Body Reach Terms & Conditions
1 Definitions
1.1 When the following words with capital letters are used in these Terms, this is what they will mean: Event Outside Our Control: is defined in clause 5.2
Order: your order for the Services
Terms: the terms and conditions set out in this document, and:
We/our/us: Body Reach Ltd (registered in England and Wales with company number 12139163) whose registered office is at Unit 72a, Longridge Road, Ribbleton, Preston, England, PR2 5BB.
1.2 When we use the words “writing” or “written’ in these Terms, this will include e-mail unless we say otherwise.
2 Our contract with you
2.1 These are the terms and conditions on which we supply our services to you.
2.2 Please ensure that you read these Terms carefully, and check that the details of the Order and in these Terms are complete and accurate before you submit the Order. If you think that there is a mistake or require any changes, please contact us to discuss.
2.3 When you submit the Order to us this does not mean we have accepted your order for Services. Our acceptance of the Order will take place as described in clause 2.4. If we are unable to supply you with the Service, we will inform you of this and we will not process the Order.
2.4 These Terms will become binding on you and us when we issue you with a written acceptance of an Order (such as our invoice) or if earlier, at which point a contract will come into existence between you and us.
2.5 If any of these Terms conflict with any term of the Order, these Terms will take priority. These Terms may only be varied in writing by one of our directors.
2.6 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you purchase Services
3 Changes to Order or Terms
3.1 We may revise these Terms from time to time in the following circumstances:
3.1.1 changes in how we accept payment from you: or
3.1.2 changes in relevant laws and regulatory requirements.
3.2 You may make a change to the Order for Services within one working day of placing that Order by contacting us. You can choose to cancel the Order in accordance with clause 6.1.1 in these circumstances.
4 Price and Payment
4.1 The price of the Services will be set out in our price list at the time the contract between us comes into force under clause 2.4. Our prices may change at any time, but price changes will not affect an existing contract.
4.2 You must make payment for Services in advance by credit or debit card.
5 Events Outside Our Control
5.1 We will not be liable or responsible for any failure to perform, or delay in performance of any of our obligations under these Terms that is caused by an Event Outside Our Control.
5.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation Strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
5.3 If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms
5.3.1 we will contact you as soon as reasonably possible to notify you and,
5.3.2 our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Services to you we will arrange a new delivery date with you after the Event Outside Our Control is over.
5.4 You may cancel the contract if an Event Outside Our Control takes place and you no longer wish us to provide the Services. Please see your cancellation rights under clause 6. We may cancel the contract if the Event Outside Our Control continues for longer than 2 weeks in accordance with our cancellation rights in clause 7.
6 Your rights to cancel and applicable refund
6.1 You have the following rights to cancel an Order for Services, including where you choose to cancel because we are affected by an Event Outside Our Control
6.1.1 You may cancel any Order for Services within one working day of placing an Order by contacting us. We will confirm your cancellation in writing to you. For the purposes of this clause, a working day is a weekday which is not a public holiday in England.
6.1.2 If you cancel an Order under clause 6.1.1 and you have made any payment in advance for Services that have not been delivered to you, we will refund these amounts to you.
7 Our rights to cancel and applicable refund
7.1 We may have to cancel an Order before the Services are delivered, due to an Event Outside Our Control or the unavailability of materials We will contact you promptly if this happens.
7.2 If we have to cancel an Order under clause 7.1 and you have made any payment in advance for Services that have not been delivered to you, we will refund these amounts to you.
8 Information about us and how to contact us
8.1 We are a company registered in England and Wales. Our company registration number is 12139163 and our registered office is at Unit 72a Longridge Road, Ribbleton, Preston, England, PR2 5BB.
8.2 If you have any questions or if you have any complaints, please contact us. You can contact our customer service team by email at bodyreachfitness@live.co.uk.
8.3 If you wish to contact us in writing or if any clause in these Terms requires you to give us notice in writing you can send this to us by email, by hand, or by pre-paid post to Body Reach Ltd, Unit 72a Longridge Road, Ribbleton, Preston, England, PR2 5BB. We will confirm receipt of this by contacting you in writing. If we have to contact you or give you notice in writing we will do so by email, by hand, or by pre-paid post to the address you provide to us in the order
8.4 If you are a business, please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and in the case of an email, that such email was sent to the specified email address of the addressee. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
9 How we may use your personal Information
9.1 We will use the personal information you provide to us to:
9.1.1 provide the Services
9.1.2 process your payment for such Services, and
9.1.3 inform you about similar products or services that we provide, but you may stop receiving these at any time by contacting us.
9.2 Subject to clause 9.1, we will not give your personal data to any third party.
10 Other important terms
10.1 We may transfer our rights and obligations under these Terms to another organisation, and we will always notify you in writing if this happens, but this will not affect your rights or our obligations under these Terms.
10.2 You may only transfer your other rights or your obligations under these Terms to another person if we agree in writing.
10.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
10.4 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.
10.5 If we fail to insist that you perform any of your obligations under these Terms or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you, and will not mean that you do not have to comply with those obligations. If we do waive a default by you we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
10.6 These Terms are governed by English law. You and we both agree to submit to the non-exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland and if you are a resident of Scotland you may also bring proceedings in Scotland.
10.7 We will not file a copy of the contract between us.