Please read all these terms and conditions.
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with.
- These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you). We are Free Body Culture of Surrey Road, BH4 9HX with email address via Contact page; (the Supplier or us or we).
- These are the terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions. Before placing an order on the Website, you will be asked to agree to these Terms and Conditions by clicking on the button marked ‘I Accept’. If you do not click on the button, you will not be able to complete your Order. You can only purchase the Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.
- Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
- Contract means the legally-binding agreement between you and us for the supply of the Goods;
- Delivery Location means the Supplier’s premises or other location where the Goods are to be supplied, as set out in the Order;
- Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
- Goods means the goods advertised on the Website that we supply to you of the number and description as set out in the Order;
- Order means the Customer’s order for the Goods from the Supplier as submitted following the step by step process set out on the Website;
- Website means our website https://www.freebodyculture.co.uk/ on which the Goods are advertised.
- The description of the Goods is as set out in the Website, catalogues, brochures or other forms of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied.
- In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
- All Goods which appear on the Website are subject to availability.
- We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
Personal information and Registration
- When registering to use the Website you must set up a username and password. You remain responsible for all actions taken under the chosen username and password and undertake not to disclose your username and password to anyone else and keep them secret.
- We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.
Basis of Sale
- The description of the Goods in our website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
- The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
- A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.
- Any quotation is valid for a maximum period of days from its date unless we expressly withdraw it at an earlier time.
- No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
- We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, eg by giving you rights as a business.
Price and Payment
- The price of the Goods and any additional delivery or other charges is that set out on the Website at the date of the Order or such other price as we may agree in writing.
- Prices and charges include VAT at the rate applicable at the time of the Order.
- You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Goods. Withdrawal, returns and cancellation
- You can withdraw the Order by telling us before the Contract is made if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
- This is a distance contract(as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply, to a contract for the following goods (with no others) in the following circumstances:
- a newspaper, periodical or magazine except for subscription contracts for the supply of them;
- goods that are made to your specifications or are clearly personalised;
- goods which are liable to deteriorate or expire rapidly.
- Also, the Cancellation Rights for a Contract cease to be available in the following circumstances:
- in the case of any sales contract, if the goods become mixed inseparably (according to their nature) with other items after delivery.
Right to cancel
- Subject as stated in these Terms and Conditions, you can cancel this contract within 30 days. Giving a reason is encouraged and appreciated but not required.
- The cancellation period will expire after 30 days from the day on which you acquire, or a third party, other than the carrier indicated by you, acquires physical possession of the last of the Goods. In a contract for the supply of goods over time (ie subscriptions), the right to cancel will be 14 days after the first delivery.
- To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (eg a letter sent by post, fax or email). You can use the attached model cancellation form, but it is not obligatory. In any event, you must be able to show clear evidence of when the cancellation was made, so you may decide to use the model cancellation form.
- You can also electronically fill in and submit the model cancellation form or any other clear statement of the Customer’s decision to cancel the Contract on our website https://www.freebodyculture.co.uk/. If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation in a Durable Medium (eg by email) without delay.
- To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation in the cancellation period
- Except as set out below, if you cancel this Contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).Privacy
- Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
- For the purposes of these Terms and Conditions:
- ‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR.
- ‘GDPR’ means the General Data Protection Regulation (EU) 2016/679.
- ‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.
- We are a Data Controller of the Personal Data we Process in providing Goods to you.
- Where you supply Personal Data to us so we can provide Goods to you, and we Process that Personal Data in the course of providing the Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
- before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
- we will only Process Personal Data for the purposes identified;
- we will respect your rights in relation to your Personal Data; and
- we will implement technical and organisational measures to ensure your Personal Data is secure.
- For any enquiries or complaints regarding data privacy, you can e-mail:
- The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to the Customer’s business, trade, craft or profession which would not be suffered by a Consumer – because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.
Governing law, jurisdiction and complaints
- The Contract (including any non-contractual matters) is governed by the law of England and Wales.
- Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
- We try to avoid any dispute, so we deal with complaints in the following way: Via feedback form or via email for members.
Email address: via Contact page
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 date of agreeing to order.