Purchasing Terms and Conditions:

In using this website, the user is deemed to have agreed to our WEBSITE DISCLAIMERS. Before using the website please read them carefully.

Do not continue to use this website if you are not entirely in agreement with the following terms. In accessing or using this site, you agree to be bound by the provisions set out in this document. These provisions may be modified at any time without further notice and are effective immediately from the time of their inclusion. So that you are informed of any change to these provisions, you agree to review them on each visit to the website.

General Terms and Conditions

TERMS OF SALE

Interpretation. In these Terms:

“BUYER” means the person who accepts the Seller’s written quotation for the sale of the Goods or whose Written order for the Goods is accepted by the Seller;

“GOODS” means the goods (including any installment of the goods or any parts for them) which the Seller is to supply in accordance with these Terms;

“SELLER” means SW19Pilates

“CONTRACT” means the contract for the sale and purchase of the Goods;

“TERMS” means the standard terms of sale set out in this document and (unless the context otherwise requires) includes any special terms agreed in Writing between the Buyer and the Seller;

“WRITING”, and any similar expression, includes facsimile transmission and comparable means of communication, but not electronic mail.

A reference in these Terms to a provision of a statute shall be construed as a reference to that provision as amended, re‑enacted or extended at the relevant time.

The headings in these Terms are for convenience only and shall not affect their interpretation.

Basis of the sale

The Seller shall sell and the Buyer shall purchase the Goods in accordance with the Seller’s Written quotation (if accepted by the Buyer), or the Buyer’s Written order (if accepted by the Seller), subject in either case to these Terms, which shall govern the Contract to the exclusion of any other terms subject to which any such quotation is accepted or purported to be accepted, or any such order is made or purported to be made, by the Buyer. No variation to these Terms shall be binding unless agreed in Writing between the authorised representatives of the Buyer and the Seller. The Seller’s employees or agents are not authorised to make any representations concerning the Goods unless confirmed by the Seller in Writing. In entering into the Contract the Buyer acknowledges that it does not rely on any such representations which are not so confirmed, but nothing in these Terms affects the liability of either party for fraudulent misrepresentation. Any advice or recommendation given by the Seller or its employees or agents to the Buyer or its employees or agents as to the storage, application or use of the Goods which is not confirmed in writing by the Seller is followed or acted upon entirely at the Buyer’s own risk, and accordingly, the Seller shall not be liable for any such advice or recommendation which is not so confirmed. Any typographical, clerical or other error or omission in any sales literature, quotation, price, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.

No contract for any purpose shall be binding unless signed by the Seller’s authorised representative. The Seller’s authorised representative being strictly limited to a named Director at Companies House at of the date of signature only. No other signatory shall be valid.

Orders and specifications

No order submitted by the Buyer shall be deemed to be accepted by the Seller unless and until confirmed in Writing by the Seller’s authorised representative.

The Buyer shall be responsible to the Seller for ensuring the accuracy of the terms of any order (including any applicable specification) submitted by the Buyer, and for giving the Seller any necessary information relating to the Goods within a sufficient time to enable the Seller to perform the Contract in accordance with its terms. The quantity, quality and description of the Goods and any specification for them shall be as set out in the Seller’s quotation (if accepted by the Buyer) or the Buyer’s order (if accepted by the Seller). If the Goods are to be manufactured or any process is to be applied to the Goods by the Seller in accordance with a specification submitted by the Buyer, the Buyer shall indemnify the Seller against all loss, damages, costs and expenses awarded against or incurred by the Seller in connection with, or paid or agreed to be paid by the Seller in settlement of, any claim for infringement of any patent or other industrial or intellectual property rights of any other person which results from the Seller’s use of the Buyer’s specification. The Seller reserves the right to make any changes in the specification of the Goods which are required to conform with any applicable statutory or E.U. requirements or, where the Goods are to be supplied to the Seller’s specification, which does not materially affect their quality or performance. No order which has been accepted by the Seller may be canceled by the Buyer except with the agreement in writing of the Seller and on terms that the Buyer shall indemnify the Seller in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by the Seller as a result of cancellation.

Price of the goods

The price of the Goods shall be the priced in the Seller’s published price current at the date of acceptance of the order unless otherwise agreed in writing. The Seller reserves the right, by giving written notice to the Buyer at any time before delivery, to increase the price of the Goods to reflect any increase in the cost to the Seller which is due to any factor beyond the control of the Seller (such as, without limitation, error, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the costs of labour, materials or other costs of manufacture), any change in delivery dates, quantities or specifications for the Goods which is requested by the Buyer, or any delay caused by any instructions of the Buyer or failure of the Buyer to give the Seller adequate information or instructions.

Additional delivery charges are applicable for certain Goods. Where the Buyer orders less than the minimum order quantity for any Goods specified in the Price the Company may refuse to accept such order. In this event, the Buyer will be so advised. Except as otherwise stated in the Seller’s Written quotation or any price of the Seller, and unless otherwise agreed in Writing between the Buyer and the Seller, all prices are given by the Seller on an ex-works basis, and where the Seller agrees to deliver the Goods otherwise than at the Seller’s premises, the Buyer shall be liable to pay the Seller’s charges for transport, packaging and insurance with the sellers nominated carrier. Notwithstanding the foregoing provisions of this clause, the Seller may not charge for delivery of any Goods in way of special offers from time to time, wherein an excess of £40

Terms of payment

Unless otherwise stated, all prices are inclusive of VAT (where applicable) and are correct at the time of entering the information into the system. The total cost of your order is the price of the products and/or services ordered plus any applicable delivery charges.

One-off payment can be made by any of the following method: STRIPE

Payment will be taken from you when the order is placed.

Delivery

Will be collect in person at class.

Notice to the Buyer.

If the Seller fails to deliver the Goods (or any installment) for any reason other than any cause beyond the Seller’s reasonable control or the Buyer’s fault, and the Seller is accordingly liable to the Buyer, the Seller’s liability shall be limited to the excess (if any) of the cost to the Buyer (in the cheapest available market) of similar goods to replace those not delivered over the price of the Goods.

If the Buyer fails to take delivery of the Goods or fails to give the Seller adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond the Buyer’s reasonable control or by reason of the Seller’s fault) then, without limiting any other right or remedy available to the Seller, the Seller may: store the Goods until actual delivery and charge the Buyer for the reasonable costs (including insurance) of storage and /or redelivery costs; or sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the Contract or charge the Buyer for any shortfall below the price under the Contract.

Risk and property

Risk of damage to or loss of the Goods shall pass to the Buyer: at the time when the Seller notifies the Buyer that the Goods are available for collection; at the time of delivery or, if the Buyer wrongfully fails to take delivery of the Goods, the time when the Seller has tendered delivery of the Goods. Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Terms, the property in the Goods shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full of the price of the Goods and all other goods agreed to be sold by the Seller to the Buyer for which payment is then due.

Until such time as the property in the Goods passes to the Buyer, the Buyer shall hold the Goods as the Seller’s fiduciary agent and Bailee and shall keep the Goods separate from those of the Buyer and third parties and properly stored, protected and insured and identified as the Seller’s property, but the Buyer may resell or use the Goods in the ordinary course of its business. Until such time as the property in the Goods passes to the Buyer (and provided the Goods are still in existence and have not been resold), the Seller may at any time require the Buyer to deliver up the Goods to the Seller and, if the Buyer fails to do so forthwith, enter on any premises of the Buyer or any third party where the Goods are stored and repossess the Goods. The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of the Seller, but if the Buyer does so all money owing by the Buyer to the Seller shall (without limiting any other right or remedy of the Seller) forthwith become due and payable.

Warranties and liability

Subject to the following provisions the Seller warrants that the Goods will correspond with their specification at the time of delivery and will be free from defects in material and workmanship for the unexpired term of their shelf life. The above warranty is given by the Seller subject to the following conditions: the Seller shall be under no liability in respect of any defect in the Goods arising from any drawing, design or specification supplied by the Buyer; the Seller shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the Seller’s instructions (whether oral or in Writing), failure to follow any instructions relating to the storage of the Goods, misuse or alteration or repair of the Goods without the Seller’s approval; the Seller shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the total price for the Goods has not been paid by the due date for payment; the above warranty does not extend to parts, materials or equipment not manufactured by the Seller, in respect of which the Buyer shall only be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer to the Seller.

Subject as expressly provided in these Terms, and except where the Goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.

Where the Goods are sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976) the statutory rights of the Buyer are not affected by these Terms.

A claim by the Buyer which is based on any defect in the quality or condition of the Goods or their failure to correspond with specification shall (whether or not delivery is refused by the Buyer) be notified to the Seller within seven days from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. If delivery is not refused, and the Buyer does not notify the Seller accordingly, the Buyer shall not be entitled to reject the Goods and the Seller shall have no liability for such defect or failure, and the Buyer shall be bound to pay the price as if the Goods had been delivered in accordance with the Contract.

Where a valid claim in respect of any of the Goods which is based on a defect in the quality or condition of the Goods or their failure to meet specification is notified to the Seller in accordance with these Terms, the Seller may replace the Goods (or the part in question) free of charge or, at the Seller’s sole discretion, refund to the Buyer the price of the Goods (or a proportionate part of the price), in which case the Seller shall have no further liability to the Buyer.

Except in respect of death or personal injury caused by the Seller’s negligence, or liability for defective products under the Consumer Protection Act 1987, the Seller shall not be liable to the Buyer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for loss of profit or for any indirect, special or consequential loss or damage, costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of the Seller, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods (including any delay in supplying or any failure to supply the Goods in accordance with the Contract or at all) or their use or resale by the Buyer, and the entire liability of the Seller under or in connection with the Contract shall not exceed the price of the Goods, except as expressly provided in these Terms.

The Seller shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Seller’s obligations in relation to the Goods, if the delay or failure was due to any cause beyond the Seller’s reasonable control. Without limiting the foregoing, the following shall be regarded as causes beyond the Seller’s reasonable control: Act of God, explosion, flood, tempest, fire or accident; war or threat of war, sabotage, insurrection, civil disturbance or requisition; acts, restrictions, regulations, bye‑laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority; import or export regulations or embargoes; strikes, lock‑outs or other industrial actions or trade disputes (whether involving employees of the Seller or of a third party); difficulties in obtaining raw materials, labour, fuel, parts or machinery; power failure or breakdown in machinery.

Insolvency of buyer

This clause 9 applies if the Buyer makes a voluntary arrangement with its creditors or (being an individual or firm) becomes bankrupt or (being a company) becomes subject to an administration order or goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction) or an encumbrance takes possession, or a receiver is appointed, of any of the property or assets of the Buyer; or the Buyer ceases, or threatens to cease, to carry on business; or the Seller reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly.

If this clause applies then, without limiting any other right or remedy available to the Seller: the Seller may cancel the Contract or suspend any further deliveries under the Contract without any liability to the Buyer; and if Goods have been delivered but not paid for, including Goods supplied where a credit facility is in place, then such facility shall automatically terminate and the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.

General

A notice required or permitted to be given by either party to the other under these Terms shall be in Writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified according to this provision to the party giving the notice. No waiver by the Seller of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision. If any provision of the Contract is held by a court or other 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 shall not be affected. The Contract shall be governed by the laws of England, and the Buyer agrees to submit to the non‑exclusive jurisdiction of the English courts.

The Seller may vary these Terms and Conditions without notice to the Buyer. The current Terms can be found here or requested from the Seller by any other means. The Buyer shall ensure the most recent version of the Seller’s Terms and Conditions are accurate by checking these sources regularly. In all cases, the current Terms and Conditions shall prevail.

Law

Any contracts formed between you and us via this website will be deemed to have been made in the UK and shall be governed and construed according to English law. Any disputes or proceedings shall be subject to the exclusive jurisdiction of the English Courts.

1. All content found on this Website, including text, images, audio, or other formats were created for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health providers with any questions you may have regarding any possible medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on this Website.

2. SW19 Pilates does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned herein. Reliance on any information provided is solely at your own risk.

3. The site and its Content are provided on an “as is” basis.

4. Links to external content not created by SW19 Pilates are taken at your own risk. SW19 Pilates is not responsible for the claims of external websites.

5. Nothing in this website shall be deemed to be advice of any kind or medical guidance of any kind, nor shall any information provided be deemed appropriate to act upon without seeking the advice of a qualified medical practitioner. In all cases always refer to your medical practitioner or specialist who would be qualified and aware of your individual circumstance.

6. If you require information concerning any personal data that is being held by us, a copy of the data can be provided on written request. Be advised that we reserve the right to charge a statutory fee for providing such information. We will comply with the Data Protection legislation in England and Wales.

Any information provided will be managed in an ethical manner. We will not pass on information or data to third parties.

The information gained from data may be used to generate statistics regarding frequency and which pages you visit. Any such information will be for internal use only.

Website privacy

In using this website privacy cannot be assured due to the insecure nature of the Internet. We accept no responsibility for any harm or damage experienced or incurred in sending or receiving personal or confidential information via the Internet.

By providing personal information via the Internet you agree to our using that data to correspond with you. If you would like us not to use any specific information that you provide please write to us and we will use our reasonable endeavours to respect your wishes.

Copyright

Copyright infringement including but not limited to modification, distribution or reproduction and/or any other use of materials on this website is strictly prohibited and may lead to criminal and/or civil prosecutions in the UK and other countries.

Please contact us immediately if you suspect any part of this website infringes, in any way, any intellectual property rights belonging to you or a third party.

Cookies

Cookies are intended to improve the usability of a website. These are stored on the hard disk of the computer accessing the website. Cookies identify the user’s computer but not the individual user personally. If you do not wish to allow cookies to be active, select not to accept them in your browser software.

1. If you enter into a contract with any third-party site, we shall have no liability for any loss or damage you may suffer as a result of entering into such a contract. We do not in any way endorse any third-party website that you may be able to access via our website.

2. Links to this website are not to be created without prior written consent.

3. If a user accesses external sites via links found on this website, no responsibility is taken or representation given as to the information practices of that site.

Links
Links to external sites are not guaranteed to function correctly. From time to time links may “break” and can be reported to us via email. We have no control over the management and/or content of third-party websites. Use of external third-party sites is at your own risk and we have no liability whatsoever is taken by for the contents or information contained on any third-party site.

The Internet is host to various viruses and malicious programs, which are outside the control of any domain holder. We will, however, make reasonable endeavours to prevent any such scripts or programs from infecting communications we send.

No liability is accepted, to the maximum extent permitted by law, for any virus, malicious, or destructive code that affects equipment used by you as a result of accessing this website or via communications that you receive from us.

1. The facility to encrypt email directly sent from this website is not available although it may be available from the software installed your PC. We do not warrant that information sent via this website or using such software is protected from interception. As such the security of any information sent either to or from the website cannot be guaranteed.

2. Should any losses arise out of, or in connection with the use of this website our directors, employees affiliates, and other representatives will be not be held liable. This website and its contents are provided on an “as is” basis. No representations and/or warranties including but not limited to warranties of merchantability and/or fitness for a particular purpose of any kind concerning this website or its contents are made.

The information on this website is not warranted or represented as being accurate, complete, or current at the time of use.

The limitations of liability concerning this website apply to all damages of any kind, including, without limitation, compensatory, direct, indirect or consequential damages, loss of data, income, production or profit, loss of or damage to property and claims of third parties.

The limitations of liability in relation to this website do not limit our liability to the extent that it cannot be limited and/or excluded by applicable law. Your Internet service provider and telecom service provider may, as a result of your use of the Internet service levy telephone charges and/or general charges. You are liable for any charges. We accept no responsibility for any such charges that your Internet service provider and telecom service provider may demand.

Any rights not expressly granted by us are reserved.

Registered Office address:
SW19 Pilates, 202 Somerset Road, Wimbledon SW19 5JE

SW19 Pilates with Lisa Newsom Davis