Terms & Conditions
Bloomingfit.com provides information for educational purposes only and is not intended to replace medical advice from your health care practitioner. BloomingFit advises all website users to consult their GP/Midwife/Consultant or health care profesional before starting any exercise programme. BloomingFit.com will not be liable for any complications, in juries, loss, or other medical problems arising from, or in connection with, the use of, or reliance upon any information on this website.
Please review the terms and Conditions before using this site. Your use of the site indicates your agreement to be bound by these terms. Users agree to participate voluntarily and assume total responsibility and risk for their use of our website and use of all information contained within it.
- Please read these Terms and Conditions carefully before using the website operated by Bloomingfit Limited (company registration number: 5415779) (“Bloomingfit”).
- By using or accessing our website, you agree to be legally bound by these Terms and Conditions and they apply to your use or access of our website.
- If you do not wish to be bound by these Terms and Conditions then you may not use our website.
- You are solely responsible in all respects for all use of and for protecting the confidentiality of any username and password that may be given to you or selected by you for use on our website. You may not share these with or transfer them to any third parties. You must notify Bloomingfit immediately of any unauthorised use of them or any other breach of security regarding our website that comes to your attention.
- Unless otherwise stated, text on our website is presented solely for your private, personal and non-commercial use, unless under licence as indicated at 16 below.
- You may not download, print or store any such material or send or show any copy thereof to anyone who is not a member of your immediate family or friends. In the event of any breach of this term: -
- you will be liable to indemnify Bloomingfit and any of its suppliers against any damage (including costs on an indemnity basis) which they or any of them may suffer as a result of such breach; and
- you may be denied any further use of our website
PRODUCTS AND PAYMENTS
- Our website is a place for you to select and order goods and services (“the Products”). Details of the Products are, as required by law, shown on our website, details of prices for the Products, and the procedures for payment and delivery are displayed on our website and shall apply to any order you make through our website. You undertake that you are over 18 years old and that the details you provide to us for the purposes of purchasing the Products will be correct, that the credit or debit card, or any electronic cash payment is your own and that there are sufficient funds or credit facilities to cover the cost of any Products. We reserve a right to obtain validation of your credit or debit card details before providing you with any goods or services.
- You must pay for the Products as directed on our payment page at the time of order.
- If your order is accepted, we will confirm acceptance to you by on-line electronic means to the e-mail address you have given us on ordering. The order will then be fulfilled as described on our website in respect of the Product you have ordered.
- a) Except in the circumstances indicated at 7 b) below, you have the right to cancel your order for Products within 7 working days of making that order or delivery of the Product (whichever is the later). To do so you must notify us in writing or other durable medium (including e-mail) within those 7 working days. You will then be entitled to a refund from Bloomingfit, which will be paid as soon as possible, but in any event within 30 days. You must arrange for any costs in returning the Products to Bloomingfit. On request, we will collect the Products from you, but the cost of this will be charged to you and we may deduct this from the refund. While in your possession, you must keep any Products you intend to return to us in good condition.
b) The rights referred to in this paragraph do not apply where:
- where the Product by reason of its nature is likely to deteriorate or expire rapidly; or
- the Product consists of audio or video recordings or computer software and the sealed packaging has been opened or damaged by you.
- the Product delivered is not what you ordered; or
- the Product delivered is not of satisfactory quality; or
- the Product is not as described or fit for purpose, we will refund to you the price paid and your reasonable costs in returning the Product.
- if you have any complaints, you should direct them to us via e-mail at "email@example.com” or by post to BloomingFit Ltd, Avalon Lifestyle Centre, Marsh Lane, Huntworth Gate, Bridgwater, Somerset, TA6 6LQ
- We reserve the right to alter, suspend or discontinue any aspect of our website or the content or services available through it, including your access to it. Unless stated otherwise, any new features including new content and/or the sale of new Products shall be subject to these Terms and Conditions.
- The following applies to any information you provide to us, for example during any registration or ordering process:
- By accepting these Terms and Conditions, you agree to the processing and disclosure of the Personal Information for the Purposes. You also agree that the Purposes may be amended to include other uses or disclosures of Personal Information following notification to you by means of a notice on our website, which you should check regularly. If you would like to review or modify any part of your Personal Information then you should e-mail us at "firstname.lastname@example.org"
- MESSAGE BOARD
- BloomingFit does not endorse and is not responsible for any of the content posted on the message boards. Any views or opinions expressed on the message boards are not those of BloomingFit but of the users and therefore BloomingFit accepts no liability for the taste, truth or accuracy of the content that may appear. Any act or omission whether taken as a direct result or indirect result of such content is taken at your own risk. Any content posted by you on the message boards is not confidential and can be accessed by anyone using the internet.
- The use of the Products for the purposes of providing personal training (specialist exercise and fitness advice) by suitably qualified individuals and/or commercial operators may be granted subject to approval under licence. An application for any such use must be made via e-mail at "email@example.com” or by post to BloomingFit Ltd, Avalon Lifestyle Centre, Marsh Lane, Huntworth Gate, Bridgwater, Somerset, TA6 6LQ. A licence will be granted subject to the individual/operator satisfying Bloomingfit of their suitability, qualifications and experience, and the payment of the appropriate licence fee. No such individual/operator may use the products without a hard copy of a Licence with an original signature of a director of BloomingFit. BloomingFit’s decision whether to grant or withhold a Licence is final. Licensees assume total responsibility and risk for the use of our website and all information contained within it
- Our website is controlled and operated by us from our offices at 141C,High street, Street, Somerset BA16 0EX. Where content published on the website is supplied by third parties, you understand that we do not control or endorse their contents in any way. All content which is offered by third parties that are not affiliated with or otherwise connected with us, is published in good faith but we do not (to the extent permitted by applicable law) accept responsibility for the accuracy or otherwise of such content (whether published on or off-line) and the use of such content, except for content which relates directly to Products you purchase.
- We have used our reasonable endeavours to ensure that our website complies with UK law. However, we make no representations that the materials on our website are appropriate or available for use in locations outside the UK.
- Bloomingfit makes no warranties, express or implied that making the Products available in any particular jurisdiction outside the UK is permitted under any applicable non-UK laws or regulations. Accordingly, if making the Products or any part available in your jurisdiction or to you (by reason of nationality, residence or otherwise) is prohibited, those Products are not offered for sale to you. You accept that if you are resident outside the UK, you must satisfy yourself that you are lawfully able to purchase the Products. Bloomingfit accepts no liability, to the extent permitted by applicable law, for any costs, losses or damages resulting from or related to the purchase or attempted purchase of the Products by persons in jurisdictions outside the UK or who are nominees of or trustees for citizens, residents or nationals of other countries.
- The contents of our website are protected by international copyright laws and other intellectual property rights. The owner of these rights is Bloomingfit or other third party licensors. All product and company names and logos mentioned in our website are the trade marks, service marks or trading names of their respective owners, including us. You may download material from our website for the sole purpose of placing an order with Bloomingfit or using our website as a shopping resource. However, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from our website including but not limited to text, graphics, video, messages, code and/or software without our prior written consent, except where expressly invited to do so, for example in order to complete any test or questionnaire, or under Licence as indicated at 16 above.
- Bloomingfit makes no representations whatsoever about any other websites which you may access through our website or which may link to our website. When you access any other website you understand that it is independent from Bloomingfit and that we have no control over the content or availability of that website. In addition, a link to any other site does not mean that Bloomingfit endorses or accepts any responsibility for the content, or the use of, such a website and shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other web or resource. Any concerns regarding any external link should be directed to its website administrator or web master.
- Any linking to, deep linking to, or extraction from the Bloomingfit Site without the written consent of Bloomingfit in hard copy with original signature by a director of Bloomingfit is strictly prohibited.
- Without prejudice to the generality of the foregoing paragraph 22 any third party contravening the provisions of paragraph 22 shall be liable for liquidated damages to Bloomingfit as a result of such unauthorised activity and all costs incurred by Bloomingfit whatsoever in researching and dealing with the relevant breach of these Terms and Conditions.
- As a result of viewing this website some information may become stored upon your computer. This information may be in the form of a “cookie” or similar file which may help Bloomingfit in many ways for instance to improve the content of the website or to improve the matching of users interests or preferences. If you do not want a cookie to be stored in your computer, most Internet browsers have functions to erase cookies from the computer’s hard drive or to block all cookies or to receive a warning before a cookie is stored. You are welcome to use such facilities to prevent the installation of any cookie but by accessing our website you consent to Bloomingfit’s use of any information gathered for the purposes mentioned above.
- We will try to make our website available but cannot guarantee that our website will operate continuously or without interruptions or be error free. You must not attempt to interfere with the proper working of our website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other internet connected device.
LIMITATION OF LIABILITY
- In relation to the purchase of products or information you download from our website you warrant that you have filled in a questionnaire “tell us about your health” on our website. You are advised not to undertake any strenuous physical activity for which you may be medically unfit. Save for death or personal injury caused by BloomingFit’s proven negligence BloomingFit does not accept liability for any illness or injury resulting from use of the Products. All persons who use the Products or information do so on the express basis that the use it at their own risk. Persons who have any reservation as to their physical condition are advised to have a medical check-up and consult their GP in respect of their suitability to use the Products before using any of the Products or information.
- If we are liable to you for any reason our liability will be limited to the amount paid by you for the product concerned. This limit does not apply to any liability we may have for death or personal injury resulting from our proven negligence.
- We accept no liability for any indirect or consequential losses however caused, even if foreseeable. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of our website or its contents other than as a direct result of purchasing products, we accept no liability for this loss or damage whether due to inaccuracy, error, omission or any other cause and whether on the part of BloomingFit or our servants, agents or any other person. This limit does not apply to any liability we may have resulting from our proven negligence.
- You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our website and is compatible with our website. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from our website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
- Neither you nor Bloomingfit will be held liable for any failure to perform any obligation to the other due to causes beyond your or Bloomingfit’s respective reasonable control.
- Failure by either party to exercise any right or remedy under this agreement does not constitute a waiver of that right or remedy.
- All notices shall be given:
- to us by e-mail at “firstname.lastname@example.org” or by post to BloomingFit Limited, 141C High Street, Street, Somerset, BA16 0EX; or
- to you at either the e-mail or postal address you provide during any ordering process.
Notice will be deemed received when an e-mail is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or 3 days after the date of posting.
- We may alter these terms and conditions from time to time and post the new version on our website, following which all use of our website will be governed by that version. You must check the terms and conditions on the website regularly.
- The Company intends to rely on the terms and conditions set out in these Terms and Conditions together with any order form and payment method instructions in relation to Bloomingfit and any Product, and you should request that any amendments be put in writing.
- If any provision or term of these Terms and Conditions shall become or be declared illegal, unlawful, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other Terms and Conditions and shall be deemed to be deleted from them.
- These terms and conditions and your use of our website are governed by English law and you submit to the non-exclusive jurisdiction of the English court.
- These terms and conditions replace all other Terms and Conditions previously applicable to the use of our website.