TERMS OF SALE
TERMS AND CONDITIONS OF FITNESS ANALYSIS SERVICES
1.1 What these terms cover. These are the terms and conditions on which we supply services to you. They tell you who we are, how we will provide services to you, how you and we may change or end the contract, the extent of our responsibilities to you, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
1.3 Who we are. We are Biosportsfit Limited, a company registered in England and Wales with the registered number 09693066. Our registered office is at 194 Stanley Road, Teddington, Middlesex, TW11 8UE. Our registered VAT number is 218550611.
1.4 How to contact us. You can contact us in the following ways:
(a) via the functionality available on our website (biosportsfit.com);
(b) by telephoning our team on 0207 9657394 (Monday to Friday 9 – 5.30);
(c) by sending an email to firstname.lastname@example.org; or
(d) by writing to us at 1 Tyne House, Samuel Gray Gardens, Kingston-upon-Thames, Surrey, KT2 5UZ.
1.5 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 provide to us.
1.6 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes
2. Our Contract With You
2.1 What happens when you submit your order. Once you have submitted and paid for the service(s) that you want, that does not necessarily mean that we accept your order. In legal terms, your submission of an order is treated as an offer to buy the chosen service(s) and, as it is only an offer, we are entitled to reject it.
2.2 How we will accept your order. Our acceptance of your order will take place when we tell you in writing that we are able and willing to provide you with the service(s), at which point a contract will come into existence between you and us.
2.3 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will refund you for the service(s) you have ordered. This might happen because of unexpected limits on our resources, for which we could not reasonably plan, or because we have identified an error in the price or description of the service(s) you have ordered.
3. Changes To The Services
3.1 Changes by you. If you wish to make a change to the service(s) you have ordered, please contact us as soon as possible. We will let you know if the change is possible. If it is possible, we will let you know if it changes the price you have to pay, the time it will take to perform the service(s), or anything else which would be necessary as a result of your requested change and ask you to confirm whether you still wish to go ahead with the change.
3.2 Minor changes by us. We may make minor changes to the services and/or the contract in order to:
(a) reflect changes in relevant laws and regulatory requirements; and
(b) implement minor technical adjustments and improvements, for example to address a security threat.
These changes will not affect your use of the services.
3.3 More significant changes by us. We may make reasonable changes to the contract or the services, but if we do so we will notify you and you may then contact us to end the contract and receive a full refund before the changes take effect.
4. Providing The Products and Services
4.1 Disclaimer. We will provide a blood sampling and analysis service (through one of our approved associate clinics) and a fitness report. The fitness report provides an insight into your overall fitness level and gives an indication of your physical ability. It does not offer any opinion on your skill or suitability for a particular sport or activity.
While the report offers information that may help you to develop a more targeted fitness regime, we offer no guarantee that the use of our services will improve your fitness or health, and we are not responsible for any failure to achieve a certain level of fitness or to avoid certain diseases or health conditions.
Our services include passing your report to your doctor if the blood test reveals any abnormal results. Abnormal results can be caused by completely normal circumstances and are not necessarily an indicator of ill health. Equally, underlying health conditions may not affect your blood test results. The services do not include,and are not a substitute for, professional medical advice, diagnosis or treatment. If you have any concerns with the results of the report, you should seek professional medical advice.
4.2 Restrictions on sales. Please note that our services are only available to clients that are:
(a) based in the United Kingdom (excluding British Overseas Territories and Crown dependencies);
(b) over the age of ; and
(c) acting on their own behalf, for their own benefit, and not for the purposes of their business.
You may not order, and we will not provide, services if you do not satisfy the above criteria. If you have ordered services in violation of this clause 4.2, we will cancel your order and end the contract. In such circumstances, we may charge you a reasonable compensation under clause 7.6.
4.3 If you are an elite sportsperson. The standard report and associated services are intended to assist clients in improving fitness, not performance. It is therefore not anticipated to be of benefit for clients who are already sports fit or elite individuals. Such clients are advised to request an initial consultation with one of our doctors to develop a bespoke plan.
4.4 Products may vary slightly from their pictures. The images of our products on our website are for illustrative purposes only. While we do endeavour to display them accurately, we cannot guarantee that your computer or device’s display of the colours accurately reflects the actual colour of the products. Similarly the packaging of our products may vary from that shown in images on our website, but will nevertheless provide the same level of protection for the products.
4.5 When we will provide the products and services. Once we have accepted your order, we will send out the pinprick test. We aim (but do not promise) to get this to you within [7 days] of your order, and in any event no later than 30 days after your order.
Once you have submitted and your blood sample, we will endeavour to provide you with the fitness report within 14 days. However, this time limit is an estimate only and not a guarantee that we will provide your report within this time. We will contact you if delivery of your report is substantially delayed.
[If you require the products and/or services sooner than this, please contact us (using the details in clause 1.4) and we will try to expedite your order. We reserve the right to charge an additional fee for expediting an order.]
4.6 Delivery obligations. The sample pack [and fitness report] are sent by [recorded post] [and in packages which do not fit within a standard-sized letterbox]. This means that you will have to be at home to take delivery of the packages. If no one is available to take delivery, the package will either be sent to your local sorting office to be collected at a time that is convenient to you or you will be invited to contact us to rearrange delivery. If, after 30 days since sending out your packages, they have not yet been delivered, we reserve the right to end the contract and/or charge you for storage and re-delivery costs.
On delivery, you should examine the products for damage that may have occurred in transit. If you identify any damage, you must return the products to us promptly and we will provide you with a replacement. If the protective sealing of the pinprick kit is damaged or torn, do not use the kit and return it to us.
4.7 Your legal rights if we deliver goods late. You have legal rights if we deliver any goods late (subject to clause 4.8). If we miss the delivery deadline for any goods then you may treat the contract as at an end straight away if any of the following apply:
(a) we have refused to deliver the goods;
(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
(c) you told us before we accepted your order that delivery within the delivery deadline was essential.
4.8 We are not responsible for delays outside our control. If our performance of the services is affected 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 and/or the duration of the delay. Provided that we do this promptly on discovering the delay, we will not be responsible for any losses caused by the delay. If there is a risk of substantial delay, we will let you know and you may end the contract and receive a refund for any service(s) that you have paid for but not yet received.
4.9 We need information from you. In order to compile the fitness report and provide the most effective service that we can, we need you to give us:
(b) A satisfactory blood sample via our pinprick kit. Please follow all the instructions that come with the inprick kit in order to ensure a satisfactory blood sample. Once collected, please send the sample to our approved associate clinic using the pre-paid packaging provided with the kit.
4.10 What happens if you do not provide the required information. If you do not, within a reasonable time of us asking for it, provide us with a completed questionnaire and satisfactory blood sample as required by clause 4.9, or you deliberately provide us with incomplete or incorrect information, we may either:
(a) end the contract (see clause 7.5); or
(b) charge you a reasonable sum to compensate us for any extra work that is required as a result.
We will not be responsible for providing the services late, or for not providing any part of them, if this is caused by:
(a) you not giving us the information we need under clause 4.9 within a reasonable time of us asking for it; or
(b) any information you supply to us being incomplete, misleading or inaccurate in any respect.
You agree to reimburse us in full for any losses we incur as a result of the provision of incomplete, misleading or inaccurate information by you.
5. Price And Payment
5.1 Where to find the price. The price of our products and services will be the price set out on our website at the time of your order, unless we agree otherwise in writing.
5.2 What is included in the price. The stated price includes the cost providing you with the pinprick kit for collecting a blood sample, having that sample returned to one of our approved associate clinics to be tested, having the results of such testing analysed, and the preparation of the fitness report. If multiple blood samples are required, or if you request that the blood sample is taken from your chosen premises, we may charge an additional fee. All taxes and delivery charges are included in the stated price.
5.3 When you must pay and how you must pay. You must pay for the services when you order them via the website.
5.4 What happens the price is wrong. We take all reasonable care to ensure that the prices of services on our website are correct, however it is always possible that, despite our best efforts, some of the services we sell may be incorrectly priced. If we identify that a price is incorrect, please note the following:
(a) if the correct price at the date of your order is less than the advertised price, we will only charge you the lower amount and refund the extra;
(b) if the correct price at the date of your order is higher than the advertised price, we will contact you for your instructions before we accept your order (at which point you may cancel your order without charge); and
(c) if we accept and process your order where a pricing error is obvious and unmistakeable, and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and not perform the services.
5.5 We will pass on changes in the rate of VAT. If the rate of VAT changes between the date of your order and the date that we provide the services, we will adjust the rate of VAT that you pay, unless you have already paid for the services in full before the change in the rate of VAT takes effect.
5.6 We can charge interest if you pay late. If you do not make any payment to us by its 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.
6. If There Is A Problem
6.1 How to tell us about problems. If you have any questions or complaints about our products or services, please contact us (see clause 1.4 for our contact details).
6.2 Summary of your legal rights. The table below summarises your key legal rights in relation to our products and services. Nothing in these terms will affect these 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.citizensadvice.org.uk) or call their consumer helpline on 03454 04 05 06.
In respect of our products, we must provide products that are of satisfactory quality, fit for purpose and as described by us, otherwise you may:
In respect of our services, we must provide them:
6.3 Our guarantee in addition to your legal rights. We offer the following goodwill guarantee, which is in addition to your legal rights (as described in the table above) and does not affect them. In the unlikely event that there is any defect with our products or services:
(a) if remedying the defect is impossible, or cannot be done within a reasonable time or without significant inconvenience to you, we will refund the price you have paid;
(b) in all other circumstances we will use every effort to repair or fix any defect free of charge, without significant inconvenience to you, as soon as we reasonably can and, in any event, within 30 days. If we fail to remedy the defect by this deadline, we will refund the price you have paid.
7. Ending The Contract
7.1 Your right to cancel. You have a right to cancel the contract for a full refund (unless clause 7.2 applies) within 14 days of the date on which you receive our products. If you wish to cancel the contract, you should write to us at the postal and/or email addresses given in clause 1.4, clearly expressing your wish to cancel the contract and returning the relevant products.
7.2 Proviso to your right to cancel. For hygiene reasons, your right to cancel is lost if you open, or otherwise make use of, the pinprick kit.
7.3 Your right to end the contract for good reason. If you are ending the contract for a reason set out at sub-clauses (a) to (e) below, the contract will end immediately and we will refund you in full for any services which have not been provided, or have not been properly provided. The relevant reasons are:
(a) we have told you about an upcoming change to the services or these terms to which you do not agree (see clause 3.3);
(b) we have told you about an error in the price or description of the services you have ordered and you do not wish to proceed (see clause 5.4);
(c) there is a risk that the services may be significantly delayed because of events outside of our control (see clause 4.8);
(d) we suspend the services for technical reasons, or notify you that we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or
(e) you have a legal right to end the contract because of something we have done wrong.
7.4 What happens if you end the contract without a good reason. If you are not ending the contract for one of the reasons set out in clause 7.3, the contract will still end but we may charge you a reasonable compensation for the costs we will incur as a result of your ending the contract.
7.5 Our right to end the contract for good reason. We may end the contract at any time by writing to you if:
(a) you are not in compliance with clause 4.2;
(b) you do not make any payment to us when it is due, and you still do not make payment within 14 days of us reminding you that payment is due; or
(c) you do not, within a reasonable time of us asking for it, provide us with the information that is necessary for us to provide the services.
7.6 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 7.5, we will refund any money you have paid in advance for services we have not yet provided, but we may deduct or charge you a reasonable compensation for the costs we will incur, or have incurred, as a result of your breaking the contract.
8. Our Responsibility For Loss Or Damage Suffered By You
8.1 What we are responsible for. If we fail to comply with these terms, we are only responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract. 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 (e.g. if you discussed it with us during the sales process).
8.2 What we are not responsible for. Other than loss and damage that is not foreseeable, we are also not responsible for:
(a) business losses, such as loss of profits, revenue, business opportunity or reputation or business interruption; or
(b) losses caused by a third party (unless we have been negligent in appointing that third party).
8.3 Our maximum liability to you is capped. Subject always to clause 8.4, our maximum liability to you in connection with this contract will not exceed [what you paid for the services] in the aggregate.
8.4 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 as summarised at clause 6.2.
9. Your Personal Information
We would especially like to bring to your attention that we will be passing your information, some of which may constitute sensitive personal information, to certain third parties in order to perform the services in accordance with these terms. These third parties are:
(a) our approved associate clinics and laboratories, for the purposes of carrying out the blood test; and
(b) your doctor, in the event that your blood results are abnormal in some way.
10. Other Important Terms
10.1 Transfer of this contract by us. We may transfer our rights and obligations under these terms to another organisation. We will give you notice of such a transfer, but we do not require your approval to do it.
10.2 Transfer of this contract by you. You may only transfer your rights or your obligations under these terms to another person with our written consent.
10.3 No third party rights. This contract is between you and us only and no other person will have any rights to enforce any of its terms.
10.4 What happens if a court finds part of this contract illegal. Each clause in these terms operates
separately. This means that if any court or other relevant authority decides that any of them are unlawful, that clause will be deemed to be deleted from the contract, but the remaining clauses will remain in full force and effect.
10.5 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, that will not mean that you do not have to do those things, nor does it prevent us taking steps against you at a later date.
10.6 Disputes. We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with any part of our services, please contact us as soon as possible. If any dispute cannot be resolved using our internal complaints handling procedure, we will let you know that we cannot settle the dispute with you. You may then approach either of the following to seek a resolution:
(a) [our industry’s alternative dispute resolution provider]; or
(b) the online dispute resolution platform of the European Union (via their website: https://ec.europa.eu/consumers/odr).
10.7 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by the law of England and Wales. If you are resident in:
(a) England and Wales, you can bring legal proceedings in respect of the services in the courts of England and Wales;
(b) Northern Ireland, you can bring legal proceedings in respect of the services in the courts of Northern Ireland; and
(c) Scotland, you can bring legal proceedings in respect of the services in the courts of Scotland.