Terms & Conditions for Sales of Digital Products

We are so delighted you have decided to place an order with us!  Please read the following important terms and conditions (which include our “no refund policy” and any exceptions), before you make your purchase.

 

This contract sets out:

• your legal rights and responsibilities;

• our legal rights and responsibilities; and

• certain key information required by law.

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In this contract:

• ‘We’, ‘us’ or ‘our’ means Your Time Pilates and Alice Johnstone; and

• ‘You’ or ‘your’ means the business or company using our site to buy products from us.

 

If you would like to talk to us about any aspect of this contract, please contact us by email at hello@yourtimepilates.com

 

Who are we?

We are Your Time Pilates, registered at 123 Lavenham Road, London, SW18 5ER UK

 

1. Introduction

1.1 If you buy products on our site you agree to be legally bound by this contract.

1.2 When buying any products you also agree to be legally bound by:

     1.2.1 our website terms and conditions and any documents referred to in them;

     1.2.2 specific terms which apply to certain products. If you want to see these specific terms, please visit the relevant webpage or sales page for the products.

The above documents form part of this contract as though set out in full here.

 

2. Your privacy and personal information

2.1 Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.

2.2 Our Privacy Policy is available here https://www.yourtimepilates.com/privacypolicy

 

3. Ordering products from us

3.1 Below, we set out how a legally binding contract between you and us is made.

3.2 You place an order on the site by clicking the buy now button and entering your details into the shopping cart.

      3.2.1 When you place your order at the end of the online checkout process by clicking the buy now button and entering your details into the shopping cart, we will acknowledge it by displaying an online receipt and sending you a receipt by email. This acknowledgement does not mean that your order has been accepted, see below.

      3.2.2 We may contact you to say that we do not accept your order. This is typically for the following reasons:
the products are unavailable; we cannot authorise your payment; or there has been a mistake on the pricing or description of the products.

      3.2.3 We will only accept your order when we email you to confirm this or deliver the products, whichever happens earlier. At this point a legally binding contract will be in place between you and us.

      3.2.4 If you have signed up on a payment plan, you must complete all payments to retain access to your product. Your payment method will be kept on file and retried in the event of payment failure. If the payment plan cannot be completed, we shall revoke access to your purchase and shall not refund any prior payments. We may, at our discretion, consider an altered payment plan if you email hello@yourtimepilates.com.

3.4 If you are under the age of 18 you may not buy any products from the site.

 

4. No right to cancel this contract (“no refund policy”)

4.1 In view of the nature of digital products, once you have placed your order you do not have any right to cancel this contract. We do not offer refunds, under any circumstances, for a “change of mind” or “change of circumstance” and ask you to carefully consider your purchase and contact us with any questions before purchasing.

4.2 Refunds are not offered unless explicitly stated in writing on a product sales page.

     4.2.1 Where refunds are explicitly offered on specific products, you can cancel your order within 7 days of placing it and request a refund provided you give notice to us in writing to hello@yourtimepilates.com, you have not begun downloading or streaming the content, and you complete the refund request form we send you by email.

     4.2.2 Refunds will not be offered for a “change of mind” or “change of circumstance” unless explicitly stated as a “no questions asked” refund policy on the sales page.

4.3 In view of our clear no-refund policy, we do not accept any type of chargeback threat or actual chargeback from your credit or debit card company.  In the event that a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, or after the end of the cooling off period if you are a consumer, we reserve the right to report the incident to credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as non-payment on your account which could have a negative impact on your credit rating.

 

5. Delivery

5.1 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, or as specified in the product description.

5.2 If the product is to be delivered in instalments we shall supply the digital content to you as specified in the product description.

5.3 If something happens which:

     5.3.1. is outside of our control; and

     5.3.2 affects the estimated date of delivery; we will let you have a revised estimated date for delivery of the products.

5.4 Unless you and we agree otherwise, if we cannot deliver your products within 30 days, we will:

     5.4.1. let you know;

     5.4.2 cancel your order; and

     5.4.3 give you a refund.

 

6. Payment

6.1 We accept payment by Stripe and Apple Pay.

6.2 We will do all that we reasonably can to ensure that all of the information you give us when paying for the products is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, for any failure by us to comply with this contract or our Privacy Policy or breach by us of our duties under applicable laws we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.

6.3 The price of the products includes VAT at the applicable rate.

 

7. Nature of the products

7.1 We warrant that the products will:

     7.1.1 be free from material defects in design;

     7.1.2 be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and

     7.1.3 be fit for any purpose we state.

7.2 When using our products, you acknowledge that deciding how to handle any issues which may arise, the choices you make in relation to them and whether or not you follow through on any recommended action is exclusively your responsibility. For this reason, although we fully expect great results to come from your use of our products, we cannot guarantee any specific outcomes or that all clients will achieve the same results. The results are entirely dependent on your commitment and the effort you put in to following the recommended course of action.

7.3 We may discontinue or modify products at any time without prior notice.

 

8. Faulty products

8.1 If the product we supply is faulty, please inform us within 7 days using the contact details at the start of this contract and we shall, at our option, repair or replace the product or refund the price of the product.

 

9. End of the contract

9.1 If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.

 

10. Limit on our responsibility to you

10.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for:

     10.1.1 losses that were not foreseeable to you and us when the contract was formed; or

     10.1.2 losses that were not caused by any breach on our part;

     10.1.3 loss of profits;

     10.1.4 loss of sales or business;

     10.1.5 loss of anticipated savings;

     10.1.6 loss of use or corruption of software, data or information;

     10.1.7 loss of or damage to goodwill; and

     10.1.8 any indirect or consequential loss.

10.2 Subject to Clause 10.1, our total liability to you shall not exceed the price of the product(s) we supply to you.

 

11. Entire Agreement

These terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, assurance or warranty given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

 

12. Disputes

12.1 We will try to resolve any disputes with you quickly and efficiently.

12. 2 If you are unhappy with:

     12.2.1 the products;

     12.2.2 our service to you; or

     12.2.3 any other matter;

please contact us as soon as possible.

12.2 If you and we cannot resolve a dispute using our internal complaint handling procedure, and either of us want to take court proceedings, the relevant courts of England and Wales will have exclusive jurisdiction in relation to this contract.

12.3 The laws of England and Wales will apply to this contract.