1. These terms
1.1 What these terms cover. These are the terms and conditions on which we supply goods and/or services (Products) to you as a consumer. If you are business customer, these terms will not apply to you and you should read our Corporate Booking Terms of Business which are available on here. Please note, we do not offer corporate packages via our website and orders must be made to us directly.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide goods and services to you, how you and we may change or end the contract, 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.
2. Information about us and how to contact us
2.1 Who we are. We are Exe Nordic Walking a sole trader established in England and Wales. Our address is 3 Jennifer Close, Exeter, EX2 4RB. We are not VAT registered. Susan Holden is a qualified INWA Nordic Walking instructor and member of British Nordic Walking.
2.2 Our Insurances. We maintain Public Liability Insurance (Limit £10,000,000 any one occurrence), Product Liability Insurance (Limit £10,000,000 any one Occurrence and in the aggregate) and Professional Indemnity Insurance (Limit £5,000,000 any one occurrence and in the aggregate) with AXA XL in respect of activities as a Nordic Walking Instructor through our membership to British Nordic Walking CIC.
2.3 How to contact us. You can contact us by telephoning 07799 413237 or by writing to us at firstname.lastname@example.org or using the postal address above.
2.4 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 order.
2.5 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. Our contract with you
3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and not charge you for the product or refund any advance amount paid to us for the order. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for or because we have identified an error in the price or description of the product.
3.3 Your order number. 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.
3.4 We only sell to the UK. Our website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from addresses outside the UK.
4. Your order
4.1 Changes to the products by you. 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. 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.
4.2 Minor changes to the products by us. We may change the product from time to time to reflect changes in relevant laws and regulatory requirements; and to implement minor technical adjustments and improvements. These changes will not affect your use of the products.
4.3 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 colours 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.
4.4 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
4.5 Making sure your measurements are accurate. Your order may dependent on measurements you have given us, for example the length of a Nordic Walking Pole will be based on your height. You are responsible for ensuring that these measurements are correct. You can find information and tips on how to measure on our website or by contacting us.
4.6 When you become responsible for the goods. A product which is goods will be your responsibility from the time you or a carrier organised by you collect it from us.
4.7 When you own goods. You own a product which is goods once we have received payment in full.
5. Providing the products
5.1 When we will provide the products.
- If the products are goods. If the products are goods you will be responsible for collection of the goods. We will contact you with an estimated collection date. Delivery may be available at an additional cost and entirely at our discretion.
- If the products are one-off services. We will begin the services on the date agreed with you during the order process.
- If the products are ongoing services. We will supply the services until the services are completed 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.
5.2 We are not responsible for delays outside our control. If our supply of the products is delayed 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.
5.3 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example a completed Physical Activity Readiness Questionnaire (PARQ) and activities disclaimer. We will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or 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.
5.4 Reasons why we may suspend the supply of products to you. We may have to suspend the supply of a product:
- to deal with technical problems or make minor technical changes;
- to update the product to reflect changes in relevant laws and regulatory requirements;
- to make changes to the product as requested by you or notified by us to you;
- if adverse weather conditions (or forecasted weather warnings are issued by the Met Office) impede the safe supply of products to you;
- if you do not sign our activities disclaimer; and
- if in our sole opinion, your PARQ highlights a medical reason why you should not be permitted to take part in the services.
5.5 Your rights if we suspend the supply of products. 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. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, for 2 weeks or more and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
5.6 We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 6.4) and you still do not make payment within 5 business days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see clause 6.5).
5.7 Our Intellectual Property remains with us at all times. All Intellectual Property Rights in or arising out of or in connection with the services (other than Intellectual Property Rights in any materials provided by you) shall be owned by us.
6. Price and payment
6.1 Where to find the price for the product. The price of the product (which includes VAT)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 6.3 for what happens if we discover an error in the price of the product you order.
6.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
6.3 What happens if we got the price wrong. 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 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 require the return of any goods provided to you.
6.4 When you must pay and how you must pay. You must pay for the products via our website before we dispatch or perform them.
6.5 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 the Co-Operative Bank 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.
7. If there is a problem with the product
7.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us.
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.
8.2 Summary of your legal rights where a product is defective. We are under a legal duty to supply products that are in conformity with this contract. See the box 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.
If your product is goods, for example standard Nordic Walking poles, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
- Up to 30 days: if your goods are faulty, then you can get an immediate refund.
- Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
- Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
If your product is services, for example our Nordic Walking training course or taster session, the Consumer Rights Act 2015 says:
- You can ask us to repeat if it’s not carried out with reasonable care and skill or get some money back if we can’t fix it.
- If you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.
- If you haven’t agreed a time beforehand, it must be carried out within a reasonable time.
See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).
If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call us or email us to arrange for return or collection.
8.3 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 below the contract will end immediately and refund you in full for any products which have not been provided and you may be entitled to reasonable compensation not exceeding 100% of the cost of the relating product. The reasons are:
- we have told you about an upcoming material change to the product or these terms which you do not agree to;
- 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;
- we have suspended supply of the products for legal or regulatory reasons, or notify you we are going to suspend them for legal or regulatory reasons or
- you have a legal right to end the contract because of something we have done wrong.
8.4 Exercising your 14 day right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. We may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract. You do not have a right to change your mind in respect of:
- Special order personalised goods or goods made to a bespoke specification;
- leisure services arranged for a specific date or within a specific period; or
- services, once these have been completed, even if the cancellation period is still running.
8.5 Ending the contract where we are not at fault and you do not have a right to cancel.
Even if we are not at fault, you can still end the contract before it is completed but cancellation terms apply. If you want to end a contract before it is completed where we are not at fault, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but the following terms will apply:
- Cancellation terms for services:
We may deduct from that refund reasonable compensation as follows:
(i) 100% of the charges due in relation to the service where cancellation takes place within 24 hours of delivery of the service;
(ii) 50% of the charges due in relation to the service where cancellation takes place within 1 week of delivery of the service; or
(iii) 0% of the charges due in relation to the service where cancellation takes place at any other time.
This compensation is not intended to be a penalty reflects a genuine pre-estimate of our likely loss should the contract end at short-notice.
- Cancellation terms for goods:
Due to the specialist nature of the equipment we offer, there shall be no right to return goods once delivered to you where they are not faulty or misdescribed and no right to cancel exists.
9. How to end the contract with us (including if you have changed your mind)
9.1 Tell us you want to end the contract. To end the contract with us, please let us know by phone email or post using the information above or using our website.
9.2 Returning products after ending the contract. If you end the contract for any reason after products have been received by you, you must return them to us. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
9.3 When we will pay the costs of return. We will pay the costs of return:
- if he 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 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.
9.4 What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection.
9.5 How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment.
10. Our rights to end the contract
10.1 Adverse Weather. We reserve the right to cancel any service(s) under the Contract at any time due where it would be unreasonable to expect contract performance (such as poor weather conditions). Where such a cancellation occurs, we will not be liable for any costs or losses incurred by you arising out of the suspension, however customers will be offered the choice of cancellation of the contract (and a full refund of the fee paid to us) or another booking on a different date.
10.2 Circumstances when we may end the contract where you are at fault. We may end the contract for a product at any time by writing to you if:
- you do not make any payment to us when it is due and you still do not make payment within 5 days of us reminding you that payment is due;
- you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, the PARQ or activities disclaimer for each participant;
- you do not, within a reasonable time, allow us to deliver the products to you or collect them from us; or
- you do not, within a reasonable time, allow us access to your premises to supply the services.
In such circumstances, we will refund any money you have paid in advance for products we have not provided but we may, at our sole discretion, deduct or charge you reasonable compensation.
11. Our responsibility for loss or damage suffered by you
11.1 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, for example, if you discussed it with us during the sales process.
11.2 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 8.2; and for defective products under the Consumer Protection Act 1987.
11.3 We are not liable for business losses. We only supply the products for domestic and private use. If you use the 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.
12. How we may use your personal information
13. Other important terms
13.1 Language. These Terms and the Contract are made only in the English language.
13.2 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
13.3 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
13.4 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
13.5 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.
13.6 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 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.
13.7 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 products in the English courts.