Terms of Business (24.12.2015)
These terms as defined constitute the ‘Terms’ on which the Company (“we”, “us” or “our”) agrees to provide the Service detailed for the Customer (“you”, “your”) in the Purchase Order.
- These Terms apply to Purchase Orders we accept. Your purchase is an offer which we will acknowledge initially by email. It is our sole discretion whether to accept the contract and if we choose not to do so, we will cancel the payment process, and refund you in full issuing a credit note in respect of any VAT charged. Note that any invoice that is automatically generated in our eStore does not constitute acceptance of the contract. We will send you a separate email notifying you of acceptance.
- You will complete our Physical Activity Readiness Questionnaire and any Services we agree to provide in the Purchase Order will be subject to the answers being satisfactory to us, and to your completing any further requirements we may impose, such as proof from a certified GP.
- If there is a conflict between our Purchase Order and these Terms, then the Purchase Order shall prevail, and only amendments to these Terms which are specifically agreed by us in writing shall be effective.
- Words in capitals have the meanings defined at the end of these Terms and the singular includes the plural. Headings used in the clauses in these Terms are included for ease of reference only and do not define or limit the clauses to which they relate.
- For sales of goods and services via the telephone or internet, the Consumer Contracts Regulations 2013 and Consumer Rights Act 2015 apply.
2. Our Price
- Unless otherwise agreed, the Price is detailed in the Purchase Order.
- Purchase Orders are to be paid for in full in advance of the commencement of delivery of the Services.
- Payment for Purchase Orders are only accepted by online payment with a credit or debit card or by BACs transfer in pound sterling (£). We will add VAT at the prevailing rate to Purchase Orders.
- If we do not receive payment of any sums due, we reserve the right to cancel our Services.
3. Alterations to our Terms
- We may revise these Terms from time to time, and the Terms as revised will then apply to any new Purchase Orders you may request after the date on which the Terms are revised. Where we give you one month’s written notice the altered Terms shall also apply to any existing Purchase Orders unless you give us one month’s notice to cancel the remainder of the Services.
- You may request a change to the Purchase Order at any time before the start date for the Services. Where this entails a change in the Price we will notify you of the new Price in writing. You may choose to cancel the Purchase Order in accordance with clause 4 in these circumstances.
- If you wish to cancel a Purchase Order before it has been fulfilled, your right to do so is as outlined in clause 4.
- Cancellation and refunds
- As a consumer you have a right to cancel our Services within 14 days of the Effective Date unless:
- With your consent we have already begun to deliver the Services within the 14 day cancellation period; or
- Any sealed goods supplied as part of the Services are unsealed by you, in which case that element of the Services may no longer be cancelled. The cost for the return of any goods will be borne by you.
- No refund can be offered in the circumstances set out in clause 4(a) or if you terminate the Services after delivery has begun.
- Any scheduled sessions of a Service cancelled by you within 24 hours of the session will not be recoverable. If we have to cancel within 24 hours a complimentary session will be offered. No refund or rescheduling can be offered for cancellation within 24 hours whether the cancellation is by reason of injury, illness or otherwise.
- In the event that we have to cancel the Service for any reason, we will discuss the matter with you and try to agree a suitable alternative for your requirements. If you are unwilling to accept our suggested alternative, we will refund a percentage of the Price paid for the Purchase Order attributable to the remainder of the Services, less any expenses incurred by us.
- As a consumer you have a right to cancel our Services within 14 days of the Effective Date unless:
5. Your obligations
To enable us to perform our obligations under these Terms, you agree to provide information we reasonably require, including the completion of any forms, and in particular you agree:
- To perform any tasks that are part of the Services and respond to communications within a timely manner. Examples of tasks are acknowledging receipt of test kits to be used by you as part of the Services, providing samples for testing, reading reports provided prior to a meeting and keeping a food and exercise diary.
- To attend any scheduled meetings. Any failed attendance cannot be recovered and any refund or reorganisation will be at our sole discretion.
- To be willing to comply with the process, and make a genuine attempt to improve.
- To inform us of any current or historic injury or issue that may impair your ability to partake in physical activities.
- Where premises are under your control, to ensure that all premises visited by our staff and subcontractors are safe and accessible. We may remove our personnel from a location if it is reasonably deemed unsafe in our sole discretion, in which case you will be liable to us for any costs incurred as a result.
- That we may handle your personal data, such as DNA samples, medical and health data resulting from tests of the DNA samples, and share your data with relevant third parties.
- To take all other actions required of you to enable us to complete the Service.
- Not to:
- interfere with any samples; and
- resell any goods provided to you as part of the Service. Any extra costs incurred by us due to breach of this clause 5(8) will be charged to you
- We will not be liable for any delay or non-performance where you have not performed any of your obligations.
6. Our obligations
- We will consult with you on matters relating to the Purchase Order.
- Should one of the instructors assigned to perform the Services not be available to take the session or consultation, we will provide you with a suitable alternative. If this is not possible we will agree a suitable alternative Service for your requirements.
- We maintain adequate insurance cover with an insurance office of repute to cover our liability to you for any failure to fully or properly perform our duties under this agreement, and shall produce a copy of the insurance policy for your inspection, on request.
- The Services shall be deemed complete by the end of the period indicated in the Purchase Order if any. Where there is a time limit in which to achieve an outcome of the Service, then any extension of the Services is at our sole discretion. Time is not of the essence, unless we specifically agree to waive it.
- We warrant that we will use reasonable skill and care in performing Services, and that our performance shall be of a quality conforming to generally accepted industry standards and practices.
- Where any goods are provided as part of the Service and are:
- unusable, damaged or parts of the contents are missing; or
- lost in the post; or
- any samples sent for testing do not contain enough useful DNA for the lab to analyse , we will send you a replacement as part of the Service.
- We do not warrant that the Service will meet your expectations and satisfaction as the Service is designed to meet a broad spectrum of Customer needs based on top level assessments and consultations. We may not be able to take into account all dietary preferences. As such, the perceived outcomes may vary from person to person.
- Any confidential information we obtain from you (“Confidential Information”) shall be kept secret, safeguarded and not divulged. We agree to take all reasonable security precautions in the safekeeping of the Confidential Information. The Confidential Information is provided exclusively for the purpose of the Service and should not be used in any other way. Any confidentiality agreement signed between us will continue in force as if it was part of these Terms.
- Notwithstanding the above, we shall be entitled to divulge the Confidential Information to a subcontractor for the purpose of the Service, provided that such contractor has entered into an agreement with us which includes an appropriate confidentiality provision.
- This confidentiality clause shall survive termination or expiry of these Terms.
8. Limitation of liability
- We shall not be liable to you for any loss, whether direct or indirect arising from the Service, including loss of personal belongings during the performance of a Service. This shall apply even where such a loss was reasonably foreseeable.
- Our total liability to you, other than for death or personal injury resulting from our negligence, shall be limited to the Price of the Purchase Order.
We reserve the right to assign certain aspects of the Service to subcontractors to ensure appropriate skills, and on-time completion. We agree to accept full responsibility for the Service even if subcontractors have been involved.
We outsource some of our Services, such as DNA testing, to a third party to conduct tests on our behalf.
10. Termination and Notice
Either party may terminate these Terms forthwith by notice in writing to the other if:
- the other party commits a material breach of these Terms and, in the case of a breach capable of being remedied, fails to remedy it within 30 calendar days of being given written notice from the other party to do so; or
- the other party commits a material breach of these Terms which cannot be remedied under any circumstances.
Termination shall not affect accrued rights or provisions that are intended to survive these Terms.
11. Force Majeure
Neither of us shall be liable for any delay or failure to perform any of our obligations if the delay or failure results from any circumstance beyond our reasonable control (an event of “Force Majeure”). The one affected by Force Majeure, shall be entitled to a reasonable extension of its obligations after notifying the other of the nature and extent of such events.
12. Governing law and jurisdiction
The validity, construction and performance of the terms between us shall be governed by English law. Any dispute arising under or in connection with this agreement shall be subject to the non-exclusive jurisdiction of the English courts to which both you and we hereby submit.
A failure by either of us to enforce any one or more of these Terms shall not operate as a waiver of that term or of the right at any time subsequently to enforce any of these Terms.
14. Rights of third parties
Nothing in these Terms is intended to, nor shall it confer any rights on a third party, and the Contracts (Rights of Third Parties) Act 1999 shall not apply.
is the person named in our Purchase Order for whom a Service is to be undertaken, and is also referred to as ‘you’ in these Terms.
Bodyshot Performance Ltd. (company number 08969519) whose registered office is at 6 Hichisson Road, London, SE15 3AL.
any secret information that either party divulges to the other, and which is clearly indicated to be confidential, or by its very nature is clearly of a commercially sensitive nature. Such information may be in any form including spoken words, plans, documents, recommendations, reports, emails, letters, telephone communication and training documentation or other media incorporating information.
the date on which you accept the Purchase Order by signing it, by paying part of the Price, or by any other clear and unequivocal communication or conduct.
the sums to be paid by you for the Service as detailed in the Purchase Order, including any third party costs or extras requested.
the service which you buy as outlined in the Purchase Order detailing your choice from among the services we offer to Customers such as DNA consultations, diet management advice, and personal fitness plans.
the description of the Services to be supplied including any deliverables, such as DNA fitness test results to be provided as part of the Service.