1 THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods, services or digital content.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2 Information about us and how to contact us
2.1 About us . We, Ci and Nostro refer at all times to Vita Health & Fitness Limited (a company registered in England with number 03302562 whose registered office is at 80 Durrels House, 28-46 Warwick Gardens, London, W14 8QB) and Vita SRL (a company registered in Italy with registration number and tax code 02664610348, registered in the Business Register with REA number PR-257085 whose administrative office is registered at Piazza Castello 22, 20121 Milan.) And we operate through the Site internet (the "Website") vitaboutiquefitness.com, and its sub-domains en.vitaboutiquefitness.com and it.vitaboutiquefitness.com and any other member of the Life Group who runs a similar business at that time and, in each case , the successors and assigns of such entities ("We").
Gruppo Vita means each of Us, each parent company of each of Us, each subsidiary company of each of Us or of such parent company, which to any collective enterprise or other unincorporated association or firm that has direct or indirect control of anyone of Us or such parent company and, in each case, the successors and assigns of such entities (the terms used in this definition have the meaning indicated in the Companies Act 2006 of the United Kingdom for the corresponding expressions in the English language when referring to entities incorporated in the United Kingdom or in the applicable legislation of the country where the relevant entity is incorporated). Life means the business managed by Us (including the provision of Services and Products).
2.2 How to contact us. To contact us, please use the details on our website.
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 Your contract with us
3.1 Contracts and bookings. If you have a subscription with us, or have purchased a package of sessions, that subscription or package will be a single contract, and individual bookings for sessions will be a part of that contract. If you instead book a single session or set or block of sessions in its own right, or purchase physical goods from us, that will be a single contract in its own right.
3.2 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us. If you place an order with us in person, we may instead confirm this by issuing you a receipt or other form of confirmation. For any subscriptions or packages, you will also need to verify your account using a link in the confirmation email we send you. You will not be able to use your subscription or package until you have verified your account.
3.3 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 for your order.
3.4 Your order number. We may assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
4 General obligations
4.1 You must ensure that any information you provide us is accurate, up to date, and complete. If any of that information changes, you must let us know promptly. We will not be responsible if you are not able to receive products or notifications because you have failed to update your information.
5 Fitness and health
5.1 You must follow our staffs instructions at all times during a session.
5.2 Sessions involve intense physical exercise, which carries risk and by taking part in a session you acknowledge and accept that risk.
5.3 It is your sole responsibility to ensure that you are in suitable health to take part in a session. You should obtain appropriate medical advice, and consider your physical condition and wellbeing before each session.
5.4 You must be certain that a session is suitable for you taking into account all the relevant circumstances (including your other activities, diet and any medical conditions). If you have any concerns about your condition or are not sure that your condition is appropriate and risk free, you must not participate in any session without first getting medical advice and approval to exercise from your doctor. You accept that there is always a risk of injury from performing exercises and using specialist equipment.
5.5 In particular you confirm that you have no relevant health problems (including without limitation cardiac irregularities, pregnancy, low/high blood pressure, spinal, bone, joint, tendon or ligament injuries, spells of dizziness, asthma (or other breathing difficulty), diabetes, epilepsy or any allergy) which may affect your participation in any relevant session. If any of these apply you may be able to take part in one-to-one sessions, after being cleared by a qualified healthcare professional (if applicable).
5.6 Before you use a facility or participate in any session you must tell a member of staff if there are any circumstances affecting your health that may be made worse by using that facility or participating in that session. If you have any injury or condition you should discuss this with an instructor and follow their advice on appropriate modifications. Any advice from our instructors does not constitute medical advice, and you should consult a qualified healthcare professional prior to beginning a session if you have any concerns about your health or wellbeing.
5.7 You accept and agree that we have no responsibility to determine whether you have an underlying health condition or assess how suitable an activity is for you. You accept and agree that information we provide to you (whether on our website, over the telephone, by electronic communication, in documents or statements made by our staff) does not constitute medical advice in substitute for advice provided by a medical professional.
5.8 We may refuse to give you access to our facilities if we have significant concerns that using the facilities may have a significant increased risk of adverse effects on your health, but we have no duty to do this.
6 Use of a studio and its facilities
6.1 You must follow the rules which apply at a studio (they may vary from studio to studio), including any rules which are displayed at the studio. We may make reasonable changes to the studio's rules at any time, and we will give notice of any changes at the relevant studio. While visiting or using a studio you must pay particular attention to all notices and signs relating to health and safety. If you do not understand a notice or sign, you must ask a member of staff at the studio.
6.2 You must at all times comply with any reasonable directions which a member of staff issue to ensure the smooth operation of a studio for the convenience of all clients.
6.3 You may not train or coach other users of our services at our facilities or offer to do so.
6.4 You must use the main entrance to a studio when entering or leaving that studio. Fire exits are clearly marked throughout a studio and you must not interfere with them. In the of fire or the fire alarm going off, you must leave the premises through the nearest safe exit and make your way to the assembly point outside.
6.5 You are not allowed to smoke in any part of a studio.
6.6 You must not bring crockery, glass or food into any exercise room or changing room within a studio. Only water is permitted in any exercise room.
6.7 In the caf�-waiting area of a studio you can only eat food we provide, unless we allow you to eat your own food for medical reasons.
6.8 No pets, other than guide dogs, are allowed in a studio.
6.9 While you are at the studio you must behave appropriately, respectfully and politely at all times. We can prevent you from entering the studio, or ask you to leave, if we think, in our absolute discretion, that your behaviour or appearance is not appropriate.
6.10 You must dress appropriately for the place, time of day and the type of session. For fitness sessions we recommend that you wear stretch pants or shorts and a T-shirt or sports top.
6.11 You must wear socks throughout fitness sessions, but not outdoor footwear, which should be removed.
6.12 We recommend that you do not bring valuable items to the studio. For security reasons, you must store personal belongings in one of the lockers provided and keep it locked when you are not there. We may remove items which are left overnight in lockers. You can collect these belongings from the studio reception within one month of us removing them. After this time, we will not be responsible for any of the contents we have removed from lockers. We will keep any lost property for one month.
6.13 If you bring a visitor to a studio you are responsible for that visitor and ensuring that the visitor complies with this agreement as if the visitor were you. If the visitor does not comply with any of the terms of this agreement it will constitute a breach of this agreement by you.
7 Our products
7.1 Products may vary slightly from their pictures and descriptions. We have tried to ensure that all product information provided by us to you is accurate. Some information, including images and specification, are derived from third party sources such as manufacturers, and so we cannot confirm that this information is completely accurate.
7.2 The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. The packaging of our products may vary from that shown in images on our website.
8 Providing the products
8.1 Delivery costs. The costs of delivery will be as displayed to you on our website.
8.2 When we will provide the products. During the order process we will let you know when we will provide the products to you. If the products are ongoing services or subscriptions, we will also tell you during the order process when and how you can end the contract, you can also end the contract as set out in these terms and conditions below.
8.3 If the products are physical goods. If the products are goods we will deliver them to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order.
8.4 If the products are services or digital content. We will supply the services, or digital content to you until either the services are completed or the subscription expires (if applicable) or the contract is otherwise ended as set out in these terms.
8.5 If you haven't received your order within the specified time or there is a problem with your order, please contact us as soon as possible. Please have the Order ID and date the order was placed to hand.
8.6 Delivery charges are based on the weight of the order and the region to which it will be posted. If you select the wrong region for any reason and it results in lower postage than is needed to send the order, we will contact you to arrange payment of the outstanding postage before we send the order. If it results in higher postage, please contact us and we will refund the difference.
8.7 If we decide are not able to deliver a product, we will contact you and arrange a refund.
8.8 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. We will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
8.9 When you become responsible for the goods. Physical goods will be your responsibility from the time we deliver them to the address you gave us or you (or a carrier organised by you) collect it from us.
8.10 When you own goods. You own physical goods once we have received payment in full.
8.11 We may suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products.
9 Pricing and payments
9.1 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
9.2 Products and prices are subject to change. We reserve the right to change and remove any item from our catalogue at any time. Our prices may also be increased by us at any time. We shall give you not less than 14 days notice prior to any such increases. Information provided by us as to pricing and availability is subject to change by us without notice. If this affects a contract you already have with us, you may have rights to end the contract under clause 13.2 below.
9.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
10 Availability of studio, facilities and sessions
10.1 Opening hours. Opening and closing times, peak times and off-peak times will vary from studio to studio and for each facility within a studio. These details are displayed at the studio and on our website. From time to time we may make reasonable changes to these times, and will display any changes at the studio. For example, a particular facility may close a while before the studio closes to give clients enough time to shower and change.
10.2 Schedules. The schedule of sessions will vary from time to time. The schedule will be available on our web site, at the studio or by contacting us.
10.3 Withdrawing facilities. We may at any time withdraw one or more of our facilities to carry out cleaning, repairs, alterations or improvements, for staff training and meetings, for maintenance or security work, or for reasons that are beyond our control. Where practicable we will tell you about this using the studio's information board or otherwise. If we need to do this:
10.3.1 we will, where possible, give you at least one full calendar month's notice in writing using the contact details we have for you in our records. We will also place a notice on the studio's information board; and
10.3.2 we will cancel any bookings for sessions which fall within the affected period (i.e. converting them to unused sessions) and extend the expiry date of your unused sessions by the shorter of the length of the affected period and 90 days.
10.4 Arrive on time. For group exercise sessions (such as Pilates), out of consideration for the trainer and other clients, and also for your own safety (the warm-up is an important aspect of each session) please be aware that if you are more than 5 minutes late for a session, you may not be allowed to participate and no refund will be given.
10.5 Booking system.
10.5.1 Where we operate a booking system in relation to a session, bookings for that session are available on a first come, first served basis and we are not responsible if that session is not available because the maximum number of bookings allowed has been reached.
10.5.2 Where a facility or session at a studio does not have a booking system in place, that facility or session is available on a first come, first served basis and we are not responsible if that facility or session (and related equipment or service) is not available because another client is using it or the maximum number of people allowed has been reached.
11 Booking, cancellation and expiry of in-person and online fitness sessions
11.1 Details of each session, any specific conditions applying to it and its price and gift certificate prices are available either on our website, by contacting us or at one of our studios and will be as determined by us from time to time. Not all types of session, price option and gift certificate will be available at all times and at all studios. We may, at any time, choose to withdraw a type of session, price option or gift certificate.
11.2 Sessions with a particular trainer. Where a session has a higher price or rate on the basis that it will be with a particular trainer and you apply that session to a booking and that trainer is unable to take the session, we will cancel that booking and treat that session as unused, so that you can use it for another booking, and extend the expiry date of that session by up to 30 days.
11.3 All other sessions. Except where a session has a higher price or rate on the basis that it will be with a particular trainer, when you are purchasing a session you are paying for a session and not a particular trainer and accordingly a different trainer may take the session without any need for prior notice and this will not entitle you to cancel your booking.
11.4 Group deal rates. If the association or organisation you work for or are a member of has arranged a group deal, you can purchase sessions using the applicable group deal rate while you work with or are a member of that association or organisation. You must provide proof of your eligibility for the relevant group deal each time when requested by us. You must let us know as soon as you cease to be entitled to a group deal.
11.5 Where we indicate that specific conditions apply to a session booked by you, those specific conditions form part of our contract with you in relation to that session and they will take priority if they conflict with these terms and conditions.
11.6 Subscription options will be set out as part of your order or booking process. However, in any event, unless we agree otherwise in writing with you:
11.6.1 you cannot transfer unused sessions or session bookings to any other person or permit them to be used by any other person. Any assignment, transfer or disposal of unused sessions or session bookings is at our sole discretion and may only be permitted in exceptional circumstances;
11.6.2 you must pay for any session in advance;
11.6.3 each session must be used during its availability period (for example, this could be on a rolling monthly basis, or a fixed time period from the point of purchase); and
11.6.4 where we operate a booking system in relation to a session, you cannot attend any session unless you have booked an available place in it.
11.7 Using session credits. You can use credits in respect of a session to book sessions if:
11.7.1 there is an available place in that session;
11.7.2 the session is the relevant type which your credit relates to;
11.7.3 the session appears in our timetable and satisfies any conditions applicable to your purchase of that unused session; and
11.7.4 the session is scheduled to occur prior to the expiry date of that session credit.
11.9 Cancelling a booking. If you have a subscription and make a booking for a session, that session shall be treated as having been used (and not available to make any other booking) unless you cancel that booking at least 12 hours before the scheduled start of the session:
11.9.1 in person or over the phone (but not by voicemail), or
11.9.2 through our website booking system, and the system accepts and processes the cancellation and confirms this to you, or
11.9.3 we otherwise receive and read that cancellation at least 12 hours before the scheduled start of the session. If you try to cancel a booking by email, text or voicemail any in way than as set out above, your cancellation may not be received by and read by us, in which case it will be treated as used.
11.10 We may cancel any session without having to give advance notice (for example, if a trainer becomes ill and we cannot schedule a replacement). If we cancel a session, we will cancel your booking for that session and treat that session as unused, so that you can make another booking, and extend the expiry date of that session by up to 30 days.
12 Freezing subscriptions
12.1 You may freeze (suspend) the availability period of sessions you have purchased but not used (i.e. not applied to bookings) for between one month and 12 full calendar months for the following reasons only: pregnancy, serious illness, or serious injury.
12.2 Other cases are subject to our agreement. We have absolute discretion and may require you to pay a supplemental amount for the freeze.
12.3 If you want to freeze the availability period you must apply to us in writing or by filling in a form at your studio at least 21 days prior to the expiry date. We will tell you whether or not your application satisfies the requirements, and we may ask you to provide proof of the reason for your request.
12.4 Upon accepting your application we will notify you of the start and end date of the freeze period, cancel any bookings for sessions which fall within the freeze period (which will convert them to unused sessions) and extend the expiry date of your unused sessions by the length of the freeze period.
12.5 You will not be allowed to use any of our studios' facilities during a freeze period.
12.6 You may reduce the freeze period (e.g. if you recover from your injury or illness earlier than expected) by notifying us in writing. We will then adjust our records (including the expiry date of your unused sessions) accordingly.
12.7 Freezing the availability period of sessions is not the same as cancelling this agreement.
12.8 If studios are temporarily unavailable, or booking is otherwise not possible, for more than 7 days, meaning that you cannot book or attend sessions scheduled to occur during that period, we will automatically extend the availability period of your unused sessions by the number of days of that unavailability.
13 Your rights to end the contract
13.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
13.1.1 If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back);
13.1.2 If you want to end the contract because of something we have done or have told you we are going to do, see clause 13.2 below;
13.1.3 If you have just changed your mind about the product, see clause 13.3. You may be able to get a refund if you are within the 14 day period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
13.1.4 In all other cases (if we are not at fault and there is no right to change your mind), see clause 13.6.
13.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at 13.2.1 to 13.2.5 below the contract will end immediately and we will give you a full refund within a reasonable time for all sessions you have paid for but not used. Where you have purchased a package of sessions and used at least one of them, the refund will be the amount you paid less the price of the used sessions calculated at the rate per session applicable to that package. The reasons are:
13.2.1 we have told you about an upcoming change to a product or these terms affecting your contract which you do not agree to;
13.2.2 we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
13.2.3 supply of the products will be significantly delayed;
13.2.4 if your contract relates to services at one of our studios, the studio you normally use has been closed for than 31 days in a row, or on a permanent basis, or its opening hours, facilities or sessions have been significantly reduced for 31 days in a row, and we have not (in each case) provided equivalent sessions within 3km of the location of that studio; or
13.2.5 you have a legal right to end the contract because of something we have done wrong.
13.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For products bought online without you meeting us in relation to your purchase, you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
13.4 When you don't have the right to change your mind. You do not have a right to change your mind in respect of:
13.4.1 anything bought or booked at our premises or which you have met with us in relation to buying;
13.4.2 a single contract for a session or sessions at specific times (not part of a wider subscription or package);
13.4.3 digital products after you have started to download or stream these;
13.4.4 services, once these have been completed, even if the cancellation period is still running; and
13.4.5 products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them.
13.5 How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered.
13.5.1 Have you bought services or a subscription for services? If so, you have 14 days after the day we confirm we accept your order. However, once we have completed the services you cannot change your mind, even if the 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.
13.5.2 Have you bought digital content for download or streaming? if so, you have 14 days after the day we confirm we accept your order, or, if earlier, until you start downloading or streaming. If we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.
13.5.3 Have you bought physical goods?, if so you have 14 days after the day you (or someone you nominate) receives the goods, unless your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.
13.6 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind, you can still end the contract before it is completed, but you may have to pay us compensation. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately but we will not be required to make any refund, and if you have not made an advance payment, we may charge you for any sums which would have been payable had the contract completed.
13.7 How to tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
13.7.1 Phone or email. Call customer services on +44 20 75842822 or email us at email@example.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
13.7.2 Online. Through our booking system on our website.
13.7.3 By post. Print off the form at the end of these terms and conditions and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
13.8 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them, or post them back to us as directed by us. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
13.9 When we will pay the costs of return. We will pay the costs of return if the products are faulty or misdescribed or if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong. In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
13.10 How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
13.11 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
13.11.1 We may reduce your refund of the price (excluding delivery costs) 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. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
13.11.2 The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
13.11.3 Where the product is a service or subscription, 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. Where you have purchased a package of sessions or other subscription and used at least one session, the refund will be calculated by using the standard non-discounted price of the sessions you have used (in other words the deduction for the sessions you have used will not be calculated at the discounted price).
13.12 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
13.12.1 If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us.
13.12.2 In all other cases, your refund will be made within 14 days of your telling us you have changed your mind
13.13 No other refunds. Each amount you pay for a session or gift certificate or subscription is non-refundable except where stated in these terms or if specific conditions for that session or gift certificate or subscription say so. Other cases are subject us agreeing to a refund in our absolute discretion and we may make an administration charge which we will be entitled to deduct from the refund.
14 Our rights to end the contract
14.1 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:
14.1.1 you do not make any payment to us when it is due;
14.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products; or
14.1.3 you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
14.2 We may end the contract, or suspend it, and/or expel you from a studio or session if:
14.2.1 you allow another person (whether or not a client) to use your sessions without our prior consent;
14.2.2 your conduct is or may, in our reasonable opinion, seriously damage our reputation,
14.2.3 you or your guests use offensive or abusive language, or use violent or offensive behaviour, at any studios, or if your behaviour puts another client, guest or any member of staff at risk, or your expulsion is otherwise in the interests of our other clients; or
14.3 You must compensate us if you break the contract. If we end the contract other than under clause 14.4 we will not be required to make any refund, all your unused or booked sessions will be forfeited, and if you have not made an advance payment, we may charge you for any sums which would have been payable had the contract completed, we may also charge you for any other losses or damage you have caused. You will not be permitted to become a client again in future and may not be allowed to enter our premises.
14.4 We may end your contract without cause. We may end your contract by giving you written notice. If we do this, we will give you a full refund within a reasonable time for all sessions you have paid for but not used. Where you have purchased a package of sessions and used at least one of them, the refund will be the amount you paid less the price of the used sessions calculated at the rate per session applicable to that package.
14.5 We may withdraw products. We may write to you to let you know that we are going to stop providing a product. We will let you know in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
15 If there is a problem with the product
15.1 Tell us about problems. If you have any questions or complaints about the product, please contact us.
15.2 Summary of your legal rights. We are under a legal duty to supply products that comply with this contract. If your product is physical goods, for example an item of clothing, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. If your product is digital content, for example a subscription to online fitness classes, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality. If your product is services, for example a fitness class, the Consumer Rights Act 2015 says it must be carried out with reasonable care and skill. Nothing in these terms will affect your legal rights. For detailed information on your legal rights please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
15.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject physical goods you must either return them in person to where you bought them or post them back to us. We will pay the costs of postage or collection.
16 Our responsibility for loss or damage suffered by you
16.1 We are not responsible to you for unforeseeable loss and damage. If we fail to comply with these terms, we are not responsible for loss or damage you suffer that is not a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. 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.
16.2 Except to the extent we cannot legally exclude or limit our liability (including any liability for death or personal injury caused by our negligence) we are not liable for loss or damage to your property or for injury to you (whether in a studio or otherwise), including without limitation:
16.2.1 loss or damage to personal belongings at the studio unless the loss or damage is caused by our negligence,
16.2.2 loss caused by any particular online or offline facility, session, trainer and/or item of equipment not being available for whatever reason, and
16.2.3 loss caused by your own fault, the fault of someone else who is not directly connected with providing our services under these terms and conditions or events which we could not have known about beforehand even if we had taken all reasonable care,
16.3 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products; and for defective products under the Consumer Protection Act 1987.
16.4 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
16.5 These terms and conditions do not affect your legal rights as a consumer.
17 Other important terms
17.1 How we may use your personal information. We will only use your personal information as set out in our Privacy Notice.
17.2 Changes to these terms. We may change these terms and conditions from time to time, in which case we will notify you. We may choose to have those changes take effect when your contract next renews (in which case, by allowing your contract to renew, you accept those changes), or during your contract (in which case clause 13.2 will apply).
17.3 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
17.4 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
17.5 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
17.6 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.
17.7 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.
17.8 Which laws apply to this contract and where you may bring legal proceedings. This agreement and any non-contractual rights or obligations arising from it or in connection with it, are governed by and must be interpreted in accordance with the law in force in the applicable jurisdiction. They are subject to, and you express your consent to, the exclusive jurisdiction of the courts of the applicable jurisdiction.
The applicable jurisdiction is that of England except in relation to:
(a) to Services and Products provided or to be provided by a Firm located in another country, or
(b) to activities relating to, or to the Internet Site (s) relating to that Firm in which case the applicable jurisdiction is that of the place where the firm is located.
17.9 Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. While EU law applies to us, you may submit any dispute with us to the European Commission Online Dispute Resolution platform at http://ec.europa.eu/consumers/odr. We may update these terms in future to provide details of any other dispute resolution providers as required by law, and those changes will automatically take effect without the need for your agreement.
To Vita Health & Fitness Limited, 80 Durrels House, 28-46 Warwick Gardens, London, W14 8QB, firstname.lastname@example.org.
I/We (delete as appropriate) hereby give notice that I/We (delete as appropriate) wish to cancel my/our (delete as appropriate) contract with Vita Health & Fitness Limited.
Order Number or Contract Details: