us you have changed your mind
9. OUR RIGHTS TO END THE CONTRACT
9.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due; or
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to continue providing the services to you; or
(c) you fail to attend 2 personal training sessions (whether or not consecutive) without giving us prior notice; or
(d) you miss personal training sessions in 2 consecutive weeks (whether or not you have given us notice).
9.2 No right of refund: if we cancel the contract in the circumstances set out in clause 9.1 (a) – (c) above, you shall not be entitled to a refund of any sessions you have paid for, and we reserve the right to charge you for all booked sessions after the date of cancellation. If we cancel the contract in the circumstances set out in clause 9.1(d), we will refund you for any booked sessions that you have not taken part in.
9.3 We may withdraw the services. We may write to you to let you know that we are going to stop providing the services. We will let you know at least 1 month in advance of our stopping the supply of the services and will refund any sums you have paid in advance for services which will not be provided.
10. PRICE AND PAYMENT
10.1 Where to find the price for the services. The price of the service (which includes VAT) will be the price indicated on the order pages when you placed your order. If the rate of VAT changes between the time that you order the service and pay for it, we may charge you the increase in VAT.
10.2 When you must pay and how you must pay. We accept payment by debit and credit card listed on our website. When you must pay depends on what service you are buying:
(a) if you are buying a diet plan, you must pay for the service at the time of ordering;
(b) if you are buying personal training sessions, you must pay for all sessions at least 5 days in advance of the date of the first session.
10.3 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
11. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
11.1 Unforeseeable loss. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
11.2 Illness or injury. We do not carry out a medical assessment of you before you use our services, and we are not qualified medical or nutritional professionals. Accordingly, we are not responsible for any illness or injury that you suffer and any associated costs, damages, losses or expenses that your incur as a direct or indirect result of your participating in any training or diet suggested by us, unless and to the extent that the illness or injury is as a result of our negligence or the negligence of our agents or employees.
11.3 Incorrect information. We are not responsible for any illness or injury that you suffer and any associated costs, damages, losses or expenses that your incur as a direct or indirect result of any information that you give to us being incorrect, misleading or incomplete.
11.4 Damage to your property. If we are providing services in your property, we will make good any damage to your property caused by us while doing so, but we are not responsible for the cost of repairing any pre-existing faults or damage.
11.5 Business losses. We only supply the services for personal use. We will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12. HOW WE MAY USE YOUR PERSONAL INFORMATION
12.1 How we will use your personal information. We will use the personal information you provide to us:
(a) to supply the services to you;
(b) to process your payment for the services; and
(c) if you agreed to this during the order process, to inform you about similar products and services that we provide, but you may stop receiving these at any time by contacting us.
12.2 We will only give your personal information to third parties where the law either requires or allows us to do so.
13. OTHER IMPORTANT TERMS
13.1 Transfer of this agreement. We may transfer our rights and obligations under these terms to another organisation by giving you notice in writing. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
13.2 No third party rights: This contract is between you and us. No other person shall have any rights to enforce any of its terms.
13.3 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
13.4 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
13.5 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.