Terms and conditions

Terms and conditions

Video

TERMS AND CONDITIONS

Terms and Conditions

These Terms and Conditions are made up of the two subsections which follow, ‘Terms and Conditions of Use’ and ‘Terms and Conditions for Selling Consumer Goods and/or Services’.

Terms and conditions of use

Please read these terms and conditions of use (these ‘Terms’) carefully as they contain important information about your rights and obligations when using the website (the ‘Website’) and in particular clause 11.6 and 11.7. You should print a copy of these terms for future reference.

The Website is provided by Caroline Chambers (trading as My Pilates Partner). Our place of business is 2 Grantham Street, Dublin 8.

How these Terms apply
- By using the Website you are agreeing to comply with and be bound by these Terms regarding the use of the Website in consideration for us allowing you to access and use the Website. You must not use the Website if you do not agree to comply with and be bound by these Terms. Also if you are purchasing Goods and/or Services you will also be subject to our Terms and Conditions for selling consumer goods and/or Service. You must be aged 18 years and over to use this website or to purchase goods or Services on this Website
- Use of the Website includes accessing, browsing or registering for the Website.
- We reserve the right to change these Terms at any time. We will take reasonable steps to make you aware of any changes to the Terms, for example by posting them on the Website. You agree to be bound by the version of these Terms displayed on the Website at the time you use it.
- These Terms refer to the following, which also apply when using the Website:
  - Privacy Notice, which can be found at Www.mypilatespartner.com/privacynotice;
  - Terms and Conditions, which can be found at Www.mypilatespartner.com/termsandconditions;

Access
- You are responsible for making all arrangements necessary for you to have access to the Website.
- You are responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms, and that they comply with them.
- We make reasonable efforts to ensure that the Website is available to view and use 24 hours a day throughout each year; however, this is not guaranteed. The Website may be temporarily unavailable at any time because of server or systems failure or other technical issues, or reasons that are beyond our control, required updating, maintenance or repair.
- Where possible, we will try to give you advance warning of maintenance issues but shall not be obliged to do so.
Registering on the Website
- By registering on the Website you undertake:
  - that all the details you provide to us for the purpose of registering on the Website are accurate and complete in all respects;
  - you will notify us immediately of any changes to the information provided on registration;
  - you are over 18 or if under 18 you have a parent or guardian’s permission to register with the Website under their supervision;
  - to only use the Website using your own username and password;
  - to make every effort to keep your password safe;
  - not to disclose your password to anyone;
  - to change your password or to tell us immediately upon discovering that it has been used without your permission;
  - to neither transfer or sell your username or password to anyone, nor permit, either directly or indirectly, anyone other than you to use them;
  - to be responsible for all actions taken under your username and password.
- We reserve the right to suspend or terminate your access to the Website if you breach your undertakings in this clause.
Intellectual property
- In these Terms, Intellectual Property Rights mean copyright (including design copyrights), trade -marks, patent, database and other intellectual property rights and similar proprietary rights which include, (without limitation), all rights in software, design, materials, works, techniques, computer programs, source codes, data, technical information, trading business brand names, goodwill, service marks, the style or presentation of the goods or services, creations, inventions or improvements upon or additions to an invention, confidential information, know-how and any research effort relating to Caroline Chambers (trading as My Pilates Partner), moral rights and any similar rights in any country (whether registered or unregistered and including applications for and the right to apply for them in any part of the world).
- The software code contained in and related to the Website and the materials on the Website including text, images, videos, photographs and other materials are protected by Intellectual Property Rights owned by us and our licensors. You acknowledge that the Intellectual Property Rights in the Website and any software code used with and material supplied as part of the Website shall remain with us or our licensors.
- Subject to clause 5 you may:
  - retrieve and display materials on the Website on a computer screen;
  - download and store in electronic form materials on the Website but not copy or down-load any video; and
  - copy and print one copy only of materials on the Website but not copy or reproduce videos.
- Copying, downloading, storing or printing the materials on the Website for any reason other than personal use or in accordance with clause 2.2 is expressly prohibited.
- You agree that you will not (and will not assist or facilitate any third party to) otherwise reproduce, modify, copy, distribute, transmit, publish, display, commercially exploit or create derivative works from any of the materials on the Website.
- No licence is granted to you to use any of our trade-marks or those of our affiliated companies.
- You agree that you will not use our Intellectual Property Rights in any way other than allowed under these Terms and any infringement by you of our Intellectual Property Rights will be a breach of these Terms.
Use of the Website
- You are permitted to use the Website and the material contained in it only as expressly authorised by us and in accordance with these Terms as may be amended from time to time without notice to you.
- Provided that you comply with the other provisions of this clause, you may download or print one copy only of pages of our website:
  - for your own private use; or
  - to draw attention to the content of our website to members of your organisation.
- You must not:
  - download or print pages of the Website for commercial use other than use permitted by clause 2.2;
  - alter the content of any webpage you download or print; or
  - use any images, videos or photographs on the webpage without the accompanying text.
- You must:
  - keep intact all and any copyright and proprietary notices accompanying or attached to the materials on the Website you download, copy, store or print;
  - acknowledge us as the owners of the content of the Website;
  - erase any pages of the Website or materials on those pages downloaded other than in accordance with this clause; and
  - destroy any pages of the Website or materials on those pages printed other than in accordance with this clause.
- You must not modify, adapt, translate, reverse engineer, decompile or disassemble any code or program used by or in connection with the Website. You must contact us to request our consent if you wish to take any such action to create an interoperable program and we may provide such consent if you provide us with the information we request.
- We provide access to and use of the Website on the basis that we exclude all representations, warranties and conditions to the maximum extent permitted by law.
- We reserve the right to:
  - make changes to the information or materials on the Website at any time
  - temporarily or permanently change, suspend or discontinue any aspect of the Website, including the availability of any features, information, database or content or restrict access to parts of or the entire Website without notice or liability to you or any third party
  - refuse to post material on the Website or to remove material already posted on the Website
- You may not use the Website for any of the following purposes:
  - disseminating any unlawful, harassing, libellous, abusive, threatening, fraudulent, malicious, harmful, vulgar, obscene, or otherwise objectionable material;
  - stalking, harassing, threatening, blackmailing any person or violating or interfering with the rights of any other person including their right to privacy;
  - transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise;
  - breaching any applicable local, national or international laws, regulations or code of practice;
  - gaining unauthorised access to other computer systems;
  - interfering with any other person’s use or enjoyment of the Website;
  - breaching any laws concerning the use of public telecommunications networks;
  - interfering with, disrupting or damaging networks or websites connected to the Website;
  - utilisation of data mining, robots or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of the Website or the contents of the Website;
  - to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation;
  - to create and/or publish your own database that features all or substantial parts of the Website or the contents of the Website;
  - making, transmitting or storing electronic copies of materials protected by copyright without the prior permission of the owner;
  - selling or re-selling or using for commercial purposes any of the content of or access to the Website or using for commercial purposes any of the content of or access to the Website;
  - to represent to others that there is any connection between the Website and your business or your views and opinions or that we endorse you or anything connected to you.
- In addition, you must not:
  - knowingly introduce viruses, Trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful to the Website;
  - impersonate any other person or fraudulently provide us with incorrect information;
  - attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to it;
  - attack the Website via a denial-of-service attack or a distributed denial-of service attack;
  - damage, disrupt or interfere with any part of the Website, any equipment or network on which the Website is stored or any software used for the provision of the Website;
  - remove any copyright notice or notice of any other intellectual property right from the Website or any materials on the Website.
- A breach of clause 9 or 5.8 may be a criminal offence. We may report any such breach to the relevant law enforcement authorities and disclose your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
Subscriptions and/or Purchase of Goods
- To become a subscriber to the Website you must pay the applicable subscription fee (the ‘Subscription Fee’) after you have registered for an account with the Website. You may also purchase Goods on the Website. When using the Website you will be subject to these Terms of Use of Website and when using the website to purchase Goods and/or Services you will be subject to these Terms of Use of Website and also Terms and Conditions for Selling Consumer Goods and/or Sgtervices also set out on our Website
Suspending or terminating your access

We reserve the right to terminate or suspend your access to the Website immediately and without notice to you if:

You breach these Terms and Conditions of Use of website or the Terms and Conditions for Selling Goods and/or Services (repeatedly or otherwise);
You are impersonating any other person or entity;
When requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity;
We suspect you have engaged, or are about to engage, or have in any way been involved, in fraudulent, defamatory or illegal activity on the Website.

Linking to the Website
- You must not create a link to the Website from another website, document or any other source without first obtaining our prior written consent.
- Any agreed link must:
  - be to the Website’s homepage and not to any other page on the Website;
  - be established from a website or document that is owned by you and does not contain content that is offensive, controversial, defamatory, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law in Ireland and the law in any country from which they are hosted;
  - be provided in such a way that is fair and legal and does not damage our reputation or take advantage of it;
  - not suggest any form of association, approval or endorsement on our part where none exists;
  - not cause the Website or content on the Website to be embedded in or ‘framed’ by any other website;
  - not cause the content of the Website to be displayed differently from the way it appears on the Website.
- We have no obligation to inform you if the address of the Website home page changes and it is your responsibility to ensure that any link you provide to our homepage is at all times accurate.
- We reserve the right to withdraw our consent without notice and without providing any reasons for withdrawal. Upon receiving such notice you must immediately remove the link and inform us once this has been done.
External links

To provide increased value and convenience to our users, we may provide links to other websites or resources for you to access at your sole discretion and risk. 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 in any way, whether 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;
the use which others make of these websites;
any damage, loss or offence caused or alleged to be caused to you, arising from or in connection with the use of or reliance upon any such advertising, content, products, goods, materials or services available on and/or purchased by you from such external websites or resources.

Disclaimer
- This website offers, among other items, fitness information in the form of exercise videos and is

designed for educational purposes only. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. If you have any concerns about your health you should always consult with a physician or other health-care professional. The exercises in the videos on this website are presented as suggestions for you and you are not obliged to perform said exercises or their modifications. It is your responsibility to only perform exercises and modifications of exercises that you know suit your body and its abilities and any limitations you may have. If you have any concerns about the suitability of these exercises to you, you should consult a physician or other relevant health-care professional before undertaking the exercises and their modifications featured in the videos on this website.

The content on the Website is provided for general information only. It is not intended to be advice on which you should rely. It shall be your responsibility to ensure that any products, services or information available through the Website meet your specific requirements.
We attempt to ensure that the information available on the Website at any time is accurate. However, we do not guarantee the accuracy or completeness of material on the Website. We use all reasonable endeavours to correct errors and omissions as quickly as practicable after becoming aware or being notified of them. We make no commitment to ensure that such material is correct or up to date.
The Website is provided on an ‘as is’ and ‘as available’ basis without any representation or endorsement made and we make no warranties or guarantees, whether express or implied, statutory or otherwise (unless otherwise expressly stated in these Terms or required by law).
We make no representation or warranty of any kind express or implied statutory or otherwise regarding the availability of the Website 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 Website 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 Website.
You are responsible for maintaining appropriate anti-virus software on and appropriately configuring the technological devices, platform and computer programs you use to access the Website that are in your control. You must bear the risk associated with the use of the internet. In particular, we will not be liable for any damage or loss caused by a distributed denial-of-service attack, any viruses, Trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful that may infect your computer, peripheral computer equipment, computer programs, data or other proprietary material as a result of your use of the Website or you downloading any material posted or sold on the Website or from any website linked to it.

Limitation of liability and indemnity
- If you are a consumer, nothing in these Terms affects your legal rights. You can obtain advice about your legal rights from Citizens Information if you need to.
- We cannot exclude or limit our responsibility to you for:
  - death or personal injury resulting from our negligence;
  - fraud or fraudulent misrepresentation;
  - any liability, right or remedy which we cannot exclude or limit pursuant to the Sale of Goods Act 1893 (as amended);
  - any other matter for which it would be unlawful for us to exclude or attempt to exclude our liability.
- 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 the below mentioned losses where they have arisen from use of or inability to use the Website for commercial purposes, or use of or reliance on any material or content displayed on the Website or on any linked websites for commercial purposes:
  - any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings);
  - any loss of goodwill or reputation;
  - any special or indirect losses;
  - any loss of data;
  - wasted management or office time;
  - any other loss or damage of any kind.
- If you are not a consumer we exclude all liability, including any liability in negligence, arising from your use or inability to access or use the Website other than that referred to in clause 2.
- If you are a consumer, we are responsible for foreseeable loss or damage which you suffer as a result of a breach by us of the Terms or as a result of our failure to act with reasonable care and skill. 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 before using the Website. We are not responsible for unforeseeable losses.
- If you are not a consumer, you agree to fully indemnify, defend and hold us, our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, including but not limited to losses (including loss of profit, revenue, goodwill or reputation), costs and expenses, including reasonable administrative and legal costs, arising out of any breach of these Terms by you, or any other liabilities arising out of your use of the Website or any other person accessing the Website using your personal information with your authority.
- If you are a consumer you agree to fully reimburse us, our officers, directors, employees and suppliers for all losses (including loss of profit, revenue, goodwill or reputation), costs and expenses, including reasonable administrative and legal costs, arising out of any breach of these Terms by you, or any other act or omission by you in using the Website or by any other person accessing the Website using your personal information with your authority that results in any legal responsibility on our part to any third party.
Use of personal data
- We envisage that we will request personal information from you whilst you use our website. This information will only be requested and processed in accordance with our Privacy Notice, which can be found at Www.mypilatespartner.com/privacynotice.
- In brief, we will act fairly in connection with personal information requested from you, when we request information we will alert you to our Privacy Notice, and unless the information is necessary for a reason specified in the General Data Protection Regulation (GDPR) we will only process it with your consent. Before receiving your information, we will endeavour to provide the information required by the GDPR.
Alternative Dispute Resolution
- In the event of a dispute concerning these Conditions or the Contract, including their interpretation and their application to the circumstances giving rise to the dispute, you or we may refer such a dispute to the Online Dispute Resolution platform, the link for which is http://ec.europa.eu/consumers/odr/.
- The business email address to be used to notify us in the case of a dispute is hello@mypilatespartner.com.
General
- We reserve the right to change the domain address of the Website and any services, products, product prices, product specifications and availability at any time.
- Each of the sub-clauses of these Terms should be considered separately. If any of these Terms are found to be unenforceable, invalid or illegal, the rest of these Terms will continue to have full effect.
- These Terms are in English only.
- We will not lose our rights under these Terms by reason of any delay by us in enforcing those rights. We will not be bound by any agreement not to enforce our rights under these Terms unless we have agreed not to do so in writing.
- Any delay by us in enforcing our right, non-enforcement of our rights or agreement not to enforce our rights in respect of one breach by you of these Terms will not prevent us from fully enforcing our rights in respect of any other breach by you of these Terms.
Governing law and jurisdiction
- The Website is controlled and operated in Ireland.
- If you are a business, these Terms are governed by the laws of Ireland and the courts of Ireland shall have exclusive jurisdiction over legal proceedings in connection with your use of the Website, any breach of these Terms and any question in connection with the interpretation or application of these Terms.
- If you are a consumer, these Terms are governed by the laws of Ireland and you can bring legal proceedings in the courts of Ireland. If you live in another country in the EU, you can bring legal proceedings in either the courts of your home country or Ireland.

Cancellation Form

Date:

To: Caroline Chambers

2 Grantham Street, Dublin 8

Email address: hello@mypilatespartner.com

I/We[*] hereby give you notice that I/We[*] cancel my/our[*] contract for:

Order number:

Ordered on:

Received on:

Name(s) of consumer(s):

Address(es) of consumer(s):

Signature of consumer(s):

[*] Delete as appropriate

Terms and Conditions for Selling Consumer Goods and/or Services

Introduction and definitions
- This document (together with any documents referred to in it) tells you the terms and conditions (the ‘Conditions’) upon which we will sell the Goods and supply the Services to you. You may print a copy for future reference.
- So far as the context permits, the following words are defined as set out:
  - ‘Business Day’ means a day other than a Saturday, Sunday or public holiday when banks in Dublin, Ireland are open for business.
  - ‘Event Outside Our Control’ has the meaning given in clause 17.
  - ‘Goods’ means the goods listed on our website (‘the Website’) which we may supply (to include t shirts etc).
  - ‘Services’ means the services listed on the Website which we may supply (to include video library of Pilates exercises and demonstrations.
  - ‘Subscription Fee’ means the current cost of the month-to-month or fixed time period subscription (‘Subscription’).
- Before confirming your order please read through these Conditions and in particular our cancellations and returns policy at clause 13 and limitation of our liability and your indemnity at clause 15.
- By ordering any of the Goods or Services or Goods and Services, you agree to be legally bound by these Conditions. You will be unable to proceed with your transaction if you do not accept these terms and conditions.
About us
- This website is owned and operated by Caroline Chambers (‘we’/’us’/’our’) (trading as My Pilates Partner). Our place of business is 2 Grantham Street, Dublin 8, Ireland.
- Our telephone number is 00353872817946.
- Our email address is hello@mypilatespartner.com.
Overseas orders
- We may accept orders from individuals located outside the Republic of Ireland and ship overseas subject to you paying any additional shipping or postage costs.
- We will inform you of any additional shipping or postage costs as soon as possible after you have placed the order. If you do not wish to pay these costs you may cancel your order. If you wish to continue with the order you must confirm to us that you will pay these additional costs within 7 days of us telling you what they will be. If we do not receive this confirmation from you within this time period, we will treat you as having cancelled your order.
- Please note that when shipping products internationally, you should be aware that cross-border shipments are subject to opening and inspection by customs authorities.
- If we agree to supply any goods ordered from the Website for delivery outside the Republic of Ireland, they may be subject to import duties and/or additional taxes or expenses incurred due to complying with foreign regulatory requirements or laws. You will be responsible for payment of any such duties and/or taxes in addition to our price including the cost of delivery (in the case of goods). Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office or taxation authority for further information before placing your order.
Eligibility to purchase from the Website

To be eligible to purchase the Goods and Services and lawfully enter into and form a contract with us, you must be 18 years of age or over.

Price of Goods and Services
- The prices of the Goods and Services are quoted on the order page.
- Prices and any other charges quoted on the order page are based on delivery of the Goods and performance of the Services in the Republic of Ireland unless otherwise specified.
- Prices quoted do not include the costs of delivery of the Goods. The costs of delivery of the Goods will be shown separately on the order page and added to the amount payable by you.
- Unless otherwise stated, the prices quoted exclude VAT (we are not VAT registered).
Subscriptions
- Becoming a subscriber
  - To become a subscriber to the Pilates video library service you are required to register for an account with the Website including registering a payment card and we will send you an acknowledgement of your order for a Subscription wherein you will only be required to pay the applicable Subscription Fee 14 days after you have registered and availed of our 14 day free trial. In effect there will be a 14 day free trial period. If you wish not to continue within 14 days and inform us as set out below we will return any amounts charged if any. If you proceed with the service then it will go into effect and you will be paying from the first day after the 14 day free trial and Cancellation period has elapsed.
  - A ‘Confirmation Notice’ means an email which we send to you to confirm our acceptance of your application for a Subscription.
  - If your order is accepted we will send you a Confirmation Notice at which point the contract between us for a Subscription incorporating the version of these Conditions in force at the time will come into existence.
  - The Subscription Fee is payable either month-by-month or in advance for 3 months or in advance for 12 months. In subscribing you agree to pay the Subscription Fee at the rate applicable from time to time.
  - We may from time to time vary the benefits associated with a Subscription by giving you written notice of the variation, providing that, if in our reasonable opinion such a variation results in a substantial loss of value or functionality, you shall have the right to cancel your Subscription, and we will refund to you any amounts paid to us in respect of any period of Subscription after the date of such cancellation.
  - At the end of any period of Subscription for which you have paid, and subject to the other provisions of these Conditions, your Subscription will be automatically renewed and you must pay to us the applicable Subscription Fee unless you cancel the Subscription using the cancellation facility on the Website before the date of renewal.
  - For so long as your account and Subscription remain active in accordance with these Conditions, you will benefit from the features specified on the Website in relation to your Subscription type. If you do not pay the Subscription Fee or any instalment of the Subscription Fee for whatever reason, we reserve the right to terminate your Subscription and any unpaid balance of the Subscription Fee will become immediately due and payable.
  - We reserve the right not to accept an order for a Subscription for any reason and without giving any explanation.
- Cancelling a Subscription
- Cancelling a Subscription before Confirmation Notice
  - You may cancel your order for a Subscription by notifying us of your decision to cancel at any time prior to us sending you a Confirmation Notice.
  - You may notify us of your decision to cancel by:
    - completing a cancellation form found on our Website, printing it and emailing or posting it as detailed below, or
    - sending a statement saying that you wish to cancel quoting your name, address, and your order reference number by:
      - Telephone on 00353872817946
      - Email at hello@mypilatespartner.com
      - Post at 2 Grantham Street, Dublin, Dublin 8
    - Cancelling a Subscription after Confirmation Notice
      - The ‘Cancellation Period’ means the period of 14 days starting with and including the day after we send you a Confirmation Notice.
      - We will give you a free trial for 14 days after you register on the Website. This 14 day period will also be the Cancellation Period or cooling off period as required under Regulations and Legislation. You may cancel any time during the cancellation period without incurring any charges. If you cancel after this period through no fault on the part of us then there will be no return of amounts charged but you will be in a position to use the Services until the end of the Subscription Period you have paid for.
      - You may cancel the Contract within the Cancellation Period by notifying us of your decision to cancel and you may notify us of your decision to cancel by:
        
        completing a cancellation form found on our Website, printing it and emailing or posting it as detailed below, or
        
        sending a statement saying that you wish to cancel quoting your name, address and your order reference number by:
        
        Telephone on 00353872817946
        
        Email at hello@mypilatespartner.com
        
        Post at 2 Grantham Street, Dublin, Dublin 8
        
        If you subscribe for 1 month, 3 months or 12 months you pay in advance. If you cancel membership mid-subscription period and after the 14 day Cancellation Period then your Subscription will remain active and available until the end of the period which has been pre-paid. There will be no refund of amounts paid in advance and there will be no cancellation fee but the service will stay in place until the end of the time period purchased.

Payment for Goods and Services
- Payment can be made by any major prepay, credit or debit card or by using a PayPal account or Stripe.
- By placing an order, you consent to payment being charged to your prepay/debit/credit card account, PayPal account or Stripe as provided on the order form.
- If you pay us by credit or debit card, PayPal account or Stripe we will take payment from your card, PayPal account or Stripe for the Goods when we dispatch the Goods to you.
- You must pay one hundred percent of the price of the Services in advance. If you pay us by credit or debit card, PayPal account or Stripe we will take payment from your card, PayPal account or Stripe in advance for the advance payment.
- We shall contact you should any problems occur with the authorisation of your card or payment through your PayPal account or Stripe..
Order process and formation of a contract
- Our Website, catalogue and brochure merely illustrate our Goods and the packaging of the Goods. Your computer may not accurately display the colours of the Goods. Although we aim to accurately depict our Goods and their packaging, there may be differences between the packaging and the colours of the Goods delivered to you and those shown on our Website and in our catalogue and brochure.
- All orders are subject to acceptance and availability. If we are unable to supply you with the Goods or Services or Goods and Services in your order due to matters such as unavailability of stock, materials, key staff or an Event Outside Our Control or because we have identified a mistake in the description of the Goods or Services or Goods and Services or the price stated by us, we will notify you. We will not proceed with the order and will refund any sums you have paid us.
- If the Goods are temporarily unavailable, we will notify you by email of the date they are expected to be available. You will have the option either to wait until they are available or to cancel your order. If you cancel your order, we will refund any sums you have paid us.
- Any order placed by you for the Goods or Services or Goods and Services constitutes an offer to purchase them from us.
- You agree that if we contact you to acknowledge receipt of your order such communication shall not amount to our acceptance of your offer to purchase the Goods or Services or Goods and Services.
- A ‘Confirmation Notice’ means an email which we send to you to confirm that we have dispatched the Goods and/or shall be providing the requested Services. A Confirmation Notice will be our acceptance of the offer made in the order to which that Confirmation Notice relates.
- A contract between you and us for the supply of the Goods or Services or Goods and Services (the ‘Contract’) incorporating the version of these Conditions in force at the time of your order will come into existence when we send you the Confirmation Notice relating to your order. You may print and keep a copy of the Confirmation Notice for future reference.
- If you think that there is a mistake in the Confirmation Notice or if you wish to make any changes, please contact us to discuss this. If you request a change, we will tell you if that is possible and about any changes to the price, delivery or performance dates or any other changes that we need to make as a result of your request. We will ask you if you wish to go ahead with the change.
- We may make
  - minor technical adjustments to the Goods to improve them or to comply with relevant laws and regulatory requirements,
  - changes to these Conditions as a result of changes in any relevant laws and regulatory requirements,
  - changes to these Conditions as a result of changes in how we accept payment from you,
  - changes in the amount payable by you to the extent of any changes in the VAT included in the price or payable in relation to the price.
- If we make any changes in accordance with clause 9 we will give you written notice of the changes before we supply the Goods or Services or Goods and Services. You can choose to cancel the contract if the change would be significantly to your disadvantage.
- Any variation to these Conditions which have been incorporated into the Contract or to the Contract other than those mentioned in clause 9 shall only be binding when agreed in writing and signed by you and us.
Delivery
- The Goods will be delivered to you at the address you provided during the order process which may be an address other than the billing address.
- Any dates quoted for delivery of the Goods are approximate only. If no date is specified then it will take place as soon as reasonably possible, but in any event within 30 days of the date of the Confirmation Notice, unless there is an Event Outside Our Control, in which case clause 17 shall apply.
- If you have agreed to collect the Goods from our premises,
  - you must collect the Goods during our working hours of 9am to 5pm, or by prior arrangement on or within 3 Business Days of the date we notify you that the Goods are ready for collection,
  - delivery shall occur at our premises when we hand the Goods to you.
- Unless clause Error! Reference source not found. applies, if we have agreed to deliver the Goods to a delivery address which you have given us, delivery shall occur when we place the Goods in the physical possession of you or anyone you have identified to us as the person authorised by you to take delivery of the Goods.
- You must examine the Goods within a reasonable time after arrival and let us know as soon as reasonably possible if they are faulty, damaged or not as described.
- If no one is present at your delivery address to take delivery, we will advise you of our attempted delivery. You must then contact us to make arrangements for us to deliver the Goods.
- We may end the contract with you and charge you for any extra storage costs we have incurred if
  - you have arranged to collect the Goods but do not do so within 14 Business Days of the date we notify you that they are ready for collection, or
  - we have agreed to deliver the Goods, you have not been available to take delivery on the date we agreed to deliver them, and we have not been able to re-arrange delivery within 14 Business Days of the original delivery date.
- For Christmas deliveries, we recommend that you check the Website for the last order date. We will endeavour to dispatch all Goods that are in stock within 24 hours. However, we cannot guarantee delivery by 24 December.

Performance of Services
- The Services will be performed at the address or by the means specified by us when we accept the order. In effect our services will be delivered by accessing our Website and viewing our videos and content.
- When we accept the order, we will confirm estimated start and completion dates for the performance of the Services. We will endeavour to perform the Services in accordance with these estimated dates and will perform the Services within a reasonable time from the date we accept the order.
- In the event that an Event Outside Our Control prevents us from performing the Services within a reasonable time from the date we accept the order, clause 17 will apply.
- If we ask you to provide us with information in order for us to provide the Services, you must provide us with complete and accurate information by the date we request that you provide it by, otherwise:
  - you must pay us any reasonable sum we charge you to cover any extra work that is necessary as a result of you providing incomplete or inaccurate information.
  - you must pay us any additional costs incurred by us in providing the Services to you resulting from you not providing such information to us by the date we have requested.
  - we may suspend the Services by giving you written notice unless you agree to pay such extra costs.
  - in the event that despite our reasonable efforts we are unable to obtain the requested information from you and are therefore unable to supply the Services, we may end the contract with you. We will refund you any money you have paid less our reasonable costs incurred in attempting to perform the Contract.
- We will not be liable for any delay or non-performance due to your failure to provide us with complete and accurate information by the time we have requested.
- If we suspend the Services under this clause, you do not have to pay for the Services while they are suspended, but you will remain liable to pay any invoices we have already sent you for Services we have already performed.
If there is a problem with the Services
- If the Services provided do not conform to the Contract due to them not being provided with reasonable care and skill:
  - you should provide us with details of the problem as soon as reasonably possible;
  - if we are at fault we will fix the problem and we will do so at our own cost and as soon as reasonably practicable.
- As a consumer, you have legal rights in relation to Services not carried out with reasonable skill and care, or if the materials we use are faulty or not as described. Nothing in these Conditions will affect these legal rights.
Risk and title
- The Goods will be at your risk from the time of delivery.
- Ownership of the Goods will only pass to you when we receive full payment of all sums due in respect of them including the cost of delivery.
Cancelling your Contract and returns
- Cancelling before Confirmation Notice
  - You may cancel your order for the Goods or Services or Goods and Services by notifying us of your decision to cancel at any time prior to us sending you a Confirmation Notice.
  - You may notify us of your decision to cancel by:
    - completing a cancellation form found on our Website, printing it and emailing or posting it as detailed below, or
    - sending a statement saying that you wish to cancel quoting your name, address, the name or a description of the Goods or Services or Goods and Services and your order reference number by:
      - Telephone on 00353872817946
      - Email at hello@mypilatespartner.com
      - Post at 2 Grantham Street, Dublin, Dublin 8
    - Cancelling after Confirmation Notice
      - If the Contract is for the supply of Goods only or Goods and Services with the main purpose being the supply of Goods the ‘Cancellation Period’ means the period between the date we send you a Confirmation Notice and the expiry of 14 calendar days after the day you receive the Goods.
      - If the Contract is for the supply of Goods and Services with the main purpose being the supply of Goods and you wish us to begin to supply the Services before the expiry of the Cancellation Period in clause 2.1 you must request us to do this.
      - If the Contract is for the supply of Services only, or Goods and Services with the main purpose being the supply of Services (such as the supply of a course with accompanying learning materials),
        
        the ‘Cancellation Period’ means the period of 14 days starting with and including the day after we send you a Confirmation Notice.
        
        we will begin the service by way of free trial during the Cancellation Period, you may cancel the Contract within the Cancellation Period by notifying us of your decision to cancel.
        
        you will lose your right to cancel the Contract once the Services have started on a payment basis after the 14 day free trial/Cancellation period in accordance with your request and acknowledgement.
      - You may notify us of your decision to cancel by:
        
        completing a cancellation form found on our Website, printing it and emailing or posting it as detailed below, or
        
        sending a statement saying that you wish to cancel quoting your name, address, the name or a description of the Goods or Services or Goods and Services and your order reference number by:
        
        Telephone on 00353872817946
        
        Email at hello@mypilatespartner.com
        
        Post at 2 Grantham Street, Dublin, Dublin 8
        
        If you cancel the Contract after we have begun the supply of the Services in accordance with your request, you must pay us for the Services we supplied to you before we received notice of your cancellation.
      - Return of Goods
        
        Upon receiving notice of your cancellation, we will contact you and provide details of where you must return the Goods and other relevant instructions. You must then return the Goods to us without delay and at the latest within 14 days of notifying us of your cancellation.
        
        You must return the Goods at your own risk and at your own cost unless we offer to pay the cost of return. We may offer to collect the Goods from you and charge you for the cost of collecting the Goods. If we offer to collect the Goods, we will contact you to ascertain whether you agree to us collecting the Goods, whether you agree to pay the costs of collection if we are charging you for collection, and if so, to make arrangements for collection. If you agree to pay the costs of collection, we may deduct this from any sum we owe you.
        
        If the value of the Goods is reduced as a result of your handling of them beyond what is necessary to determine the nature, characteristics or functioning of the Goods, we will be entitled to claim this reduction in value from you and to deduct it from any money which you have paid us.
      - Refunds on cancellation
        
        So long as you are entitled to cancel and have complied with your obligations under clauses 2 and 13.3, we will refund you the balance of the price and any standard delivery costs you paid to us after deducting:
        
        the value of the Services we supplied before we received your cancellation notice;
        
        any reduction in the value of the Goods in accordance with clause 3.3; and
        
        any cost to us of collecting the Goods (if applicable).
        
        If the Contract is for the supply of goods only, or for goods and services with the main purpose being the supply of goods, unless we have agreed to collect the Goods from you, we will refund you the sum in clause 4.1 within 14 days after the earlier of:
        
        the day on which we receive the Goods back from you, or
        
        the day on which you supply evidence to us that you have sent the Goods back to us.
        
        If the Contract is for the supply of goods only, or for goods and services with the main purpose being the supply of goods and we have agreed to collect the Goods from you, we will refund you the sum in clause 4.1 within 14 days of our receipt of your cancellation notice.
        
        If the Contract is for the supply of services only or for the supply of goods and services with the main purpose being the supply of services, we will refund you the sum in clause 4.1 within 14 days of our receipt of your cancellation notice.
        
        We will refund you the sum in clause 4.1 using the same method of payment used by you, unless you agree to a refund by a different method of payment.
      - Exception to the right to cancel

You will not have a right to cancel in the following situations:

The Contract is for goods which are bespoke or have been personalised or which may deteriorate (such as food).
The Contract is for goods and/or services the price of which is dependent on fluctuations in the financial market which cannot be controlled by us.
The Contract is for the supply of alcoholic beverages where their value is dependent on fluctuations in the market which cannot be controlled by us, we have agreed the price and we can only deliver after 30 days.
You have specifically requested a visit from us to carry out urgent repairs or maintenance.
The Contract is for the sale of land or financial services.
The Contract is for rental of accommodation for residential purposes.
The Contract is for construction or conversion of buildings.
The Contract is for gaming, betting and lottery services.
The Contract is for accommodation, transport of goods, vehicle rental services, catering or services related to leisure activities where there is a specific date or period for performance.
The Contract is for the supply of sealed audio or video recordings and computer software and they have become unsealed after delivery.
The Contract is for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and they have become unsealed after delivery.
The Contract is for the supply of newspapers, magazines and other periodicals, except for subscription contracts.
The Contract is for the supply of goods which have become mixed inseparably with other items after delivery.

Complaints

If you have a comment, concern or complaint about any Goods and Services you have purchased from us, please contact us by telephone on 00353872817946, by email at hello@mypilatespartner.com or by post at 2 Grantham Street, Dublin 8, Ireland.

Liability and indemnity
- We have a duty to supply Goods and Services to you that conform to the Contract including a duty to ensure that
  - the Goods are as described in the contract
  - the Goods correspond to any samples we have sent you
  - the Goods are fit for any purpose you specifically told us they were required for, and are not faulty
  - the Services are carried out with reasonable care and skill
- We cannot exclude our liability for a failure to comply with these duties mentioned in this sub-clause. Nothing in these Conditions affects your legal rights if these duties are not complied with. You can obtain advice about your legal rights from Citizens Information if you need to.
- We cannot exclude or limit our responsibility to you for:
  - Death or personal injury resulting from our negligence or the negligence of our employees
  - Fraud or fraudulent misrepresentation
  - A claim for a defective product against us if we do not give you the name of the person who supplied the product to us within a reasonable time of your request for us to do so.
- We are responsible for foreseeable loss or damage which you suffer as a result of a breach by us of the Contract or as a result of our failure to act with reasonable care and skill. 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. We are not responsible for unforeseeable losses.
- You are purchasing the Goods or Services or Goods and Services as a consumer. If you purchase the Goods or Services or Goods and Services for any business purpose including for re-sale, we will not be liable for any business losses, loss of profits, loss of contracts, loss of business opportunities, loss of management time, loss of business data or losses due to interruption of your business.
- We will not be responsible for any delay in delivering the Goods and performing the Services if
  - we have asked you to provide specified information that is necessary for delivering the Goods and performing the Services and
  - you have failed to provide complete and accurate information or you have provided such information later than the date we have asked you to supply it by.
- We will not accept liability for any damage caused by pre-existing defects in any fittings, walls, pipes, wiring, gas installations in your premises or to any goods to which we connect or install or attach the Goods unless we have been negligent in not realising that such damage may occur or in the way we did the work.
- As part of the Services provided by this website, you may opt to carry out exercises which have been presented in the exercise videos contained on the website. The provision of a safe environment to exercise in is entirely your responsibility.
- After the 14 day free trail period, you will be offered a free live-video consultation. Information shared as part of this consultation will be confidential and will be for guidance only. It will not constitute a medical examination, nor will medical advice be offered. It will be your responsibility to share information regarding medical or other conditions which may affect your ability to partake safely in the consultation or any exercises. It will be your responsibility to provide a safe, well-lit area for yourself during the consultation. You will be expected to be fully clothed. The consultation will be carried out in English.
Our rights of termination

We reserve the right to terminate the Contract by writing to you if you fail to make any payment to us when due and you still do not make payment within 14 days of us reminding you that payment is due.

Events outside our control
- Except for our obligations under this clause, we shall not be responsible for delays or failures in delivery or performance of our obligations to you resulting from any act, event, omission, failure or accident outside our reasonable control (‘Event Outside Our Control’).
- We will take all reasonable steps to minimise a delay in performing our obligations to you which arises from an Event Outside Our Control.
- We will promptly notify you of any Event Outside Our Control which prevents us from or delays us in performing our obligations to you, giving details of it and (where possible) the extent and likely duration of any delay.
- Our performance will be deemed to be suspended for the period that the Event Outside Our Control continues.
- You may end the Contract after we have notified you of an Event Outside Our Control and we will then refund you any money you have paid to us under the Contract for the Goods and Services which we have been unable to deliver to you.
Use of personal data
- We envisage that we will request personal information from you whilst you use our website. This information will only be requested and processed in accordance with our Privacy Notice, which can be found at www.mypilatespartner.com/privacynotice.
- In brief, we will act fairly in connection with personal information requested from you, when we request information we will alert you to our Privacy Notice, and unless the information is necessary for a reason specified in the General Data Protection Regulation (GDPR) we will only process it with your consent. Before receiving your information we’ll endeavour to provide the information required by the GDPR.
Third party rights

Except for our affiliates, directors, employees or representatives, a person who is not a party to the Contract has no right to enforce any term of the Contract but this does not affect any right or remedy of a third party that exists or is available to them.

Alternative Dispute Resolution
- In the event of a dispute concerning these Conditions or the Contract, including their interpretation and their application to the circumstances giving rise to the dispute, you or we may also refer such a dispute to the Online Dispute Resolution platform, the link for which is http://ec.europa.eu/consumers/odr/.
- The business email address to be used to notify us in the case of a dispute is hello@mypilatespartner.com.
Other important terms
- We reserve the right to change the domain address of this Website and any services, products, product prices, product specifications and availability at any time.
- 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, or that stock will always be available.
- 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 the Contract and the remainder of the provision in question will not be affected.
- All Contracts are concluded in English only.
- If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under it or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with your obligations.
- A waiver by us of any default shall not constitute a waiver of any subsequent default.
Governing law

These Conditions and the Contract are governed by the laws of Ireland. However, if you live outside Ireland but within the EU, you are always entitled to any compulsory consumer protections applicable in the country where you live.

Governing jurisdiction

You can bring legal proceedings in respect of the Goods or Services or Goods and Services in the courts of Ireland. If you live in another country in the EU, you can bring legal proceedings in respect of the Goods or Services or Goods and Services in either the courts of your home country or Ireland.