OUR TERMS & CONDITIONS
1. THESE TERMS
1.1 These are the terms and conditions (the “terms” or the “contract”) on which we supply products to you, namely digital content through our subscription service and any other services provided on or through our site. Please read these terms carefully before you submit any order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
1.2 Please note that if you purchase goods from or through our Shop pages, you will be redirected to the actual provider and seller of the relevant products that you purchase through that page and the actual provider’s terms and conditions of sale will apply. We accept no liability for any such purchases or sales or any losses you may suffer as a result. The Shop page of our site merely provides a convenient way for you to access Breaking Ballet branded goods sold by third parties.
1.3 You agree that it is your responsibility to judge your physical and mental capabilities for practising physical exercise, including any exercise or activity shown on this site or in our products. You will not exceed your limits in using our site or following any activity or instruction shown on it or in our products. You understand that, from time to time instructors may suggest physical adjustments, movements or modifications or the use of equipment and it is your sole responsibility to determine if any such suggested adjustment, movement or modification or equipment is appropriate for your level of ability and physical and mental condition.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 PEARLPENNY LIMITED (“we” or “us”) is a company registered in England and Wales. Our company registration number is 10405376 and our registered office is at 39 Falconers Field, Harpenden AL53EU.
2.2 You can contact us by writing to us using the Contact page on the site.
2.3 If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 When we use the words "writing" or "written" in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.2 Our website is solely for the promotion of our products in the UK.
3.3 Our site is not directed to anyone under eighteen (18) years of age and by visiting and using this site you warrant and represent that you are over 18 years of age and have capacity to enter into this contract. You also agree to: (a) provide true, accurate, current and complete information about yourself when information is required or requested and (b) keep such information up to date. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that you have done so, we reserve the right to suspend or terminate your use of the site and products at any time.
3.4 You may access our site and content for your information and personal use and, when you purchase a subscription product, for streaming that content (i.e. viewing a digital transmission of an audiovisual work via the Internet on your device such that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by you). Accessing our subscription products for any purpose or in any manner other than streaming is expressly prohibited and constitutes a material breach of these terms entitling us to terminate our contract with you with immediate effect, including any rights of access to subscription products and services, without any reimbursement of any sums paid by you.
3.5 You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify us of any unauthorised use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with these terms. You must not allow others to use your user information or password to access any subscription products. To do so will entitle us to terminate this contract with immediate effect without any reimbursement of any sums paid by you for any products.
3.6 Excessive viewings or logins to our subscription products will be construed as fraudulent use, which will result in the immediate cancellation of access without refund. You agree to take all actions possible to protect your username and password from fraudulent use.
4.1 If we are unable to accept your order, we will inform you in writing and will not charge you for the product. This might be because of unexpected limits on our resources which we could not reasonably plan for, because of technical issues or because we have identified an error in the price or description of the product.
4.2 We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
5. YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. In the case of our subscription services, it is unlikely that you will be able to make a change once access has been provided to you. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8 below).
6. OUR RIGHTS TO MAKE CHANGES
6.1 We may change any product:
(a) to reflect changes in relevant laws and regulatory requirements (for example any change that prevents us supplying or providing products in the manner we had previously provided them); or
(b) to implement minor technical adjustments and improvements, for example to address a security threat.
6.2 We may update or require you to update digital content, provided that the digital content shall always materially match the description of it that we provided to you before you bought it.
7. PROVIDING THE PRODUCTS
7.1 Subscription to receive digital content: We will supply the product to you until the subscription expires (if applicable) or you end the contract as described in clause 8 or we end the contract by written notice to you as described in clause 10 or elsewhere in this contract (e.g. clauses 3.3-3.6).
7.2 We are not responsible for delays outside our control. If our supply of the products is delayed, suspended or prevented by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
7.3 We may need certain information from you so that we can supply the products to you, for example, your name, address and payment-related information. If so, this will have been stated in the description of the products on our website or during the order process. If you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7.4 We may have to suspend the supply of a product to:
(a) deal with technical problems or make minor technical changes;
(b) update the product to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the product as notified by us to you (see clause 6).
7.5 We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product’s availability, we will extend any online subscription to ensure that the period of actual availability matches the period for which you have purchased the subscription.
8. YOUR RIGHTS TO END THE CONTRACT
8.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
(a) If what you have bought is faulty or mis-described you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back), see clause 11;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
(c) If you have just changed your mind about the product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;
(d) In all other cases (if we are not at fault and there is no right to change your mind), see clause 8.6.
8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided at all. The reasons are:
(a) we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6.2);
(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the products may be significantly delayed because of events outside our control;
(d) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 7 days; or
(e) you have a legal right to end the contract because of something we have done wrong.
8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For some products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
8.4 You do not have a right to change your mind in respect of digital products after you have started to download or stream these.
8.5 How long do I have to change my mind? You have 14 days after the day we email you to confirm we accept your order for a subscription of our digital content, or, until you start downloading or streaming if that is sooner than 14 days. If we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.
8.6 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 8.1), you can still end the contract before it is completed. A contract for digital content is completed when the product is delivered, downloaded or streamed and paid for. If you want to end the contract in these circumstances, just contact us to let us know. The contract will not end until 1 week after the day on which you contact us. We will refund any advance payment you have made for products which will not be provided to you. For example, if you tell us you want to end the contract on 4 February we will continue to supply the product until 11 February. We will only charge you for supplying the product up to 11 February and will refund any sums you have paid in advance for the supply of the product after 11 February.
9. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
9.1 To end the contract with us, please let us know by contacting us through the Contact page providing your name, address, details of the order (including order number) and, where available, your phone number and email address.
9.2 How we will refund you. We will refund you the relevant price, by the method you used for payment. However, we may make deductions from the price, as described in these terms.
9.3 We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind.
10. OUR RIGHTS TO END THE CONTRACT
10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 (and subject to clause 3) we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you for reasonable compensation for the loss, damage, time and/or costs we will incur as a result of your breaking the contract as compensation for the net costs we will incur as a result of your breaking the contract.
10.3 We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know at least 7 days in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
11. IF THERE IS A PROBLEM WITH THE PRODUCT
11.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us.
11.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
As your product is digital content, namely a subscription to our fitness programme(s), the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:
if your digital content is faulty, you're entitled to a repair or a replacement.
if the fault can't be fixed, or if it hasn't been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back
if you can show the fault has damaged your device and we haven't used reasonable care and skill, you may be entitled to a repair or compensation
See also clause 8.3.
See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).
12. PRICE AND PAYMENT
12.1 Where to find the price for the product. The price of the product will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the product you order.
12.3 It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and could reasonably have been recognised by you as a mispricing, we may end the contract and refund you any sums you have paid.
12.4 We accept payment via Stripe. You must pay for the products at the point of sale and before the content is made available to you.
12.5 If you think an invoice is wrong please contact us promptly (using the Contact page) to let us know.
13. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
13.1 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. 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.
13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 11.2; and for defective products under the Consumer Protection Act 1987.
13.4 We are not liable for business losses. We only supply the products for domestic and private use. If you use the site or products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity or any consequential loss not otherwise excluded above.
14. HOW WE MAY USE YOUR PERSONAL INFORMATION
14.1 We will use the personal information you provide to us:
(a) to supply the products to you;
(b) to process your payment for the products; and
(c) if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
15. OTHER IMPORTANT TERMS
15.1 We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 7 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.
15.2 You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. You may never transfer your right to access digital content pursuant to any paid subscription.
15.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
15.4 Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.5 If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
15.6 These terms (and any non-contractual rights and obligations arising out of or in connection with these terms) are governed by English law. You can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
OTHER TERMS TO CONSIDER
15.9 To the extent permitted by law, you expressly waive and release any claim that you may have at any time for injury of any kind against any person (including without limitation our officers, employees, directors, instructors, agents and representatives) other than PEARLPENNY LIMITED.
15.10 You agree that your use of the website shall be at your sole risk. To the fullest extent permitted by law and save as expressly provided to the contrary, PEARLPENNY LIMITED, its officers, directors, employees and agents disclaim all warranties, express or implied, in connection with our site and your use of it. We make no warranties or representations about the accuracy or completeness of our site’s content or the content of any websites linked to this site and we assume no liability or responsibility for and you agree that we and they shall have no liability for any (i) errors, mistakes, or inaccuracies of content, (ii) damage resulting from your access to and use of our website, (iii) any unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our website, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our website by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the website.
15.11 To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless PEARLPENNY LIMITED and its officers, directors, employees, representatives and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to reasonable legal fees and costs) arising from: (i) your use of and access to the site and our products; (ii) your violation of any term of this agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that any content submitted by you caused damage to a third party.