Terms and Conditions

Off-premises consumer goods, services and digital content terms and conditions

Terms and Conditions for the supply of goods, services and digital content to consumers. These terms are for contracts concluded off-premises (doorstep contracts) as opposed to on-premises or distance contracts.

These terms reflect the changes introduced by the Consumer Rights Act 2015 which applies to consumer contracts formed on or after 1 October 2015 (or 1 October 2016 for contracts for certain rail passenger services, carriage by air and sea and inland waterway transport).

OUR TERMS

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 [or require any changes], please contact us to discuss.

2. INFORMATION ABOUT US AND HOW TO CONTACT US

2.1 We are Laura A Walker Limited a company registered in Scotland. Our company registration number is SC335700 and our registered office is at 13 Countesswells Road, Aberdeen, Scotland AB15 7XU

2.2 You can contact us by telephoning our customer service team at 07773021851 or by writing to us at laura@laurawalkerlimited.co.uk

2.3 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 Our acceptance of your order will take place when we email you to acknowledge your purchase at which point a contract will come into existence between you and us.

4. OUR PRODUCTS

4.1 Products may vary slightly from their pictures. The images of the products in our brochure [and on our website] are for illustrative purposes only. Although we have made every effort to ensure the colours are accurately represented there may be minor variations [and 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.

4.2 Product packaging may vary. The packaging of the product may vary from that shown in images in our brochure [and on our website].

5. YOUR RIGHTS TO MAKE CHANGES

If you wish to make a change to the product 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 product, the timing of supply 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. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see Clause 8, Your rights to end the contract).

6. OUR RIGHTS TO MAKE CHANGES

6.1 We may change the product:

  1. To reflect changes in relevant laws and regulatory requirements; and
  2. To implement minor technical adjustments and improvements, for example to address a security threat. These changes will [not affect your use of the product].

6.2 More significant changes to the products and these terms. In addition, as we informed you in the description of the product in our brochure and on our website, we may make the following changes to [these terms or] the product, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received

6.3 We may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it.

7. PROVIDING THE PRODUCTS

7.1 If the products are ongoing services and subscriptions, we will also tell you during the order process when and how you can end the contract. OR

  1. 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
  2. If the products are one-off services. We will begin the services on a mutually agree date.
  3. If the product is a one-off purchase of digital content. We will make the digital content available for download by you as soon as we accept your order.
  4. (d) If the products are ongoing services or a subscription to receive goods or digital content. We will supply the services, goods or digital content to you until either the services are completed or the subscription expires

7.2 If you do not allow us access to your property to perform the services as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and Clause 10.2 will apply.

7.3 We will not be liable for the contracts you make with the purchase of products bought on our website form third party operators.

8. YOUR RIGHTS TO END THE CONTRACT

8.1 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:

  1. If you want to end the contract because of something we have done or have told you we are going to do, see Clause 8.2;
  2. If you have just changed your mind about the product, see Clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions, 50% of your membership monthly fee.
  3. In all other cases where we are not at fault and there is no right to change your mind, see Clause 8.7.

8.2 If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:

  1. We have told you about an upcoming change to the product or these terms which you do not agree to (see Clause 6.2);
  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;
  3. There is a risk that supply of the products may be significantly delayed because of events outside our control;
  4. We have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than [one month]; or
  5. You have a legal right to end the contract because of something we have done wrong, including it being delivered late (see Clause 7.8)].

8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought off-premises 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.

8.4 Our goodwill guarantee. Please note, these terms reflect the goodwill guarantee offered by Laura A Walker Limited to its UK customers, which is more generous than your legal rights under the Consumer Contracts Regulations in the ways set out below. This goodwill guarantee does not affect your legal rights in relation to faulty or misdescribed products (see Clause 11.2):

Right under the Consumer Contracts Regulations 2013

How our goodwill guarantee is more generous than 14-day period to change your mind. 21-day period to change your mind. Providing services have not commenced within that time.

Consumer to pay costs of services used, up to this time. (Laura – this does not make sense)

We pay the costs of return.

8.5 You do not have a right to change your mind in respect of:

  1. 1-2-1 Personal Training Services, Digital Fitness Ways Fitness Products, Digital Exercise Videos;
  2. Digital products after you have started to download or stream these;
  3. Services, once these have been completed, even if the cancellation period is still running;
  4. Products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
  5. Sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them; and
  6. Any products which become mixed inseparably with other items after their delivery.

8.6 How long you have depends on what you have ordered and how it is delivered.

  1. Have you bought services for example, 1-2-1 Service? If so, you have 21 days after the day we email you to 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.
  2. Have you bought digital content for download or streaming for example, Fitness Ways? if so, you have 21 days after the day we email you to 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.
  3. Have you bought goods for example, exercise bands?, if so you have 21 days after the day you (or someone you nominate) receives the goods, unless:
  1. 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.
  2. Your goods are for regular delivery over a set period (for example Membership). In this case you have until 21 days after the day you (or someone you nominate) receives the first delivery of the goods.

8.7 Even if we are not at fault and you do not have a right to change your mind (see Clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods or digital content is completed when the product is delivered, downloaded or streamed and paid for. A contract for services is completed when we have finished providing the services and you have paid for them.

8.8 Even if we are not at fault and you do not have a right to change your mind (see Clause 8.1), you can still end the contract before it is completed. A contract for goods or digital content is completed when the product is delivered, downloaded or streamed and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end the contract before it is completed where we are not at fault and you have no right to change your mind, just contact us to let us know. The contract will not end until [1 calendar month] after the day on which you contact us. We will refund any advance payment you have made for products which will not be provided to you. For example, if you tell us you want to end the contract on 4 February we will continue to supply the product until 3 March. We will only charge you for supplying the product up to 3 March and will refund any sums you have paid in advance for the supply of the product after 3 March.

9. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)

9.1 To end the contract with us, please let us know by doing one of the

following:

  1. Phone or email. Call customer services on [07773021851] or email us at [laura@fitnessways.co.uk]. Please provide your name, home address, details of the order and, where available, your phone number and email address
  2. Online. Complete the Contact Page on our website
  3. By post. Or simply write to us at [13 Countesswells Road, Aberdeen, Scotland AB15 7XU], including details of what you bought, when you ordered or received it and your name and address.

9.2 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.

9.3 If you are exercising your right to change your mind:

  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.
  2. Where the product is a service, 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.

9.4 We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind:

  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. For information about how to return a product to us, see clause 9.8.
  2. In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.

10. OUR RIGHTS TO END THE CONTRACT

10.1 We may end the contract for a service at any time by writing to you if:

  1. You do not make any payment to us when it is due and you still do not make payment within [30] days of us reminding you that payment is due;
  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 service, for example, your email address.
  3. You do not, within a reasonable time, allow us to deliver the products to you or collect them from us;
  4. You do not, within a reasonable time, allow us access to your premises to supply the services; or
  5. Other circumstances.

10.2 If we end the contract in the situations set out in Clause 10.1 we will refund any money you have paid in advance for products we have not provided, but we may deduct or charge you £50 as compensation for the net costs we will incur as a result of your breaking the contract.

10.3 We will let you know at least one month 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.

11. IF THERE IS A PROBLEM WITH THE PRODUCT

11.1 If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at [07773021851] or write to us [13 Countesswells Road, Aberdeen, Scotland AB15 7XU]

11.2 We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.

Summary of your key legal rights

These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

  1. If your product is digital content, for example [a mobile phone app or a subscription to a music streaming service], the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:
  2. If your digital content is faulty, you’re entitled to a repair or a replacement.
  3. If the fault can’t be fixed within a reasonable time, or without causing you significant inconvenience, you can get some or all of your money back.
  4. If you can show the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation.

12. PRICE AND PAYMENT

12.1 The price of the product (which includes VAT) will be the price indicated on our website. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see Clause 12.3 for what happens if we discover an error in the price of the product you order.

12.2 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.

12.3 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 mis-pricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.

12.4 We accept payment with major credit and debit cards and PayPal. When you must pay depends on what product you are buying:

  1. For goods, you must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.
  2. For digital content, you must pay for the products before you download them.
  3. For services, you must make an advance payment of 100% of the price of the services, before we start providing them.

12.5 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 [30]% a year above the base lending rate of Cooperative Bank 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.

12.6 If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.

13. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

13.1 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but 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.

13.2 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 as summarised at Clause 11.2 OR including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and for defective products under the Consumer Protection Act 1987.

13.3 If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.

13.4 If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

13.5 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.

14. HOW WE MAY USE YOUR PERSONAL INFORMATION

14.1 We will use the personal information you provide to us:

  1. To supply the products to you;
  2. To process your payment for the products; and
  3. If you agreed to this during the order process, to give you information about similar products.

14.2 We will only give your personal information to third parties where the law either requires us to do so.

15. OTHER IMPORTANT TERMS

15.1 We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within [30 days] of us telling you about it and we will refund you any payments you have made in advance for services not provided.

15.2 You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We may not agree. However, you may transfer our guarantee at Clause 8.4 to a person who has acquired the product or, where the product is services, any item or property in respect of which we have provided the services. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item or property, for example by Purchasing our service as a gift.

15.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms[, except as explained in Clause 15.2 in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms].

15.4 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.

15.5 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.

15.6 These terms are governed by Scottish law and you can bring legal proceedings in respect of the products in the Scottish 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.

THE SCHEDULE MODEL CANCELLATION FORM

Complete and return this form only if you wish to withdraw from the contract

To: Laura A Walker Limited, 13 Countesswells Road, Aberdeen, Scotland AB15 7XU. laura@fitnessways.co.uk; 07773021851

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*], Ordered on [*]/received on [*], Name of consumer(s), Address of consumer(s), Signature of consumer(s), Date

[*] Delete as appropriate