OUR TERMS AND CONDITIONS FOR THE SUPPLY OF PRODUCTS AND SERVICES
- THESE TERMS
- What these terms cover. These are the terms and conditions on which we supply Services and/or Products to you. These terms tell you who we are, how we will provide Services and/or 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.
- Why you should read them. Please read these terms carefully before you submit your booking to us. These terms constitute a binding and enforceable contract between us and you in relation to the use of our Services. By buying Services or Products from us, you accept these terms and conditions and they will form a binding contract between you and us.
- INFORMATION ABOUT US AND HOW TO CONTACT US
- Who we are. We are Just Swim Limited a company registered in England and Wales. Our company registration number is 09819401 and our registered office is at 3 Peckitt Street, York, United Kingdom, YO1 9SF.
- How to contact us. You can contact us by telephoning 07854 157366 or by emailing us at [email protected]
- How we may contact you. 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 booking. When we use the words “writing” or “written” in these terms, this includes emails.
- OUR CONTRACT WITH YOU
- How we will accept your booking. Our acceptance of your booking will take place when we send a confirmation email to you, at which point a contract will come into existence between you and us.
- If we cannot accept your booking. Bookings via our website shall be on a first-come, first-serve basis. If we are unable to accept your booking, we will inform you of this and will not charge you for the Services and/or Products (as applicable). This might be because of unexpected limits on our resources which we could not reasonably plan for, for example a change in resource or pool closure.
- OUR PRODUCTS AND SERVICES
- Our Services and Products. We are a swim school and we provide swimming lessons and other related services (the “Services”). We also sell related goods on our website (the “Products”).
- Products may vary slightly from their pictures. The images of the Products on our website are for illustrative purposes only. Although we have made every effort to display the colour accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the Products. Your Product may vary slightly from those images.
- PROVIDING OUR SERVICES AND PRODUCTS
- When we will supply our Services. The start date, start time, course, session duration and pool venue will be confirmed in writing on the booking confirmation that will be sent to you prior to the commencement of the Services. We will provide Services to you on these terms.
- Delivery of Products. We will deliver Products to you as soon as reasonably possible and in any event within 30 days after the date on which we accept your order.
- We are not responsible for delays outside our control. If our supply of Products is delayed by an event outside of 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 a substantial delay you may contact us to end the contract and receive a refund for any Products you have paid for but not received.
- We are not responsible for any events outside our control. If our supply of Services is delayed or cancelled by an event outside our control then we will contract you as soon as possible to let you know and we will take steps to minimise the effect of the delay or cancellation. Provided we do this, we will not be liable for any delays or cancellations caused by the event. Examples of events outside our control include pool closures for reasons such as maintenance, adverse weather conditions or other incidents. We may, at our sole discretion and only where it is feasible for us, issue you with a credit note for any Services that are delayed or cancelled as a result of such an event.
- We may suspend the Services if you do not pay. If you do not pay us for the Services when you are supposed to, we may suspend supply of Services to you until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of Services.
- YOUR RIGHTS TO MAKE CHANGES
- If you wish to make a change to the Services you have booked, please contact us. We may, at our sole discretion and only where it is feasible for us, try to accommodate any changes to dates, timings or lessons you request and will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Services or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to proceed.
- OUR RIGHTS TO MAKE CHANGES
- We may make changes to these terms or the Services prior to commencement of Services but, if we do so, we will notify you in advance of the change. You may contact us to end the contract before the commencement of the Services.
- YOUR RIGHTS TO END THE CONTRACT
- 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:
- if what you have bought is faulty or misdescribed, you may have a legal right to end the contract (or have the Product replaced);
- 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);
- if you have just changed your mind about the Products that have been added on our website, see clause 8.3. You may be able to get a refund if you are within the cooling off period. The cooling off period applies in relation to Products ordered on our website only and it does not apply in relation to the swimming classes that are booked on our website; and
- in all other cases (if we are not at fault and there is no right to change your mind).
- Ending the contract because of something we have done or are going to do. If you are ending a contract for any reason set out at 8.2.1 to 8.2.4 below the contract will end immediately and we will refund you in full for any Products which have not been provided. The reasons are:
- we have told you about an upcoming change to the Products, Services or these terms which you do not agree to;
- we have told you about a change in the price or description of the Products or Services that you have ordered and you do not wish to proceed;
- there is a risk that the supply of the Products or Services may be significantly delayed because of events outside our control; or
- you have a legal right to end the contract because of something we have done.
- Exercising your right to change your mind (Consumer Contract Regulations 2013). For most Products bought online you have a legal right to change your mind within 14 days and receive a refund. You do not have a right to change your mind in relation to Services that are ordered via our website.
- How long do I have to change my mind? In relation to Products that are purchased on our website, you have 14 days from the date that you receive the Products.
- When you don’t have the right to change your mind. You do not have a right to change your mind in respect of:
- Services that are purchased on our website as we set aside specific capacity in relation to those Services. The Consumer Contract Regulations 2013 recognise that such Services are exempt from the right to change your mind; or
- Products, when they have been sealed for health, protection or hygiene purposes, once they have been unsealed.
- 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, you may be able to end the contract before it is completed, but you may have to pay compensation.
- HOW TO END YOUR CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
- Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
- Phone or email. Call 07854 157366 or email us at [email protected]. Please provide your name, home address, details of the booking or order and, where available, your phone number and email address.
- By post. Print off the form at Schedule 1 and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
- Returning products to us. If you end the contract for any reason after the Products have been dispatched to you or you have received them, you must return them to us. You must post back the Products to us at 3 Peckitt Street, York, United Kingdom, YO1 9SF. Please call us on 07854 157366 or email us at [email protected] for a return label or to arrange collection. If you are exercising your right to change your mind you must send off the Products within 14 days of telling us you wish to end the contract.
- When we will pay the costs of return. We will pay the costs of return:
- if the Products are faulty or misdescribed;
- if you are ending the contract because we have told you of an upcoming change to the Product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or
- in all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
- Deductions from refunds. If you are exercising your right to change your mind:
- we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Products, if this has been caused by you handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the Products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount; and
- the maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.
- When your refund will be made. 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 from the day on which we receive the Products back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return Products to us, see clause 9.2.
- OUR RIGHTS TO END THE CONTRACT
- We may end the contract if you break it. We may end the contract at any time by writing to you if:
- you do not make any payment to us when it is due; or
- you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Services, for example a completed medical form.
- You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1, we will refund any money you have paid in advance for the Services that we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
- IF THERE IS A PROBLEM WITH THE PRODUCTS OR SERVICES
- How to tell us about problems. If you have any questions or complaints about our Services, please contact us. You can contact us by telephoning 07854 157366 or by writing to us at [email protected].
- PRICE AND PAYMENT
- Where to find the price for the Products or Services. The price of the Products or Services (which includes VAT) will be the price set out on our website, unless we have agreed another price in writing.
- When you must pay and how you must pay. You must pay for Products when they are ordered online. You must pay for Services in advance when a booking is made.
- We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
- OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
- We are responsible to you for foreseeable loss and damage caused by us. 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.
- 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 Services.
- We are not responsible for your property. You agree that any property left at the venue during the supply of Services is done so at your own risk. We will not be held liable for any loss or damage to your property.
- HOW WE MAY USE YOUR PERSONAL INFORMATION
- OTHER IMPORTANT TERMS
- We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract OR We will contact you to let you know if we plan to do this.
- Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
- If a court finds part of this contract illegal, the rest will continue in force. 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.
- Even if we delay in enforcing this contract, we can still enforce it later. 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, which will not mean that you do not have to do those things or 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 Services, we can still require you to make the payment at a later date.
- Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the Services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Services in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the Services in either the Northern Irish or the English courts.
- Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution
Model Cancellation Form
(Complete and return this form only if you wish to withdraw from the contract)
To Just Swim Limited, company registration number 09819401, 3 Peckitt Street, York, United Kingdom, YO1 9SF.
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following Products [*],
Ordered on [*]/received on [*],
Name of consumer(s):
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate