TERMS & CONDITIONS
1. Using the Platforms
1.1 We reserve the right to make changes to any part of these Terms and Conditions from time to time, so please ensure you check the latest version. We may modify or withdraw the Platforms (or any part of them) temporarily or permanently, and we shall not be liable to you or any third party for any modification to, or withdrawal of, the Platforms and you agree to use the Platforms on this basis. If you do not agree to any changes in these Terms and Conditions, we advise you to stop using the Platforms.
1.2 All text, graphics, photographs including all image rights, videos, logos, trademarks, artwork, sounds, music, user interfaces, visual interfaces and computer code (the "Content") belongs to ADunn Fitness (or is licensed to ADunn Fitness). This Content includes, but is not limited to, the design, structure, selection, coordination, expression, "look and feel" and arrangement of it. The Content is protected by copyright, trademark and other intellectual property rights and you are not permitted to copy, reproduce, republish, upload, post, publicly display, translate, transmit or distribute this Content in any way without ADunn Fitness' prior written permission.
1.3 You agree that any information you submit to the Platforms including Personal Information shall be true, accurate, current and complete. If you submit to the Platforms any communication, idea or materials which may attract copyright or other intellectual property rights you agree that this shall become ADunn Fitness' property. You agree that anything you submit shall not infringe any right of any third party, nor contain anything libelous or otherwise unlawful, abusive or obscene nor constitute an invasion of privacy. You agree that you are and shall be personally responsible for your use of the Platforms. If we determine that you are, or have been, engaged in activities which are unlawful, abusive, obscene or constitute an invasion of privacy, we may deny you access to the Platforms at any time.
1.4 You must not establish any link to the Platforms to suggest any form of association, approval or endorsement on our part where none exists or establish a link from any website that is not owned by you. The Platforms must not be framed on any other site, and you may not create a link to any part of the Platforms other than the home page.
1.5 While we endeavour to verify the accuracy of any information we place on the Platforms, we make no warranties (whether express or implied) in relation to its accuracy. The Platforms are provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Platforms, or any transaction that may be conducted on or through the Platforms, including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
1.6 We make no warranty that the Platforms will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, and reliability of the Platforms. We will not be responsible or liable to you for any loss of material uploaded or transmitted through the Platforms.
1.7 The Platforms may contain links to other websites or applications which are not operated by ADunn Fitness or information on services provided by third parties. When you activate or utilise any of these you will leave the Platforms and we have no control over, and will not accept any responsibility or liability in respect of the material on any website or application or any service provided by a third party which is not under our control.
2. ADunn Fitness Account, Personal Information and Security
2.2 You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
3. Our Products
3.1 We will take all reasonable care to ensure that all Product Descriptions are correct. We have made every effort to display as accurately as possible the appearances, colours, textures or finishes of our Products. What you see will depend on your computer equipment, screen or monitor and we are therefore unable to guarantee that a Product's images are an accurate representation of the actual merchandise. Please refer to our Returns Policy if you are unhappy with your Order.
3.2 Products are subject to availability and Products that are in your basket are not reserved and can be purchased by other Users. We will do our best to remove any Products which have sold out at the earliest opportunity. As there is a delay between the time when your Order is placed, and the time when the Order is accepted, the stock position relating to a particular Product may change. If a Product you have ordered becomes out of stock after we have accepted your Order, then ADunn Fitness shall not be liable to you for being unable to provide that Product. If such a situation arises, then we shall notify you as soon as possible and you will not be charged for the out of stock Product.
3.3 If, due to unforeseen circumstances or in the event of supply difficulties, it is necessary to substitute a perishable Product (please note that this includes perishable Products supplied as part of a hamper), the Product will be of equal or greater value than that which it replaces, albeit at no extra cost to you. If you receive the substitute Product and do not want to accept it, then we will reimburse you for the cost and return of that Product.
4.1 Any coupon, discount, offer or promotional discount (the “Promotion”) offered on the Platforms are non- transferable and valid only for use as part of a purchase made via the Platforms, unless otherwise stated and subject to availability. No cash alternative will be offered on any Promotion. The Promotion cannot be used in conjunction with any other coupon, offer or promotional discount and it must be redeemed by the date published (if applicable and provided).
4.2 Product prices shown on the Platforms are in British Pounds and are inclusive of UK value added tax ("VAT") (where applicable), at the appropriate rate. Where you have requested delivery of your Order to an EU country, the total cost of your Order will include VAT. Where you have requested delivery of your Order to a non-EU country, the total cost of your Order will not include UK VAT. However, it will include any taxes, duties, fees, levies or other charges levied by that non-EU country, which will be added to your Order at checkout and paid on your behalf by ADunn Fitness to the relevant local customs authorities. Product prices shown on the Platforms (irrespective of which currency you choose to pay in) may change from time to time. Please also be aware that the price of a Product may change at checkout if it is subject to any taxes, duties, fees, levies or delivery charges applied in the country you have selected for delivery of your Order.
4.3 Although we try to ensure all our Products' prices displayed in the Product Description are accurate, errors may sometimes occur. If we discover an error in the price of a Product we shall be under no obligation to accept or fulfil an order for this Product at the incorrect price and reserve the right to cancel such an order that has been accepted or is in transit.
5. Order Process
5.2 The technical steps to place your Order and create a contract of sale between you and ADunn Fitnessare, as follows:
a) You place an Order on the Platforms by pressing the 'Buy Now' button at the end of the checkout process. You will be guided through the process of placing an Order by a series of simple instructions on the Platforms.
b) We will send you an email confirming your Order. This email does not constitute an acceptance of your Order by us and a contract does not exist between us at this point.
c) As your Order is shipped by us we will send you a dispatch confirmation email. Upon sending either of these emails, your Order will be taken to have been accepted by us unless we have notified you that we do not accept your Order, or you have cancelled it.
d) Subject to us having accepted your Order, we will then arrange for delivery of it to you at your nominated address.
5.3 Your Order is subject to English law. Your Order will be complete and the Product(s) in your Order will then be owned by you (and so risk of loss or damage to such) will pass to you in the first instance of either of the below taking place:
a) the date on which we receive payment in full for the Product(s); or
b) the date and time of delivery to your nominated address, safe place, neighbour or as specified by you to our delivery partner. The Order is your responsibility from the time the delivery is made to the address or safe place you gave to us.
5.4 We shall be entitled to supply Products ordered as part of one Order separately. This may mean that Products are dispatched or available for collection separately. There may be certain circumstances where we can supply only part of an Order.
5.5 Non-acceptance of your Order (or parts of your Order) may be due to any one or more of the following non-exhaustive reasons:
a) A Product you ordered is out of stock;
b) We are unable to obtain authorisation for your payment;
c) We have identified an error with a Product Description, including but not limited to a pricing error;
d) You do not meet the eligibility requirements as specified in these Terms and Conditions;
e) There is a system or procurement failure;
f) You fail our customer validation checks;
g) There are restrictions (legal or otherwise) or practices in relation to a Product which prevent us from being able to sell or deliver it to you; or
h) We believe you are generating orders for commercial gain and not personal use;
5.6 We reserve the right to cancel your Order even after we have accepted it.
6. Payment and payment methods on the Platforms
6.1 You can currently pay in British Pounds.
6.2 Please refer to the Wix payment terms & conditions for what payments we accept.
6.3 By placing your Order and making an offer to buy a Product, you authorise us to transmit information (including any updated information) or to obtain information about you from third parties from time to time and this may include verification checks involving your debit or credit card number or credit reports in order to authenticate your identity; to validate your credit card; to obtain an initial credit card authorisation; to protect you and us from fraud; and to enable us to arrange delivery of your Order to your nominated delivery address.
7.1 You must provide us with complete and accurate delivery address information. For the avoidance of doubt, this includes not only the address that your Order is going to, but also the name of its recipient. We will not be liable for the delivery of your Order as a result of you supplying us with incomplete or inaccurate information. Parcels may require a signature on delivery.
7.2 Please note, if you choose to use any of our delivery partners’ personalised services (including but not limited to having your parcel delivered to a neighbour or left in a safe place), ADunn Fitness shall not be held liable for any items which are lost, damaged or delayed.
7.3 We will make every effort to deliver your Order within the estimated timescales. However delays are occasionally inevitable due to unforeseen factors or events outside our control, for example, material shortages, travel or transportation disruption, import delays or higher-than-anticipated demand. ADunn Fitness shall not be liable for any delay or failure by us to deliver your Order within the estimated timescales as a result of such delays. Please note that delivery of your Order may take longer during sale or other busy periods.
8.1 You have a statutory right to cancel your contract of sale at any time up to fourteen (14) days after the day on which you receive your Order. If you place an Order for several Products and they are delivered separately then your fourteen (14) days will start the day after you receive the last Product in your Order. You need to return the item within twenty eight (28) days after the day on which you receive or collect your Order in order to receive a refund. For information on refunds please see our Returns Policy.
8.2 If, for any reason, you wish to cancel your contract before your Order has been dispatched or you have been notified that it is available for collection, then you need to let us know. You can do so by contacting ADunn Fitness at email@example.com. Once we have received notification from you of your wish to cancel your contract, subject to any monies having been taken from you, provided the items have not been dispatched then we will refund you the original purchase price and delivery charge for your Order within fourteen (14) days. For more information, please see our Returns Policy.
8.3 It may not always be possible to stop an Order from being dispatched or made available for collection. If you decide to cancel your contract and your Order has already been dispatched or you have been notified that it is ready for collection, then you need to let us know and return the Product within twenty-eight (28) days from the day after you receive or collect your Order. We may withhold any reimbursement until we have received the Order back or you have supplied evidence of having sent the Order back, whatever is the earliest. You can notify us by using any one of the options identified in clause 12.2 above. Please refer to "How to return an Item" in our Returns Policy.
9. Returns Policy
9.1 Products must be returned in a saleable condition within twenty-eight (28) days of receiving your Order. Products must be unused and in their original packaging with garment tags and any other security devices or seals still attached and intact when they are returned to us. We reserve the right to consider the condition of any Product that you wish to return and make any deductions if there are indications that the Product, its tags, security devices or seals have been used, removed, broken or tampered with.
9.2 Please note that your right to cancel or return a Product does not apply to certain types of Products. The following list provides a non-exhaustive list of the types of Products you cannot cancel or return:
a) Products which are bespoke, have been made to measure, altered, or personalised to your specification;
b) Event tickets;
How to return an item
Process and payment for returning a UK Order by post
9.3 Please contact antoine@Adunnfitness.com to arrange collection for any items you wish to return
9.4 We will pay for the cost of returning any Order delivered to you within the EU. If you wish to return your Order.
10. Refunds policy
Refunds on UK and EU Orders
10.1 Within fourteen (14) days of us receiving your Order back by post, or receiving proof from you that your Order was returned to us, we will refund you the original purchase price and delivery charge for your Order, provided that you return the Product(s) to us in a saleable condition.
10.2 Refunds will be issued back to you as follows:
a) If you paid for your Order using a credit or debit card then your refund will be made back to the same card irrespective of whether you return your Order via post or in person to one of our stores. This will appear in your account within five (5) days depending on your card issuer.
10.3 Shipping costs will not be included in the refund amount.
Promotional discounts and refunds
10.4 If a promotional discount applied to your Order originally, then the same discount will be applied to each Product of your Order that you return. This means that you will only be refunded the amount that you originally paid for your Order or any given Product. Further, any free promotional gift given with an Order must also be returned if you are returning the Product(s) to which the gift related. When returning discounted products online, the usual 28-day returns policy applies to allow you time for returning the products. However, when returning discounted products in store, you have seven (7) days to return your product(s) from when you purchased it in store.
11. Repeated Returns
11.1 If the fulfilment of an Order (or any aspect of it) would be illegal or unlawful, including by reason of breach of export controls or sanctions rules, or you fail any of our fraud detection or anti money laundering detection checks, ADunn Fitness has the right to stop or cease to fulfil the Order (or part thereof) at any time and shall incur no liability in such circumstances.
11.2 You have certain rights as a customer, including legal rights relating to faulty or misdescribed goods. For further information about your legal rights in the United Kingdom, contact your local authority Trading Standards Department or Citizen's Advice Bureau. Nothing in these Terms and Conditions will affect these legal rights and, in particular, we will perform our obligations under these Terms and Conditions with reasonable care and skill.
11.3 Any Orders delivered to you will be of satisfactory quality. However, if we deliver an Order that is not of satisfactory quality, you can:
a) contact us for a full refund within thirty (30) days of delivery; or
b) contact us for a repair or replacement.
We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Terms and Conditions for any direct, special, incidental, indirect or consequential damages including loss of profit, loss of opportunity or any losses related to any business including (without limitation) lost data, earnings or business interruption that result from the use of, or the inability to use, the material or Content on the Platforms, a Product, or the conduct of other Users of the Platforms, even if ADunn Fitness has been advised of the possibility of such damages.
12.1 We may change these Terms and Conditions at any time. If any clause of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that clause shall be deemed severable from the Terms and Conditions and shall not affect the validity and enforceability of the remainder of these Terms and Conditions which shall continue to have full force and effect.
12.2 We will not be responsible to you for any delay or failure to comply with our obligations under these Terms and Conditions if the delay or failure arises from any cause beyond our reasonable control.
12.3 If you breach these Terms and Conditions and we take no action we will still be entitled to use our rights and remedies in other situations where you are in breach. No waiver by us shall be construed as a waiver of any preceding or succeeding breach of any clause of these Terms and Conditions.
12.4 The Platforms may only be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Platforms and any transactions conducted on or through the Platforms. These Terms and Conditions are governed by English law and are subject to the exclusive jurisdiction of the English courts.
12.5 The provisions of the Contracts (Rights of Third Parties) Act 1999 are expressly excluded from these Terms Conditions such that no third party may claim any rights under these Terms and Conditions.
12.6 Dispute Resolution (EU resident customers only). The European Online Dispute Resolution platform provides information about alternative dispute resolution which may be of interest if there is a dispute we cannot resolve between us.
12.7 Applicable laws require that some of the information or communications we send to you should be in writing. When using the Platforms, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on the Platforms. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
12.8 These Terms and Conditions govern our relationship with you and supersede any and all preceding and contemporaneous agreements between you and ADunn Fitness. You confirm that, in agreeing to accept the Terms and Conditions, you have not relied on any representation save insofar as the same has expressly been made a clause of these Terms and Conditions and you agree that you shall have no remedy in respect of any representation. Your statutory tights are not affected by these Terms and Conditions.
13. Our details
13.1 ADunn Fitness Limited is registered in England with company number 10572886.
14. ADunn Fitness Online Classes
14.1 ADunn Fitness reserves the right to make changes to its events, including information relating to content, timings and date.
14.2 If ADunn Fitness has to cancel a workshop or conference you will be offered a place on an equivalent event within a 30 day period. In the event that ADunn Fitness cancels an event and an alternative cannot be provided, we will refund in full any payment received in respect of that course.
15.1 Payment is due on receipt of an email confirmation being sent and full payment must be received before attendance.
15.2 You can pay online when you book in for your selected class.
16.1 Classes will be charged at the price shown on the website at the time of booking. We reserve the right to change class fees without notice.
17. Classes - Hosting
17.1 Our online classes are delivered on Google Hangouts. You will not be eligible for a refund if you book and later find out you are unable to attend because you are not able to access Google Hangouts.
18.1 Refunds for ADunn Fitness Classes will not be accepted. Please email firstname.lastname@example.org if you have further issues related to being unable to attend a class you have booked in for.
19.1 If you need to transfer your booking please email email@example.com. When you transfer to another course you will be charged the cancellation fee plus the cost of the new course. The original terms and conditions, including cancellation charges, still apply when you transfer to a new class.
19.2 Non-attendance which does not meet these transfer requirements is considered a cancellation and cancellation charges will be incurred. Please note non attendance due to illness, difficulty in transport arrangements, weather conditions and any other reason will incur the same cancellation charge.