Terms & Conditions
PLEASE REVIEW THESE SALES TERMS & CONDITIONS BEFORE COMPLETING A PURCHASE FOR A PRODUCT(S) FROM THIS PILATESEVO WEBSITE OR MOBILE VERSION (THE “WEBSITE”). THESE ARE THE TERMS AND CONDITIONS THAT APPLY TO YOUR PURCHASE OF ANY AND ALL PRODUCTS FROM THE WEBSITES (THE “MERCHANDISE”). YOU HEREBY AGREE TO THESE SALES TERMS AND CONDITIONS BY COMPLETING A PURCHASE OF MERCHANDISE, WHICH AS A PART OF SUCH PROCESS SHALL INCLUDE THE SELECTION OF A METHOD OF PAYMENT, AND YOUR ENTRY OF YOUR PAYMENT METHOD INFORMATION. IN CONNECTION WITH THE FOREGOING, YOU HEREBY AUTHORIZE PILATESEVO TO CHARGE THE SELECTED PAYMENT METHOD AND ITS ASSOCIATED PAYMENT ACCOUNT THAT YOU HAVE SPECIFIED FOR THE PURCHASE OF MERCHANDISE.
LEGAL AGE AND OTHER REQUIREMENTS
By completing a purchase of Merchandise through the Websites, you represent that you are at least the legal age of majority in the country in which you reside or are legally authorized, with any necessary consent of a parent or guardian, to agree to these Sales Terms and Conditions and fulfill any obligations in connection with such purchase. PilatesEVO reserves the right to verify the foregoing. At the time of delivery, any shipment containing Merchandise may require the signature of an adult possessing valid picture identification issued by a government agency.
You guarantee that all of the information you provide to us in connection with the order, including your name, physical address and email address, is accurate and complete.
The following applies to all types of Merchandise. You agree that your order to purchase Merchandise on the Website is an offer to purchase the Merchandise listed in your order. While we want everyone to be able to enjoy our Merchandise, we may, in our sole discretion, not accept an order or limit or cancel quantities purchased per person, per household or per order. We are entitled to verify an order in advance at all times and/or to refuse to accept an order without providing reasons and with no liability to you or any third parties. We may choose not to accept your order at our own discretion. Some reasons of when we may not accept your order include, but are not limited to, the following:
- Orders that, in our sole discretion, appear to be placed by dealers, resellers or distributors.
- Orders that appear to be shipped to a freight forwarding company for reshipment.
- Orders that cannot be processed as a result of incorrect or invalid billing, shipping or payment information. Be sure to double-check your information when placing an order. We cannot process orders for several reasons including, but not limited to:
- Incorrect credit or debit card information such as card number, expiration date and card security value;
- Incorrect payment method billing information (billing information provided must be the same as what your financial institution has on record); and/or
- Insufficient or incorrect shipping address such as street address, city, state/province, ZIP or postal code.
- Orders, in our sole discretion, that we suspect to be fraudulent. We reserve the right to cancel or not accept any order that we suspect to have been placed as a result of fraudulent activity. We further reserve the right to cancel or not accept subsequent orders from customers with a previous fraudulent order history.
- Orders connected to previous credit card disputes.
- If Merchandise is shown on the Website but is no longer available or if Merchandise shown on the Website contains an error (such as it is incorrectly priced or otherwise incorrectly described).
We fully reserve the right to refuse to accept any order that we know, or reasonably suspect was made with the assistance or involvement of any software, robot, crawler, spider or other automated means or device.
In the event we do not accept all or a portion of your order we shall be entitled to cancel all or a portion of your order without incurring any liability towards you or any third party. Following the cancellation, we will provide you with a refund for the amount paid to us under the cancelled portion of the order.
Any online products cannot be refunded once the file has been sent, accessed or viewed. Opening the training course, video or data file is full and final acceptance of the product. If a sample of such products is available for viewing prior to purchase, then this does not breach your consumer rights as long as the product access is of identical or similar content and quality as is advertised.
PilatesEVO offers several methods of payment for you to purchase Merchandise including, but not limited to, credit cards, debit cards, and PayPal. Some methods of payment are only available in certain countries.
Payments by Credit Cards and Debit Cards
Credit and debit cards make purchasing Merchandise easy. However, there are times when people may use the credit or debit card payment information of others without authorization. As a result, PilatesEVO reserves the right to request additional evidence or proof of billing information or other information associated with the credit or debit card account used to purchase Merchandise from any of the Websites. In the event that the requested evidence or proof is not provided or is insufficient, we reserve the right to refuse to accept the order.
Payments by PayPal
PayPal™ is an alternate method for purchasing Merchandise on the Websites. It enables any individual or business with an email address to securely send payments online. With a PayPal account, you can choose to pay with your credit card, debit card, bank account, or PayPal account balance for any purchase you make. Your credit card and bank numbers are never seen by PilatesEVO.
- If you select PayPal as your payment option, you will continue through the standard checkout process then automatically proceed to PayPal.com to complete your payment.
- Once you have been redirected to paypal.com, you will have 25 minutes to complete the payment before your order is cancelled.
Taxes, Shipping/handling, and Invoicing
All pricing set forth on the Websites is exclusive of applicable taxes (e.g., VAT) and shipping and handling charges. All orders are subject to any applicable taxes (e.g., VAT) on the purchase or delivery of the Merchandise and applicable shipping and handling charges.
Where we elect, or are required by applicable law, to issue or make available an invoice, we reserve the right to issue or make available electronic invoices and you agree to such form of invoicing. Accordingly, you expressly agree that upon completing a purchase of Merchandise on the Website, a VAT invoice will be sent to you in the form of a shipping confirmation email (to the email address you provided in your order).
Discounts and Promotions.
Any coupon or promotional code for a discount off of the price of any Merchandise must be used at the time you pay for your Merchandise. Coupon and promotional codes are subject to their terms and conditions and are NOT applicable to payments made for Merchandise already purchased. Any applicable discounts or promotional prices will be noted at the time of purchase on the checkout page for your order.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PILATESEVO DOES NOT ACCEPT OR ASSUME LIABILITY FOR YOUR USE OF ANY MERCHANDISE PURCHASED ON THE WEBSITES. FURTHER, IN NO EVENT WILL PILATESEVO OR ITS OFFICERS, DIRECTORS, MEMBERS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, OR AGENTS BE LIABLE TO ANY PARTY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RELATING TO A SALE OF MERCHANDISE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. PILATESEVO AND ITS AFFILIATES’ MAXIMUM LIABILITY FOR THE PURCHASE OF THE MERCHANDISE SHALL NOT EXCEED THE AMOUNT PAID FOR SUCH MERCHANDISE. IN SOME JURISDICTIONS, THE FOREGOING LIMITATIONS OF LIABILITY MAY NOT FULLY APPLY. ACCORDINGLY, IN SUCH JURISDICTIONS, THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Disclaimer of Warranties
Except as otherwise expressly provided by PilatesEVO, PilatesEVO makes no other warranty of any kind regarding the merchandise available for sale on the websites. all merchandise is otherwise provided on an “as is” and “as available” basis. In particular, to the maximum extent permissible by law, PilatesEVO expressly disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade.
If you have a complaint, this should be sent to PilatesEVO via e-mail to email@example.com.
APPLICABILITY OF ONLINE MATERIALS
Unless otherwise stated, text on our website is presented solely for your private, personal and non-commercial use. For Products that are downloadable, PilatesEVO grants you a non-exclusive, non-transferable license to use graphic files, audio files, video files and other software associated with such Products. It is your responsibility to ensure that your computer, equipment and software are of sufficient specification to enable you to download any Product that you purchase through our website. You assume responsibility and should damage be caused to your computer or you be inconvenienced in any other way, you and not PilatesEVO shall assume the entire cost of all damages which may result from any defect. You assume total responsibility and risk for your use of our website, use of all information contained within it and all materials you may download from it.
We have used our best endeavors to ensure that our website complies with United Kingdom law.
COPYRIGHT AND RESPONSIBILITY
The contents of our website and our Products are protected by international copyright laws and other intellectual property rights. The owner of these rights is PilatesEVO. All product and company names and logos mentioned in our website and on our Products are the trademarks, service marks or trading names of their respective owners, including us. You may download material from our website for the sole purpose of placing an order with PilatesEVO or using our website as a shopping resource. However, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from our website including but not limited to text, graphics, video, recordings, choreography, messages, code and/or software without our prior written consent, except where expressly invited to do so, for example in order to complete any test or questionnaire or as stated within the product description.
You acknowledge that all materials, literature, routines, and property contained in or relating to the Products are the sole property of PilatesEVO and you warrant that you shall not make copies of the Products or otherwise do anything that might prejudice the interest of PilatesEVO or any third-party sellers in the Product. You agree to fully indemnify PilatesEVO for any loss, cost or expense we incur if you or any third-party on whose behalf you use the Product act in breach of these warranties.
You acknowledge that it is your responsibility to choose a Product that is suitable for your purposes and if using a Product for professional purposes, that you have the appropriate training in order to deliver any associated activity safely. You represent and warrant that you discharge PilatesEVO, its agents, employees or representatives on a continuing basis from any and all liability from injuries or damages resulting from your use of the Products (including but not limited to use through performing, conducting, teaching or instructing) to the fullest extent permitted by law. This exclusion shall not cover death or personal injury caused by the negligence of PilatesEVO or its employees, agents or sub-contractors.
It is your responsibility to ensure that you are sufficiently fit, physically, mentally and emotionally, to undertake all components of PilatesEVO products. We recommend you obtain medical clearance from your GP prior to purchasing any of PilatesEVO products that encourage you to perform exercise or before commencing any of the exercises contained with the PilatesEVO products. You understand that the PilatesEVO products may encourage you to perform exercise and that the body’s reaction to exercise cannot always be predicted with accuracy. Furthermore, you acknowledge that there are risks involved in performing physical activity including but not limited to musculoskeletal strains, pain and injury, and that certain abnormal changes may occur during or following exercise which may adversely affect blood pressure, cause heart attack or even death.
You are required to conduct yourself in an appropriate manner during all dealings and correspondence with PilatesEVO. If you behave in a manner which, in the opinion of PilatesEVO, is threatening, abusive, offensive or otherwise unacceptable, PilatesEVO will have the right to bar you from using the website and refuse future dealings with you. You will remain liable to pay the price for Products you have purchased, and no refunds will be given. This statements conditions includes but are not limited to the On-Demand section of our website for both Workshop and class content.
DATA PROTECTION AND ADDITIONAL TERMS AND CONDITIONS
We may alter these terms and conditions from time to time and post the new version on our website, following which all use of our website will be governed by that version. You must check the terms and conditions on the website regularly.
These Terms and Conditions together with any order form and payment method instructions, if any, are your whole agreement in relation to PilatesEVO and any Products. You understand that any agreement to order or purchase PilatesEVO Products from or through our website will be an agreement between you and PilatesEVO. You acknowledge that you have not entered into this agreement in reliance upon any warranty or representation made by PilatesEVO or any other person and you waive any rights to damages/rescission you may have for misrepresentation (other than a fraudulent misrepresentation) that is not contained in these relevant Terms and Conditions, order form and payment method instructions.
If any provision or term of these Terms and Conditions shall become or be declared illegal, unlawful, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other Terms and Conditions and shall be deemed to be deleted from them.
These Terms and Conditions and your use of our website are governed by United Kingdom law and you submit to the non-exclusive jurisdiction of the British courts.
Causes beyond Control
Neither you nor PilatesEVO will be held liable for any failure to perform any obligation to the other due to causes beyond your or PilatesEVO’s respective reasonable control.
Failure by either party to exercise any right or remedy under this agreement does not constitute a waiver of that right or remedy.
All notices shall be given:
- to us via e-mail at firstname.lastname@example.org.
- to you at either the e-mail or postal address you provide during any ordering process.
Notice will be deemed received when an e-mail is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or 3 days after the date of posting.
These terms and conditions replace all other Terms and Conditions previously applicable to the use of our website.