Our terms and Conditions
1. These termsand conditions
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 Who we are. We are BODHI FIT LTD a company registered in England and Wales. Our company registration number is 12245509 and our registered office is at 20-22 Wenlock Road, London, England, N1 7GU.
2.2 How to contact us. You can contact us by telephoning our customer service team at 07850459527 or by writing to us at email@example.com.
2.3 How we may contact you. 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 How we will accept your order. Our acceptance of your order will take place once you have agreed to these terms and conditions and complete a purchase on our website or in the event the order is placed in person we will email you to confirm acceptance, at which point a contract will come into existence between you and us.
4. Your rights to make changes
If you wish to make a change to the product/service you have purchased/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. Please note online classes can be rescheduled during your contracted month.
5. Our rights to make changes
5.1 Minor changes to the products. We may change the product:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product.
5.2 More significant changes to the products and these terms. In addition, as we informed you in the description of the product on our website, we may make the following changes to these terms or the product or services, 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:
(a) Changes to timetable and classes offered
(b) Changes to version
(c) Changes to contracted price
(d) Changes to the per session price
6. When we will provide the products/services.
(a) If the products are one-off services. We will begin the services on the date set out in the order unless otherwise agreed. Once the order is accepted you will have 30 days to completion date of the services e.g. to redeem the service.
(b) 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 you end the contract as described in clause 7 or we end the contract by written notice to you as described in clause 9.
6.2 We are not responsible for delays outside our control. If our supply of the product/service is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
6.3 If you do not attend a service you have booked on to or redeem the full amount of classes accessible in a particular membership you will not receive a refund and classes will not roll over to the following month.
6.4 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, a completed health questionnaire or image release form. We will contact you in writing to ask for this information. If you do not give us this information prior to the time of service, we may either end the contract, not allow access to the product/service or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products/services late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
6.5 Reasons we may suspend the supply of products/service to you. We may have to suspend the supply of a product/service to:
(a) deal with technical problems or make minor technical changes;
(b) make changes to the timetable
(c) amend prices for services
(d) update the product to reflect changes in relevant laws and regulatory requirements;
(e) make any other changes to the product as notified by us
7. Your rights to end the contract
7.1 You can always end your contract with us. 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:
(a) You can end the contract at any time up to 5 days prior to the next scheduled payment. For example, if your payments are the 1st of every month you have up to the 25thof a 30 day calendar month to end your contract. In this case no further payments will be taken. If you end your contract within 5 days prior to the next payment you cancellation will take effect from the following month.
(b) 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 14 day cooling off period of the first month, but this may be subject to deductions. After this period please revert to (a).
7.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at 5.2 and/or 5.7 or below the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:
(a) we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 5.2);
(b) 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;
(c) there is a risk that supply of the products may be significantly delayed because of events outside our control;
(d) 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 30 days;
7.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online 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.
7.4 When you don't have the right to change your mind. You do not have a right to change your mind in respect of:
(a) Changing membership after 14 day cooling off period for that particular month however you can change or cancel you membership at any time for the following month, please see 6.1 (a).
(b) digital products after you have opened or started to download or stream these;
(c) Non-contractual services, once these payment has been taken
7.5 How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered.
(a) Have you bought services (Gold Membership or a class)? If so, you have 14 day cooling off period after the day purchased. However, once we have completed any service e.g. attended a class 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 remaining month from the date of you last payment from the time you tell us that you have changed your mind.
(b) Have you bought digital content for download or streaming (for example, a workout plan)? if so, you have 14 days after the day we email you to confirm we accept your order, or, if earlier, until you have received or start downloading or streaming. If we delivered the digital content to you immediately, you will not have a right to change your mind.
(c) Have you bought goods (for example, 30 day mindfulness challenge book)?, if so you have 14 days after the day you (or someone you nominate) receives the goods, unless:
(i) 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.
(ii) Your goods are for regular delivery over a set period (online coaching). In this case you have until 14 days after the first order, product or service to cancel however after this any cancellation will be effective from the following month which is based on date of next payment due.
8. How to end the contract with us (including if you have changed your mind)
8.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing the following:
(a) Email. Email us at firstname.lastname@example.org. Please provide your name, home address, details of the order and, where available, your phone number and email address.
8.2 Returning products. If you wish to return a physical product for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them, post them back to us at 14 Thames Avenue RG1 8DT. Please email us at email@example.com to confirm postage address, however we do not cover returns postage, therefore you will be responsible for covering and tracking postage.
8.3 How we will refund you. We will refund you the price you paid for the products excluding delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
8.4 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
(a) 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.
8.5 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
(a) If the products are goods, 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 8.2.
(b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind
9. Our rights to end the contract
9.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 10 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, email address, necessary forms;
(c) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us;
(d) you do not, within a reasonable time, allow us access to your premises to supply the services; or you continue to not attend bookings.
9.2 We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know at least 7 days 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.
10. If there is a problem with the product
10.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 07850459527 or write to us at firstname.lastname@example.org.
10.2 Summary of your legal rights. 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
This is a 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.
If your product is physical goods rather than a service, for example a book, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.
b) Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.
c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
See also clause 8.3.
a) If your product is digital content, for example a mobile phone app or workout plans] the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:
b) If your digital content is faulty, you're entitled to a repair or a replacement.
c) If the fault can't be fixed, or if it hasn't been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back.
d) 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
See also clause 7.3.
If your product is services, for example [classes, coaching or 121 coaching], the Consumer Rights Act 2015 says:
a) You can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it.
b) If you haven't agreed a price beforehand, what you're asked to pay must be reasonable.
c) If you haven't agreed a time beforehand, it must be carried out within a reasonable time.
See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).
10.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us. We will not pay the costs of postage. Please ensure you have contacted us on email@example.com to inform us you wish to return a product.
11. Price and payment
11.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 11.3 for what happens if we discover an error in the price of the product you order.
11.2 We will pass on changes in the rate of VAT. 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.
11.3 What happens if we got the price wrong. 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 mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
11.4 When you must pay and how you must pay. We accept payment with via any credit or debit cards compatible with STRIPE or PAYPAL When you must pay depends on what product you are buying:
(a) For goods, you must pay for the products before we dispatch them.
(b) For digital content, you must pay for the products before you will be able to receive them.
(c) For services, You will be charged immediately when you place an order for a service online.
11.5 What to do if you think an invoice is wrong. 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.
12. Our responsibility for loss or damage suffered by you
12.1 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 10.2).
12.2 We are not liable for business losses. 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.
13. How we may use your personal information
14. Other important terms
14.1 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
14.2 If a court finds part of this contract illegal, the rest will continue in force. 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.
14.3 Even if we delay in enforcing this contract, we can still enforce it later. 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.
14.4 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English 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.