BUYERS TERMS AND CONDITIONS

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. 

Application

1.  These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you).  We are

Robert Stubbs trading as RobStubbsPT, registered address 16, Borders Lane, Loughton, Essex, IG10 3QU,  with  email address rob@robstubbspt.com; (the Supplier or us or we).

2. These are the terms on which we sell all Goods to you. By ordering any of the Goods or services, you agree to be bound by these Terms and Conditions. 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.

Interpretation

3. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;

4. Contract means the legally-binding agreement between you and us for the supply of the Goods;

5. Delivery Location means the Supplier’s premises or other location where the Goods are to be supplied, as set out in the Order;

6. 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;

7. Goods means the goods advertised on the Website that we supply to you of the number and description as set out in the Order;

8. 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;

9. Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;

10. Website means our website robstubbspt.com on which the Goods are advertised.

Goods

11. The description of the Goods is as set out in the Website, catalogues, brochures or other form of advertisement. 

Personal information

12. We retain and use all information strictly under the Privacy Policy.

13. 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

14. 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.

15. 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.

16. 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.

17. 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.

Price and Payment

18. The price of the Goods and Services is that set out on the Website at the date of the Order or such other price as we may agree in writing.

19. 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.

      19.1. In Person and Virtual training – All sessions must be paid for in advance. Paid sessions are to be used within the month. Sessions can be extended a further 30 days but must be agreed with us in writing. Block payments is a subscription based product that will be billed monthly from the credit or debits cards provided from the original order see Withdrawal and cancellation on your right to cancel. In the event of a payment failing, we will attempt to take payment 3 times, we will contact you directly to try and resolve any payment issues if we receive no payment and communication we will assume you will want to cancel our services.

      19.2. Online bespoke coaching – is s subscription based product that will be billed monthly from the credit or debits cards provided from the original order see Withdrawal and cancellation on your right to cancel. In the event of a payment failing, we will attempt to take payment 3 times, we will contact you directly to try and resolve any payment issues if we receive no payment and communication we will assume you will want to cancel our services and access to True Coach will cease.

      19.3. Rob’s Strength Method – Block training – is a one off payment, which will be billed using the credit or debits cards provided. Gym and Home group coaching – Is a subscription based product that will be billed monthly from the credit or debits cards provided from the original order see Withdrawal and cancellation on your right to cancel. In the event of a payment failing, we will attempt to take payment 3 times, we will contact you directly to try and resolve any payment issues if we receive no payment and communication we will assume you will want to cancel our services using our services and access to True Coach will cease.

20. We have the right to change our pricing structure at any time, anyone already on a subscription based model will be notified 30 days in advance see Withdrawal and cancellation on your right to cancel.

Delivery and missed sessions

21. We will deliver the Goods, at the agreed Delivery Location via the method stated and time agreed. after the sessions have been paid for in advance.

      21.1 In Person and Virtual training – a time and date will be agreed for delivery of session/s. In person PT will be delivered at the location agreed and Virtual PT will be delivered through Skype.

      21.2 Online bespoke coaching – All programming starts on a Monday and will be delivered through the web ap True Coach

      21.3 Rob’s Strength Method – Block training. Gym and Home Group Coaching  – All programming starts on a Monday and will be delivered through the web ap True Coach.

22. In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:

      22.1 we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or

      22.2 after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.

Withdrawal, cancellation

23. If you simply wish to change your mind you can withdraw the Order by telling us before we have delivered the goods, and without giving us a reason, and without incurring any liability.

24.Cancellation Rights, however, do not apply, to a contract for the following goods (with no others) in the following circumstances:

      24.1 goods that are made to your specifications or are clearly personalised;

25. Subscription based products can be cancelled or paused at any time by logging in to your account. Or you can send a message to rob@robstubbspt.com 

      25.1 In Person and Virtual training – If you need to cancel or change your session date and time you must notify us 24 hours before the due time otherwise the full amount will be charged. Unless we terminate the contract in writing, any sessions paid for will not be refunded but can be extended and be delivered within a further 30 days this must be agreed by us.

      25.2 Online bespoke coaching – Will be paid for the month in advance until it is cancelled by you.

      25.3 Rob’s Strength Block training is a one off payment and cannot be cancelled after its been paid for. Gym and Home Group Coaching – Will be paid for the month in advance until it is cancelled by you.

Timing of reimbursement

26. In the event of point 23 of these terms and conditions we will reimburse you within 14 days of your request via the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

Conformity

27. We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.

28. Upon delivery, the Goods will:

      28.1 be of satisfactory quality;

      28.2 be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and

      28.3 conform to their description.

Successors and our sub-contractors

29. Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.

Circumstances beyond the control of either party

30. In the event of any failure by a party because of something beyond its reasonable control:

      30.1 the party will advise the other party as soon as reasonably practicable; and

      30.2 the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery and any right to cancel.

Privacy

31. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.

32. These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy policy (https://robstubbspt.com/privacyandcookiespolicy/) and cookies policy (https://robstubbspt.com/privacyandcookiespolicy/).

33. For the purposes of these Terms and Conditions:

      33.1 ‘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.

      33.2 ‘GDPR’ means the General Data Protection Regulation (EU) 2016/679.

      33.3 ‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.

34. We are a Data Controller of the Personal Data we Process in providing Goods to you.

35. 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:

      35.1 before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;

      35.2 we will only Process Personal Data for the purposes identified;

      35.3 we will respect your rights in relation to your Personal Data; and

      35.4 we will implement technical and organisational measures to ensure your Personal Data is secure.

36. For any enquiries or complaints regarding data privacy, you can e-mail: rob@robstubbspt.com.

Excluding liability

37. 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

38. The Contract (including any non-contractual matters) is governed by the law of England and Wales.

39. 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.

40. We try to avoid any dispute, so we deal with complaints in the following way: If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within 5 days.

Last updated 5th July 2020

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