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Terms and Conditions

We Are Fit Attitude Ltd
Webshop
Terms and Conditions

Introduction
Please read these terms and conditions carefully before using the WAFA online shop, webshop. By accessing or using our webshop, you agree to be legally bound by these terms and conditions as they may be modified and posted on our website from time to time.
If you have any questions that do not appear to be covered in these terms and conditions, please email us at hello@wearefitattitude.com with a brief outline of your issue.
Details of procedures, products, services, prices, payment and delivery are displayed in our webshop. If you choose to place an order, you will be given clear instructions on how to navigate our online order process and you will be required to provide us with your accurate personal details. The webshop and its contents are controlled and operated by We Are Fit Attitude Ltd.
If you have a comment, concern or complaint about a product or service you have purchased from us, please contact us via email at hello@wearefitattitude.com.

General
We reserve the right to change any services, product prices, product specifications and availability at any time. All prices and descriptions supersede all previous publications. All product descriptions are approximate. Every effort is made to keep information regarding stock availability on the website up to date. However, we do not guarantee that this is the case.
If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of this Agreement and the remainder of the provision in question will not be affected.
This webshop, any content contained therein and any contract brought into being as a result of usage of the webshop are governed by and construed in accordance with law of the jurisdiction specified in the clause below and the parties to any such contract agree to submit to the exclusive jurisdiction of the courts as specified. All contracts are concluded in English. These terms and conditions do not affect your statutory rights.

Definitions
'Conditions' means these terms and conditions.
'We/us/our' means We Are Fit Attitude Ltd
'Webshop' means the website located at

http://wearefitattitude.virtuagym.com/webshop
or
http://wearefitattutide.com/webshop
or any subsequent URL which may replace it or sit alongside it.
'United Kingdom' means England, Wales, Scotland, Northern Ireland and the Channel Islands.
'You/your' means a/the user of the website.
'working days' mean Monday to Friday (excluding public holidays in the United Kingdom).

Order Process
Orders will only be accepted from persons over the age of 18.
All orders are subject to acceptance and availability. If any goods or services ordered are not available, this will be highlighted in the listing. You will be given the option either to wait until the item becomes available or to cancel your order. Any orders placed by you will be treated as an offer to purchase the goods or services from us and we have the right to reject such offers at any time prior to acceptance.
You shall be responsible for ensuring the accuracy of the details provided on the order form and we will not accept an order unless all details requested on the order form have been entered correctly.
You acknowledge that any automated acknowledgment of your order that you may receive from us shall not amount to our acceptance of your offer to purchase goods or services advertised on the website.
The conclusion of a contract between you and us will take place when we accept your order by (i) taking payment or (ii) commencing the services, whichever is the earlier.
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the website.
Items or services purchased may be sold subject to additional specific terms and conditions relating to that item or service including, without limitation, terms and conditions concerning estimated delivery times and any warranties. Please ensure that you read such additional terms.
We are entitled to refuse any order placed by you and will not be required to provide an explanation.

Delivery Process
Merchandise purchased will be delivered to you at a mutually convenient time at a WAFA class or other agreed time and location.
Your place on courses purchased will be confirmed via email from hello@wearefitattitude.com along with instructions for joining and participating in this course.
Class credits and memberships purchased will be credited to your account within seven days of the purchase being made. Email confirmation will be sent from hello@wearefitattitude.com.

Payment
All prices are inclusive of VAT (where applicable) at the current rates and are correct at the time of entering the information onto the system. Prices quoted are for delivery (in the case of goods) and for performance (in the case of services) in the United Kingdom unless otherwise specified. Prices are in Pounds Sterling unless otherwise specified.
We reserve the right, by giving notice to you, the buyer, at any time before delivery or performance to increase the price of goods or services to reflect any increase in the cost to us, which is due to any factor beyond our control (such as without limitation, any foreign exchange fluctuation, significant increase in the costs of labour, materials or other costs of manufacture or service delivery).
In the unlikely event of there being such an increase in the price of goods or services you, the buyer, shall be entitled to cancel the order at any time before delivery or performance.
In the unlikely event that the price or description of an item or service has been incorrectly advertised, we will contact you by email, telephone or instant messaging service to ask whether you wish to proceed with your order with the correct price or description. If you are not happy to proceed, or we are unable to obtain your instructions, we will cancel the order. Unless we have already despatched or commenced performance of your order, we will not be obliged to supply products or provide services at the incorrect price or based on an incorrect description.
Payment can be made by paypal or go cardless.
We do not accept card payments. Payment will be debited and cleared from your paypal or go cardless account before the despatch of your goods or provision of the service to you.
By placing an order, you, the buyer, consent to payment being charged to your electronic payment account as provided on the order form.
Title to the goods or services will pass to you, the buyer, on delivery of the goods, confirmation of your participation in the course or credits added to your account.
We will issue you with an electronic receipt to your email address once the goods have been despatched.

Eligibility
To be eligible to purchase goods or services on this website and lawfully enter into and form contracts on this website, you must:
be an individual, 18 years of age or over; and
be a current member of We Are Fit Attitude
By offering to purchase goods and services, you represent to us that you are 18 years of age or over and authorise us to transmit information (included updated information) to obtain information from third parties, including but not limited to, payment providers to authenticate your identity, to validate your payment, and to authorise individual purchase transactions.

Returns & Cancellations
Returns If you are not happy with your merchandise purchase for any reason, you can return it to us and we will refund you with the amount you paid for that item.
All we ask is that you inform us by email and return the unworn product within 14 working days from the day after receipt.
You should allow up to 21 days from receipt by us of your returned goods for your refund to be processed. We will normally refund you using bank transfer once you have confirmed your bank details with us. This does not affect your statutory rights.
Cancellation Please note that you are entitled to cancel any contract completed with us within 7 working days of receipt of the goods or services.
If you do cancel a merchandise purchase contract, then you must notify us in writing by sending an email to hello@wearefitattitude.com. You must retain possession of any goods and ensure that such goods are kept in the same condition as they were when they were delivered until such time as the goods are either collected by us or delivered back to us by you. We will notify you of when we wish to collect the goods.
You also have the right to cancel your order prior to us ordering it from the supplier or within 7 days of placing it.
If you wish to cancel a course or class credits you have purchased with us, you must do this at least 7 working days before the course/credits are due to commence. You must notify us in writing by sending an email to hello@wearefitattitude.com. You cannot cancel orders for courses already commenced or class credits which have been partially redeemed.
Damaged or Faulty Goods You must examine goods on delivery. We will refund the full purchase price of an item which is delivered in a damaged or faulty state. Alternatively, at your option, we will replace the item with the same or a similar product (subject to stock availability).
If a product is damaged or faulty, please contact us at once and no later than 14 working days of receipt, or of the fault developing, and we will arrange a refund or replacement as you request.
Sometimes the product specifications from the manufacturer may change, in which case, if you request a replacement, we will do our best to offer you a substitute of the same or better quality at the same price. If you are not happy with the replacement, you can return it in accordance with our returns policy.
Please allow 30 days from receipt by us of your item for your refund to be processed. If a replacement has been requested, and is not currently in stock, please note this will form part of the next order from the manufacturer. An expected date of delivery will be confirmed with you by email from hello@wearefitattitude.com.
We reserve the right to refuse to issue a refund/replacement item in the event that the item is found to have suffered damage after delivery or has been misused or used other than in accordance with the instructions or if the problem is due to normal wear and tear. This does not affect your statutory rights.

Intellectual Property
The content of the webshop is protected by copyright, trade marks, database and other intellectual property rights and you acknowledge that the intellectual property rights in the material and content supplied as part of the website shall remain with us or our licensors.
You may retrieve and display the content of the webshop on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the website.
You further acknowledge that any other use of the material and content of this webshop is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
No license is granted to you in these Conditions to use any trade mark of We Are Fit Attitude Ltd.
Goods and services sold by us may be subject to copyright, trade mark or other intellectual property rights in favour of third parties. We acknowledge those rights.

Webshop
We attempt to ensure that the information available in the webshop at any time is accurate. However, we will not be held liable for any errors or omissions. We use all reasonable endeavours to correct errors and omissions as quickly as practicable after becoming aware or being notified of these.
Products, services, prices and offers are only valid at the time they are published in our webshop. All images should be used only as a guide or representation of the item.
All drawings, descriptive matter and specifications of goods and services on the webshop are for the sole purpose of giving an approximate description of the goods and services.
We may also change, suspend or discontinue any aspect of the webshop, including the availability of any features, information, database or content or restrict access to parts or all of the webshop without notice or liability.
We reserve the right to:
modify or withdraw, temporarily or permanently, this webshop (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the webshop; and/or
change the Conditions from time to time, and your continued use of the webshop (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed.

Liability and Indemnity
Notwithstanding any other provision in the Conditions, nothing in these Conditions will affect or limit your statutory rights; or will exclude or limit our liability for death or personal injury resulting from our negligence.
The webshop is provided on an 'as is' and 'as available' basis without any representation or endorsement made and we make no warranties, whether express or implied, in relation to the website, or any transaction that may be conducted on or through the webshop including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade custom.
You acknowledge that we cannot guarantee and cannot be responsible for the security or privacy of the webshop and any information provided by you. You must bear the risk associated with the use of the Internet.
We will use reasonable endeavours to verify the accuracy of any information on the webshop but make no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the webshop or that it will be timely or error-free, that defects will be corrected, or that the website or the server that makes it available are free of viruses or bugs. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the webshop and we accept no liability of any kind for any loss or damage from action taken in reliance on material or information contained on the webshop.
We will use all reasonable endeavours to carry out our obligations within a reasonable period of time but will not be liable to you, the buyer, for any loss, costs or expenses arising directly or indirectly from any delays in doing so and we will not be deemed to be in breach of these Conditions by reason of any delay in performing, or any failure to perform, any of its obligations in relation to these Conditions, if the delay or failure was due to any cause beyond our reasonable control.
We will not be liable, in contract or tort (including, without limitation, negligence), or in respect of pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise for:
any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
any loss of goodwill or reputation; or
any special or indirect losses suffered or incurred arising out of or in connection with the provision of any matter under the Conditions.

You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Conditions by you, or any other liabilities arising out of your use of this webshop or any other person accessing the webshop using your Personal Information with your authority.
This clause does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.

Force Majeure
We shall have no liability for delays or failures in delivery or performance resulting from force majeure, including but not limited to, war, demands or requests of Government authorities, strikes, shortages of labour, fuel, power, raw materials, late or defective performance or non-performance by suppliers, transportation disruptions, inability to ship or other causes, beyond our reasonable control

Registration
You warrant that:
the personal information which you are required to provide when you log in is true, accurate, current and complete in all respects;
you are not impersonating any other person or entity and
you will notify us immediately of any changes to your personal information by emailing or telephoning our customer service representatives.

Privacy Policy

You can find full details of our Privacy Policy on the website at https://wearefitattitude.com/privacy-policy/

Third Party Rights
Except for our affiliates, directors, employees or representatives, a person who is not a party to these Conditions has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.

External Links
To provide increased value to our users, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for:

the privacy practices of such websites;
the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources; or
the use which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
Governing Law and Jurisdiction
The website is controlled and operated in the United Kingdom.
The Conditions will be governed by the laws of England and Wales and you irrevocably agree to submit to the exclusive jurisdiction of the courts of England and Wales.