1.1 Who we are: We are Global Gymnastics Limited, a company incorporated and registered in England and Wales with company number 11636158
whose registered office is at the address below.
1.2 How to contact us: You can contact us by writing to us by email to [email protected] or by post to 75-77 Buccleuch Street, Barrow-In-Furness, Cumbria, England, LA14 1QQ.
1.3 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
(b) If you purchase goods or content from our Website, our Terms of Business (found at part B) will apply.
5.1 We may update and change our Website from time to time to reflect changes to our products, our users' needs and our business priorities.
6.1 Our Website is made available free of charge.
6.2 We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. We may suspend, withdraw or restrict the availability of all or any part of our Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
6.4 Our Website is directed to people residing in the United Kingdom. We do not represent that content available on or through our Website is appropriate for use or available in other locations. .
7.1 We are the owner or the licensee of all intellectual property rights in our Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
7.2 You must not use any part of the content on our Website for commercial purposes without obtaining a licence to do so from us or our licensors.
8.1 The content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website.
8.2 Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date.
9.1 Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
9.2 We have no control over the contents of those sites or resources.
10.1 This Website may include information and materials uploaded by other users of the Website, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our Website do not represent our views or values.
10.2 If you wish to complain about information and materials uploaded by other users please contact us.
11.1 Notwithstanding anything to the contrary in these terms, 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 and for fraud or fraudulent misrepresentation.
11.2 Please note that we only provide our Website for domestic and private use. You agree not to use our Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. To the maximum extent permissible at law, our aggregate liability to you in connection with these terms howsoever arising in contract, negligence or otherwise, shall be limited to £250.
11.3 If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation.
12.1 We do not guarantee that our Website will be secure or free from bugs or viruses.
12.2 You are responsible for configuring your information technology, computer programmes and platform to access our Website. You should use your own virus protection software.
12.3 You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
13.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
13.2 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
13.3 You must not establish a link to our Website in any website that is not owned by you.
13.4 Our Website must not be framed on any other Website, nor may you create a link to any part of our Website other than the home page.
13.5 We reserve the right to withdraw linking permission without notice.
- online and digital content (“Content”); and
- physical goods (“Goods”), together, the “Products”.
2.1 Our support team are on hand to answer any of your questions or queries and will respond within 24 hours of contact via either Facebook, online chat, phone or email.
2.2 In the event of staff training and office closure you will be notified 14 days in advance. Please note the production of Content will remain in place and not be affected.
3.1 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
3.3 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us.
4.1 We are the owner or the licensee of all intellectual property rights in our Content. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
4.2 You must not use any part of the Content for any purpose other than as agreed between us.
6.1 When the contract for a purchase of a Product comes in force: When you tick the box confirming that you accept these Terms of Business and then click the ’Order now’ shopping cart button and make payment, you are making an offer to purchase our Products that you have ordered. A legally binding contract is formed when we have sent you a confirmation email that your order has been accepted (a “Contract”).
6.2 We may be unable to accept an order for Goods: If we are unable to accept your order, we will inform you of this and will not charge you for the Product. This might be because the Product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the Product or because we are unable to meet a delivery deadline you have specified.
6.3 Our Products are primarily aimed to customers in the UK: We reserve the right to reject any orders of Content or Goods from Customers based outside the UK. If we do so, you will be given a full refund.
7.1 Goods may vary slightly from their pictures: The images of Goods on our Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the Goods.
7.2 Updates to Content: We may update or require you to update Content, provided that the Content shall always match the description of it that we provided to you before you bought it.
8.1 Delivery costs: The costs of delivery, where applicable, will be as displayed to you on our Website.
8.2 When we will provide the Goods: During the order process we will let you know when we will provide the Goods to you. We will deliver them to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order.
8.3 We are not responsible for delays outside our control: If our supply of the Goods 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.
8.4 If you are not at home when Goods delivered: If no one is available at your address to take delivery and the Products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the Products from a local depot.
8.5 If you do not re-arrange delivery of Goods: If, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the Contract and clause 11.2 will apply.
8.6 Your legal rights if we deliver Goods late: You have legal rights if we deliver any Goods late. If we miss the delivery deadline for any Goods then you may treat the Contract as at an end straight away if any of the following apply:
(a) we have refused to deliver the Goods;
(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
(c) you told us before we accepted your order that delivery within the delivery deadline was essential.
8.7 When you become responsible for the Goods: Goods will be your responsibility from the time we deliver the Goods to the address you gave us.
8.8 When you own Goods: You own Goods once we have received payment in full.
8.9 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. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the Contract (and clause 11.2 will apply) 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 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.
8.10 Reasons we may suspend the supply of Products to you: We may have to suspend the supply of a Product to:
(a) deal with technical problems or make minor technical changes; or
(b) update the Product to reflect changes in relevant laws and regulatory requirements; or
(c) make changes to the Product as requested by you or notified by us to you.
8.11 Your rights if we suspend the supply of Products: We will contact you in advance to tell you we will be suspending supply of the Product, unless the problem is urgent or an emergency. If we have to suspend the Product for longer than one week in any 90-day period we will adjust the price so that you do not pay for Products while they are suspended. You may contact us to end the Contract for a Product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than two weeks and we will refund any sums you have paid in advance for the Product in respect of the period after you end the Contract.
8.12 We may also suspend supply of the Products if you do not pay: If you do not pay us for the Products when you are supposed to and you still do not make payment within three days of us reminding you that payment is due, we may suspend supply of the Products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the Products. We will not suspend the Products where you dispute the unpaid invoice (see clause 13.7). We will not charge you for the Products during the period for which they are suspended. As well as suspending the Products we can also charge you interest on your overdue payments (see clause 13.5).
8.13 If the Product is a one-off purchase of Content: We will make the Content available for download by you as soon as we accept your order.
9.1 You can end your Contract with us as follows: (PLEASE NOTE: your right to end your Contract is subject to certain important exclusions, which are set out in clause 9.4 below. Please check these carefully.) 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) If what you have bought is faulty or mis-described you may have a legal right to end the Contract (or to get the Product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 12;
(b) If you want to end the Contract because of something we have done or have told you we are going to do, see clause 9.2;
(c) If you have just changed your mind about the Product, you may be able to get a refund as set out in clause 9.3 if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any Goods;
(d) In all other cases (if we are not at fault and there is no right to change your mind), see clause 9.6.
9.2 Ending the Contract because of something we have done or are going to do: If:
(a) we have told you about an upcoming change to the Product or these Terms and Conditions which you do not agree to;
(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 a week; or
(e) you have a legal right to end the Contract because of something we have done wrong, you may end the Contract and we will refund you in full for any Products which have not been provided and you may also be entitled to compensation.
9.3 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, although please see clause 9.4. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
9.4 IMPORTANT: When you do not have the right to change your mind. You do not have a right to change your mind in respect of:
(a) the Content, after you have started to download or stream the Content in question;
(b) any Goods that has been personalised;
(c) any dislike of the Content after expiry of the 14 day period mentioned at clause 9.3; and
(d) any failure by you to adhere to the Content after expiry of the 14 day period mentioned at clause 9.3.
9.5 How long do I have to change my mind? If you do have the right to change your mind, how long you have to do so depends on what you have ordered and how it is delivered:
(a) Have you bought Content? If so, you have 14 days after the day we email you to confirm we accept your order, or, if earlier, until you start downloading or streaming paid content.
(b) Have you bought Goods?, If so you have 14 days after the day you receive 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 receive the last delivery to change your mind about the Goods. (ii) Your Goods are for regular delivery over a set period. In this case you have until 14 days after the day you receive the first delivery of the Goods.
9.6 Ending the Contract where we are not at fault and there is no right to change your mind: Even if we are not at fault and you do not have a right to change your mind (see clause 9.1), you can still end the Contract before it is completed, but you may have to pay us compensation. A Contract is completed when the Product is delivered, downloaded or streamed; and paid for. A Contract is completed when we have finished providing the Products and you have paid for them. If you want to end a Contract before it is completed where we are not at fault and you have not changed your mind within the time period specified, just contact us to let us know. The Contract will end immediately and we will refund any sums paid by you for Products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the Contract
10.1 Tell us you want to end the Contract: If you are entitled to end the Contract with us (see clause 9) and wish to do so, please let us know by doing one of the following:
(a) Email. Email customer services as set out above.
(b) Online Chat, helpdesk, or Facebook.
(c) By post. Or simply write to us at the address above, including details of what you bought, when you ordered or received it and your name and address.
10.2 Returning Goods after ending the Contract: If you end the Contract for any reason after Goods 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 the address set out above or (if they are not suitable for posting) allow us to collect them from you. Please call customer services for a return label or to arrange collection. If you are exercising your right to change your mind you must send off the Goods within 14 days of telling us you wish to end the Contract.
10.3 When we will pay the costs of return: We will pay the costs of return:
(a) if the Goods are faulty or mis-described; or
(b) if you are ending the Contract because we have told you of an upcoming change to the Goods or these Terms and Conditions, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong. In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
10.4 What we charge for collection: If you are responsible for the costs of return and we are collecting the Goods from you, we will charge you the direct cost to us of collection.
10.5 How we will refund you: We will refund you the price you paid for the Goods including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
10.6 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.
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a Product within 3-5 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
10.7 When your refund will be made: We will make any refunds for Goods due to you as soon as possible. If you are exercising your right to change your mind then:
(a) if we have not offered to collect the Goods in question, your refund will be made within 14 days from the day on which we receive the Goods back from you or, if earlier, the day on which you provide us with evidence that you have sent the Goods back to us. For information about how to return Goods to us, see clause 9.
(b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
11.1 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 5 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;
(c) you do not, within a reasonable time, allow us to deliver the Products to you or collect them from us; or
(d) you do not, within a reasonable time, allow us access to your premises to supply the Products.
11.2 You must compensate us if you break the Contract: If we end the Contract in the situations set out in clause 11.1 we will refund any money you have paid in advance for Products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the Contract.
12.1 How to tell us about problems: If you have any questions or complaints about the Product, please contact us by telephoning our customer service team by writing to us [email protected] or by post to 75-77 Buccleuch Street, Barrow-In-Furness, Cumbria, England, LA14 1QQ.
12.2 Summary of your legal rights: We are under a legal duty to supply Products that are in conformity with the 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 Goods, 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:
If your Product is Content, the Consumer Rights Act 2015 says “digital content” must be as described, fit for purpose and of satisfactory quality:
12.3 Your obligation to return rejected Goods: If you wish to exercise your legal rights to reject Goods you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please contact us for a return label or to arrange collection.
13.1 Ways to pay: Goods must be paid for in advance. Content may be paid for by a one-off payment or direct debit option, payable in monthly instalments specified by us.
13.2 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 13.4 for what happens if we discover an error in the price of the Product you order. You agree and acknowledge that the price indicated on an order page, and which you subsequently pay for a Product, is not necessarily the best price for that Product (as it is possible that alternative, and better, prices may be available via promotional offers, coupon codes or for email subscribers or members).
13.3 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.
13.4 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.
13.5 We can charge interest if you pay late: If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Barclays Bank plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
13.6 We can charge an admin fee if you pay late: If a payment is cancelled, cannot be taken due to insufficient funds, or has been refused by, a reminder email will be sent to you requesting the outstanding payment. This can be paid from your original payment method, directly into our account or by credit card. If paying by credit card an additional charge of £2 will be incurred. If the funds have not been received within five days of the due date, a £15 admin fee will be charged. At this stage, Content production (if applicable) will go on hold until the balance is paid. If payment is not received within five working days, a further email will be sent advising you that if outstanding funds are not received we reserve the right to proceed with the relevant debt collection process by taking legal action in order to recover the costs. This email will represent the final demand for payment. Additional charges may apply in this instance.
13.7 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.
14.1 We are responsible to you for foreseeable loss and damage caused by us: If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this Contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
14.2 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; and for defective products under the Consumer Protection Act 1987.
14.3 If defective Content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
14.4 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.
16.1 We may transfer this agreement to someone else: We may transfer our rights and obligations under these terms to another organisation.
16.2 You need our consent to transfer your rights to someone else: You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
16.3 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.
16.4 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.
16.5 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.
16.6 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. The foregoing is subject to mandatory consumer protections which apply in your country, which may offer you additional rights.
16.7 Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to consider an alternative dispute resolution provider. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
Global Gymnastics Limited
Updated, 23 January 2019