1.              These terms

1.1           What these terms cover. These are the terms and conditions on which we supply products to you on our website www.courtneyblack.co.uk, whether these are goods (for example our resistance bands or clothing) or digital content (for example our Fitness Guides (defined below)).

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 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.

2.              Information about us and how to contact us

2.1           Who we are. We are Courtney Black PT Ltd a company registered in England and Wales with company number 11664445 and our registered office is at Unit 8, Thrales Business Centre, Thrales End Lane, Harpenden, England, AL5.

2.2           How to contact us. You can contact us by writing to our customer service team at support@courtneyblack.co.uk.

2.3           How we may contact you. If we have to contact you, we will do so by writing to you at the email address or postal address you provided to us in your order. 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 us.

3.2           If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.

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.

3.4           We only sell to the UK. For the time being, our website is solely for the promotion of our products in the UK. Unfortunately, we do not currently accept orders from addresses outside the UK but we hope to be able to do so in the future.

4.              Our health warning

4.1           You acknowledge and agree that physical activity presents a risk of physical injury, especially if you already have injuries or underlying health issues. You should ensure that you adapt any physical activity or changes to your diet to reflect your level of personal fitness and to account for any injuries or illnesses that you have.  

4.2           The Fitness Guides (as defined at paragraph 5.2 below) promote physical activity and a healthy diet and are provided for information only. The content in the Fitness Guides is not intended to be taken as medical advice. Before engaging in any physical activity or making any changes to your diet or lifestyle, you should seek advice from a doctor and/or physio and/or nutritionist and/or dietician (as relevant).

4.3           If you have any concerns regarding your health or fitness whilst using our Fitness Guides, you should immediately stop any activity which is causing the concerns and contact your doctor straight away. If at any stage you feel overly uncomfortable, you should stop what you are doing to avoid potential injury.

4.4           If you currently have any underlying health issues, are pregnant, breastfeeding or have recently given birth or had surgery you should consult appropriate experts (e.g. a doctor and/or a physio) before using our Fitness Guides.

5.              Our products

5.1           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 colours accurately, we cannot guarantee that a device's display of colours accurately reflects the colour of the products.

5.2           Ownership of our fitness guides. We own and/or have appropriate licences in place for all content available on any of the fitness guides available on our website (Fitness Guides). All of the trademarks, logos, trade names, rights in domain names, copyrights, moral rights, design rights, database rights, rights in undisclosed or confidential information (such as know-how, trade secrets and other similar intellectual property rights (whether registered or not)) and applications for such rights as may exist anywhere in the world (collectively, Intellectual Property Rights) in the Fitness Guides are owned by us or our licensors.

5.3           Your licence to use our Fitness Guides. We grant you a limited, personal, non-transferable, non-sub-licensable, revocable licence to access and use our Fitness Guides for your own personal use. You may not copy, share, translate, sell, edit, transfer/assign, reproduce, republish, upload, re-post, modify, transmit, distribute, create derivative works from or otherwise use our Fitness Guides in any way for non-personal, public or commercial use nor allow any third party to do so through you or your device. Your licence shall terminate if you are in breach of these terms.

6.              Your rights to make changes

If you wish to make a change to a 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 (see paragraph 9 - Your rights to end the contract).

7.              Our rights to make changes

7.1           Minor changes to the products. We may change a product:

(a)               to reflect changes in relevant laws and regulatory requirements; and

(b)               to implement minor technical adjustments and improvements, for example to ensure that your Fitness Guide can be easily downloaded and read. These changes will not affect your use of a product.

7.2           More significant changes to the products and these terms. In addition, we may make the following changes to a product you have ordered, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received:

(a)               changes to the colour or style of our clothing;

(b)               changes to our fitness equipment; and

(c)                significant changes/overhauls of our Fitness Guides.

7.3           Updates to digital content. We may update digital content, provided that the digital content shall always broadly match the description of it that we provided to you before you bought it.

8.              Providing the products

8.1           Shipping costs. The costs of shipping will be as displayed to you on our website.  You will pay the cost of shipping.  If the products never arrive at the shipping address you gave us when placing your order, we will refund the shipping costs.

8.2           When we will provide the products. During the order process we will let you know when we will provide the products to you.

(a)               If the products are goods. If the products are goods we will contact you with an estimated delivery date.

(b)               If the product is a one-off purchase of digital content. We will make the digital content available for download when we accept your order.

8.3           We are not responsible for delays outside our control. If our supply of any products is delayed by an event outside our control, then we will contact you 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.

8.4           If you are not at home when the product is delivered. If no one is available at your shipping address to take a delivery and the product(s) cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the product(s) from a local depot.

8.5           If you do not re-arrange delivery. If you do not collect the product(s) from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect the product(s) from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further shipping costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract with you.

8.6           When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to the shipping address you gave us.  A product which is digital content will be your responsibility from the time you download it.

8.7           When you own goods. You own a product once we have received payment in full.

8.8           What will happen if you do not give required information to us. We may need certain information from you so that we can supply products to you, e.g. your name, billing address, postal address. This will have been stated on our website when you purchase the relevant products. 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 end the contract with you. We will not be responsible for supplying products late or not supplying any part of a product if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

8.9           We may suspend the supply of products if you do not pay. If you do not pay us for products when you are supposed to or we have been unable to take payment for the products (see paragraph 13.4) we may suspend the supply of the relevant products until you have paid us the outstanding amounts.

9.              Your rights to end the contract

9.1           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 misdescribed 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 paragraph 12;

(b)               If you want to end the contract because of something we have done or have told you we are going to do, see paragraph 9.2;

(c)               If you have just changed your mind about purchasing the product, see paragraph 9.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods.

9.2           Ending the contract because of something we have done or are going to do. If you are ending a contract for one of the specific reasons set out at (a) to (d) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The specific reasons are:

(a)               we have told you about an upcoming change to a product or these terms, which you do not agree to (see paragraph 7.2);

(b)               we have told you about an error in the price or description of a 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; or

(d)               you have a legal right to end the contract because of something we have done wrong.

9.3           Exercising your 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. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail below.

9.4           When you don't have the right to change your mind about purchasing the product. You do not have a right to change your mind in respect of:

(a)               digital products after you have started to download or stream these e.g. our Fitness Guides;

(b)               products sealed or packaged for health protection or hygiene purposes, once these have been opened e.g. using our water bottles or exercising in our clothing.

9.5           How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered.

(a)               Have you bought digital content for download or streaming (for example, one of our Fitness Guides)? If so, you have 14 days after the day we email you to confirm we accept your order, or, if earlier, you have until you start downloading or streaming the product. We deliver digital content to you immediately, and by placing your order on the basis of these terms you agree to this. You will therefore not have a right to change your mind once we have delivered the digital content.

(b)               Have you bought goods (for example, clothing or resistance bands)? If so you have 14 days after the day you (or someone you nominate) receives the goods, unless your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.

10.           How to end the contract with us (including if you have changed your mind)

10.1         Tell us you want to end the contract. To end the contract with us, please let us know by contacting us using the details provided at paragraph 2.2 above.

10.2         Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must post them back to the address provided at paragraph 2.1 above. If you are exercising your right to change your mind you must send us the goods within 14 days of telling us you wish to end the contract.

10.3         When we will pay the costs of return. We will pay the costs of return:

(a)               if the products are faulty or misdescribed;

(b)               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.

In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.  

10.4         How we will refund you. We will refund you the price you paid for any products including shipping costs, by the method you used to pay for the products. However, we may make deductions from the price, as described below.

10.5         Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:

(a)               We may reduce your refund of the price of the products (excluding shipping costs) to reflect any reduction in the value of the goods, if this has been caused by your handling or using 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 goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.

(b)               The maximum refund available for shipping costs will be the costs of shipping by the least expensive shipping method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper shipping option.

10.6         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:

(a)               If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product 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 a product to us, see paragraph 10.2.

(b)               In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.

11.           Our rights to end the contract

11.1         We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:

(a)               you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;

(b)               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, postal address; or

(c)                you do not, within a reasonable time, allow us to deliver the products to you.

12.           If there is a problem with the product

12.1         How to tell us about problems. If you have any questions or complaints about the product, please contact us using the details provided at paragraph 2.2.

12.2         Summary of your legal rights. We are under a legal duty to supply products that are in conformity with these terms. 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.

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