Terms and Conditions for supply of Fit and Happy Ltd
www.fitandhappy.co.uk (“site”) is owned and operated by Fit and Happy Limited, a company registered in Scotland under company number SC588037 and with our registered office at 606 Old Dalkeith Road, Edinburgh, EH16 4SN. Henceforth referred to as ‘The Company’. The VAT number is 330980115.
Please read these terms and conditions carefully before placing an order. By purchasing services on this Site, you agree to be bound by these terms and conditions. If you are not willing to be bound by these terms and conditions, please do not purchase services from this Site.
2. Changes to terms
We reserve the right, at our discretion, to modify, add, or remove any or all of these terms and conditions at any time and each such change shall be effective immediately upon posting.
Please check these terms and conditions periodically for changes.
Your continued use of this Site and purchase of services on this Site following the posting of changes to these terms and conditions will mean you accept those changes. Please check the terms before every purchase.
If the revised terms apply to any existing provision of services, we will notify you of the changes.
4. Age restriction
You shall not purchase any services from our Site if you are below the age of 18 years old because under this age, you do not have legal capacity to enter into a contract.
5. Acceptance of order
5.1 These Terms will become binding on you and us and a Contract will come into effect between you and us only upon our written acceptance of the order issued to you by email (Email Confirmation) or when we contact you to tell you that we are able to provide the services or products to you. We are not bound by the order unless we accept it in writing.
5.2 If there is any conflict between these Terms and any term of the order, the order will take priority.
6. Entire Agreement
7.2 You shall not have any claim for innocent or negligent misrepresentation against us based on any statement in this Contract.
7.3 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law.
8. Provision of Services
8.1 We will supply the services to you from the date set out in the order for the period set out in the order.
8.2 We will make every effort to provide the services on time. However, there may be delays due to an Event Outside Our Control. See clause 14 below for our responsibilities when an Event Outside Our Control happens.
8.3 We will need certain information from you that is necessary for us to provide the services, for example, Name, Emergency contact details etc. We will contact you in writing about this. If you do not, after being asked by us, provide us with this information, or you provide us with incomplete or incorrect information, we may suspend the services by giving you written notice. We will not be liable for any delay or non-performance where you have not provided this information to us after we have asked. If we suspend the services under this clause 8.3, you do not have to pay for the services while they are suspended, but this does not affect your obligation to pay any invoices we have already sent you.
8.4 We may have to suspend the services if we have to deal with technical problems, government legislation / guidance or to make improvements agreed between you and us in writing to the services. We will contact you to let you know in advance where this occurs, unless the problem is urgent or an emergency. You do not have to pay for the services while they are suspended under this clause 8.4 but this does not affect your obligation to pay for any invoices we have already sent you.
8.5 If you do not pay us for the services when you are supposed to, we may suspend the services with immediate effect until you have paid us the outstanding amounts (except where you validly dispute an invoice). We will contact you to tell you this. This does not affect our right to charge you interest.
8.6 If we supply a product to you as part of the services (such as a report, a CD, a DVD, an e-book or any other form of digital content or any other type of product whatsoever), we will own the copyright, design right and all other intellectual property rights in such product and any drafts, drawings or illustrations we make in connection with the product for you.
8.7 Your monthly personal training subscription covers your coaching time and the use of the app. In addition you receive 15% discount on group classes, free Video On Demand (VOD) workouts and any other offers available at the time.
When your coach is on holiday your coach will try to rearrange sessions for another week or we'll try and provide an alternative coach. These sessions might be in person or online, depending on availability. If this is not possible, we'll refund you a prorated amount for your session minus 20% for the use of the app, VOD etc).
If you miss sessions and cancel within 48 hours your coach will try and rearrange your session for another week. This is not always possible due to availability. If your sessions can't be rearranged you'll lose them.
If you cancel within less than 48 hours you will lose your session.
No personal training refunds will be issued for any reason (other than the one mentioned above), including but not limited to relocation, illness, and unused sessions.
9. If there is a problem with the services
9.1 In the unlikely event that you are not happy with the services:
a) please contact us and tell us as soon as reasonably possible;
b) please give us a reasonable opportunity to repair or fix any defect; and
c) we will use every effort to solve the problem within  days.
9.2 As a consumer, you have legal rights in relation to services not carried out with reasonable skill and care. 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.
9.3 Before we begin to provide the services, you have the following rights to cancel our services:
a) Subject to clause 9.4 below, you may cancel any order for services at any time within 14 days of the date of our email confirmation of your order by emailing [email protected] with your order number, name and address. . We will confirm your cancellation in writing to you;
b) if you cancel an Order under clause 9.3 (a) and you have made any payment in advance for services that have not been provided to you, we will refund these amounts to you;
c) however, if you cancel an order for services and we have already started providing the services by that time, you will pay us any costs we have reasonably incurred in providing part of the services, and this charge will be deducted from any refund that is due to you or, if no refund is due to you, invoiced to you. We will tell you what these costs are when you contact us. However, where you have cancelled an order because of our failure to comply with these Terms (except where we have been affected by an Event Outside Our Control), you do not have to make any payment to us.
9.4 If we have completed providing the services, you have no right to cancel, even if this is within 14 days of our email confirmation of your order.
10.1 We may terminate the contract for services at any time with immediate effect by giving you written notice if:
a) you do not pay us when you are supposed to. This does not affect our right to charge you interest on late payment; or
b) you break the contract in any other material way and you do not correct or fix the situation within 14 days of us asking you to in writing.
10.2 You may terminate the contract for services at any time with immediate effect by giving us written notice if we break the contract in any material way and do not correct or fix the situation within 14 days of you asking us to in writing.
11. Price and payment
11.1 Prices of the services are specified on our Site and confirmed on the checkout page. We may change our prices any time, but that will not affect the prices for confirmed orders.
11.2 Our prices are inclusive of VAT. However, if there is a change in the rate of VAT between the date of the order and the date of delivery or performance, the rate of VAT that you pay will be adjusted, unless you have already paid full purchase price prior to the change in the rate of VAT takes effect.
11.3 Despite our best efforts, there may be incorrect prices on some of the services. If the correct price is less than a price shown on our site, the lower amount will be charged. If the correct price is higher than the price specified on our site, we will inform you of this and ask whether you wish to continue with the order with the actual higher price. If the error in price is obvious, unmistakeable and mispricing could have been recognised reasonably by you, we will not be liable to provide the services or products to you at the lower price that was incorrect.
11.4 Payment for services is to be made in advance by credit or debit card or Paypal except where agreed otherwise in writing between us.
11.5 If you do not make any payment due to us by the due date for payment, we may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of TSB 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. Limitation of liability
12.1 You agree to absolve the company of any and all liability or loss that you or any person or entity associated with you may suffer or injure as a result of use of the information contained on this website and / or the resources you may download from this website. You agree that the company shall not be liable to you for any type of damages, including direct, indirect, incidental, special, equitable or consequential loss or damages for use of this website. If you are unhappy with the service of the website or anything you find on it your sole and exclusive solution is to stop using the website.
12.2 Exceptions to Limitation of Liability
Our liability does not exclude or limit in any way:
a) fraud or fraudulent misrepresentation;
b) death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
12.3 To the maximum extent permitted by applicable law, in no event shall the Company and/or its suppliers be liable for any direct , special, incidental, indirect, punitive consequential damages or any damages whatsoever including, without limitation, damages for the loss of use, data or profits, arising out for in any way connected with the use or performance of this website.
13.1 You agree to indemnify, defend and hold harmless the Company, its officers, directors, employees, agents and third parties for any losses, costs, liabilities and expenses relating to or raising out of your use of or inability to use the website or services.
14 Circumstances beyond our control
14.1 If there is failure to perform, or delay in performance of any of our obligations under these Terms due to Circumstances Beyond Our Control, we will not be liable for such failure.
14.2 Circumstances Beyond Our Control include any act or event beyond our reasonable control, including without limitation lock-outs, strikes, or other industrial action by third parties, riots, civil commotion, terrorist attack or threat of terrorist attack, invasion, war (whether declared or not) or threat or preparation for war, explosion, fire, flood, storm, subsidence, epidemic, earthquake, or other natural disaster, or failure of private or public telecommunications networks.
14.3 If any Circumstances Beyond Our Control affects the performance of our obligations under these Terms:
14.4 You will be notified as soon as reasonably possible; and
14.5 the time for performance of our obligations will be extended and our obligations under these Terms will be suspended for the duration of the Circumstances Beyond Our Control.
14.6 If Circumstances Beyond Our Control occur and continue for more than 30 days and you do not wish us to provide the services, you may cancel the contract. We may cancel the contract if the Circumstances Beyond Our Control continues for more than 30 days.
15.1 Any notice to us should be in writing and sent to us by e-mail, by hand, or by pre-paid post to Fit and Happy Ltd at 606 Old Dalkeith Road, Edinburgh EH16 4SN OR [email protected]
15.2 Any notice to you will be in writing by e-mail, by hand, or by pre-paid post to the address you provided us with on the order.
16.1 We may assign our rights and obligations under these Terms to any another person. If there is any such assignment of rights and obligation, we will inform you in writing or by email.
16.2 You cannot transfer your rights and obligations under these Terms to any another person without our written approval.
16.3 This contract is only between you and us. No other third person shall have any rights to enforce any terms.
16.4 Each paragraph of these Terms are separate and distinct form other. If any court or relevant authority determines any clauses of these Terms is unlawful, then such determination will not affect other clauses and all other remaining clauses will remain in effect and full force.
16.5 Our failure to insist that you perform any of your obligations under these Terms, or to enforce our rights against you, or delay in doing so, does not mean that our rights against you have been waived and does not mean that you need not comply with those obligations. Any waiver by us of your default will be only in writing, and it does not mean that we will waive any of your future defaults.
16.6 Scottish law governs these Terms and the contract between you and us. Scottish courts will have jurisdiction on any dispute that may arise out of this Terms or contract between you and us.
17. Content Disclaimer
The information contained on the website is provided for information purposes only. The contents are not intended to amount to advice and you should not rely on any of the contents of any article on the website. Professional advice should be obtained before taking or refraining from taking any action as a result of the contents of this website. The Company disclaims all liability and responsibility arising from any reliance placed on any of the contents of this website.
18. Contact us
18.1 For any questions or queries you can contact us by e-mail us at hello @ fitandhappy.co.uk
FORM OF CANCELLATION
(Complete and return this form only if you wish to withdraw from the contract)
To [TRADER'S NAME, ADDRESS, TELEPHONE NUMBER AND, WHERE AVAILABLE, FAX NUMBER AND E-MAIL ADDRESS TO BE INSERTED BY THE TRADER]:
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract for the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate