OTHER APPLICABLE TERMS
If you purchase goods from our site, our Terms and conditions of supply will apply to the sales.
INFORMATION ABOUT US
www.tritrainingharder.com is a site operated by Tri Training Harder LLP ("We"). We are registered in England and Wales under company number OC356565 and with our registered office and main trading address at Cedar House, Abingdon Road, Tubney, Abingdon, Oxfordshire OX13 5QQ. Our VAT number is VAT GB 140 128 948. We are a limited liability partnership.
CHANGES TO THESE TERMS
Please check this page from time to time to take notice of any changes we made, as they are binding on you.
CHANGES TO OUR SITE
We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.
We do not guarantee that our site, or any content on it, will be free from errors or omissions.
ACCESSING OUR SITE
Our site is made available free of charge.
We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our site.
YOUR ACCOUNT AND PASSWORD
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at firstname.lastname@example.org.
INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
NO RELIANCE ON INFORMATION
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.
LIMITATION OF OUR LIABILITY
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
• use of, or inability to use, our site; or
• use of or reliance on any content displayed on our site.
If you are a business user, please note that in particular, we will not be liable for:
• loss of profits, sales, business, or revenue;
• business interruption;
• loss of anticipated savings;
• loss of business opportunity, goodwill or reputation; or
• any indirect or consequential loss or damage.
If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods by use to you, which will be set out in our Terms and conditions of supply (http://www.tritrainingharder.com/index.php?route=information/information&information_id=5) .
We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
LINKING TO OUR SITE
Our site must not be framed on any other site, nor may you create a link to any part of our site without our prior written consent and provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our site in any website that is not owned by you.
We reserve the right to withdraw linking permission without notice.
If you wish to make any use of content on our site or link to any part of our site, please contact email@example.com.
THIRD PARTY LINKS AND RESOURCES IN OUR SITE
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.
We have no control over the contents of those sites or resources.
“TRI TRAINING HARDER” is a European registered trade marks of Tri Training Harder LLP.
To contact us, please email firstname.lastname@example.org.
Thank you for visiting our site.
WE ARE PROVIDING YOU COACHING SERVICES AT YOUR REQUEST TO ASSIST YOU IN IMPROVING YOUR ABILITY TO REACH YOUR AIMS AS AN ATHLETE/TRIATHLETE. YOU ARE RESPONSIBLE FOR YOUR OWN PERSONAL IMPROVEMENT, ABILITY AND SAFETY. TRIATHLON INSURANCE (INCLUDING TRAINING), PERSONAL ACCIDENT AND CANCELLATION INSURANCE IS RECOMMENDED.
1.1 When the following words with capital letters are used in these Terms, this is what they will mean:
(a) Event Outside Our Control: is defined in clause 12.3;
(b) Booking: your order for the Services completed by You submitting the booking form via Our website together with any amendments confirmed by Us to You (if any);
(c) Services: the services that We are providing to You as set out in the Booking;
(d) Terms: the terms and conditions set out in this document;
(e) We/Our/Us: Tri Training Harder LLP a limited liability partnership registered in England and Wales under company number OC356565 and with Our registered address at Cedar House, Abingdon Road, Tubney, Abingdon, Oxfordshire OX13 5QQ; and
(f) You/Your: the person or persons listed on the Booking.
1.2 When We use the words "writing" or "written" in these Terms, this will include e-mail unless We say otherwise.
1.3 Where the expression “You” refers to two or more persons, the obligations or rights expressed relate to directly to each individual forming You, the client.
1.4 Unless the context otherwise requires, words in the singular shall include the plural and words in the plural shall include the singular.
2. OUR CONTRACT WITH YOU
2.1 These are the terms and conditions on which We supply Services to You.
2.2 Please ensure that You and, where applicable, each person listed on the Booking, have read these Terms carefully, and check that the details on the Booking and in these Terms are complete and accurate, before You submit the Booking. If You think that there is a mistake or require any changes, please contact Us to discuss. We will confirm any changes in writing to avoid any confusion between You and Us.
2.3 When You submit the Booking to Us, this does not mean We have accepted your order for Services. Our acceptance of the Booking will take place as described in clause 2.4 below. If We are unable to supply You with the Services, We will inform You of this in writing and We will not process the Booking.
2.4 These Terms together with the Booking will become binding on You and Us when We issue You with a written acceptance of a Booking, at which point a contract will come into existence between You and Us.
2.5 If any of these Terms conflict with any term of the Booking, these Terms will take priority.
2.6 We shall assign a booking reference to Your Booking and inform You of it when We confirm the Booking. Please quote Your Booking reference in all subsequent correspondence with Us relating to Your Booking.
3. CHANGES TO BOOKING OR TERMS
3.1 We may revise these Terms or the Booking from time to time in the following circumstances:
(a) changes in relevant laws and regulatory requirements; or
(b) whilst unusual, amendments to Your Booking.
3.2 If We have to revise these Terms under clause 3.1(a), We will give You at least one month's written notice of any changes to these Terms before they take effect. If We amend the Booking under clause 3.1(b), We will notify You as soon as reasonably practicably of any such amendments to the Booking. If the amendment is a material amendment which causes You a significant change to Your Booking, You can choose to cancel the contract in accordance with clause 13.
3.3 The information and the training holidays outlined in our literature and on Our website are designed to be illustrative only in order to explain the scope and type of activities You may undertake during the training holiday. Due to the very nature of the training holidays being designed to meet the abilities; physical fitness and aims of both Yours and Our other clients participating in the training holidays, it is unlikely that any one training holiday could be or would be precisely as published.
3.4 You may make a change to the Booking for Services any time prior to the arrival date set out in the Booking by contacting Us in writing. Whilst We will endeavour to meet Your requirements, We cannot guarantee We will be able to meet all requests.
3.5 Where You are prevented from attending the training holiday, We will agree to Your Booking being transferred to a named individual introduced by You who satisfies all the conditions applicable to Your Booking and whom has not been asked by Us to leave a previous training holiday, Subject always to both persons accepting joint and several liability for full payment of the Booking price and Our charges for confirming the transfer and any additional costs arising from the transfer including any difference in price applicable to You but not the person to whom Your Booking is transferred to. We must be given reasonable notice of the transfer request, which is considered to be at least 14 days prior to Your arrival date.
3.6 Where a request under this clause means a change in the total price of the Services, We will notify You of the amended price in writing. You can choose to cancel the Booking in accordance with clause 13 in these circumstances.
3.7 If You wish to cancel a Booking before it has been fulfilled, please see your rights to do so in clause 13.
4. PROVIDING SERVICES
4.1 We will supply the Services to You from the arrival date until Your departure date, each date as set out in Your Booking.
4.2 We will need certain information from You that is necessary for Us to provide the Services, for example, details of Your flight arrival and departure times, any special dietary requirements and any medical conditions which may impact on Your ability to partake in the coaching activities. We will contact You in writing about this. If You do not, after being asked by Us, provide Us with this information, or You provide Us with incomplete or incorrect information, We may make an additional charge of a reasonable sum to cover any extra work that is required. We will not be liable for any delay or non-performance where You have not provided this information to Us after We have asked.
4.3 The abilities; physical fitness and aims of each participant on Your training holiday and the weather are all factors which can influence the Services and what can reasonably be achieved during Your training holiday. Taking these factors into account and the aims of the training holiday as described in Our literature, the Head Coach will construct the best coaching programme possible. The Head Coach may review and alter the programme as the training holiday progresses in response to the changing influence of these factors.
4.4 We may also have to adjust the coaching programme forming part of the Services if, for example we are unable to access the facilities to undertake the coaching and/or if a coach is taken ill. In such circumstances We will do our very best to make suitable alternative arrangements. We will contact You promptly to let You know in advance where this occurs.
4.5 We will make every effort to provide the Services. However, there may be delays due to an Event Outside Our Control. See clause 11 for Our responsibilities when an Event Outside Our Control happens.
4.6 If You do not pay Us the balance of the price for Your Booking on time as set out in clause 9 we shall cancel your Booking or, if the amounts outstanding relate to additional extras for Your Booking, We shall cancel such additional extras and retain as much of the payment made by You as is needed to cover Our reasonable costs and losses caused by such cancellation. We will contact You to tell You this. We shall take all reasonable steps to keep costs and losses to a minimum.
5.1 You are required to have due consideration for other people both on the training holiday and in the locality and in doing so, You must refrain from any conduct which may cause distress, danger, offence, annoyance and/or damage to any person or which risks damage to property belonging to others. Failure to do so, may lead to You being personally liable to such third party or the owner of the property.
5.2 If in Our reasonable opinion We believe You are in breach of Your obligation in clause 5.1, We reserve the right to take appropriate action in order to ensure the safety and comfort of Uur clients and their property and that of Our agents and suppliers, including terminating Your Services with immediate effect.
5.3 In exercising our rights under clause 5.2, if We terminate Your Services under this contract, Our obligations under this contract to You (including any transfers arrangements) will immediately cease and We will not be responsible for any costs or expenses You may incur as a result nor will We make any refunds or pay any compensation to You. Further, you will be liable to reimburse Us for any expenses We incur necessarily as a result of such termination or other action under clause 5.2.
6. IF THERE IS A PROBLEM WITH THE SERVICES
6.1 In the unlikely event that there is any problem or issue with the Services:
(a) please contact Us and tell Us as soon as reasonably possible by informing Your Head Coach and/or contacting Us using the details at clause 15.2 below;
(b) please give Us a reasonable opportunity to investigate and resolve any issue; and
(c) We will use every effort to investigate resolve the issue as soon as reasonably practicable.
You will not have to pay for Us to resolve an issue with the Services under this clause 6.1.
6.2 As a consumer, You have legal rights in relation to Services not carried out with reasonable skill and care, or if the equipment We use is faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
7. PASSPORTS, VISAS AND HEALTH REQUIREMENTS
7.1 It is Your responsibility to ensure that You are in possession of all necessary and up-to-date travel and health documents before Your arrival date as set out in Your Booking. We regret we cannot accept any liability if You are refused entry onto any transport or into any country due to failure on Your part to carry out correct documentation and/or provide personal details as may be required.
7.2 Those clients with a non-British passport must check passport and visa requirements with the Embassy or Consulate of the countries to or through which You are intending to travel. For European holidays You should obtain a completed and issued form EHIC prior to departure.
7.3 You should take up-to-date health advice about the health precautions You will need to take prior to Your arrival date.
8. ACCOMMODATION AND OCCUPANCY
8.1 Only the persons listed on the Booking may stay in or use the accommodation and facilities provided to You as part of the Services. Sharing or sub-letting without Our prior written consent is not permitted under any circumstances.
9. PRICE AND PAYMENT
9.1 The price of the Services will be set out Our price list in force at the time We confirm your Booking. Our prices may change at any time, but price changes will not affect Bookings that We have confirmed with You.
9.2 We will contact each member of the group by email (where one has been provided) prior to Your arrival date to request the information set out in clause 4.2 and any additional extras You require for example, equipment hire. You are required to pay for such additional extras to Your Booking prior to Your arrival date. Failure to pay for any additional extras prior to Your arrival date may mean that additional fees may be charged to You and/or provision of such additional extras cannot be provided.
9.3 The price of any additional extras You request to Your Booking for Services will be set out Our price list in force at the time We confirm such amendments to Your Booking. Our prices may change at any time, but price changes will not affect Bookings that We have confirmed with You.
9.4 These prices are inclusive of taxes and charges, including but not limited to VAT. However, if the rate of the taxes (including but limited to VAT) changes between the date of the Booking and the date of delivery or performance, We will adjust the rate of the tax that You pay, unless You have already paid for the Services in full before the change in the rate of tax takes effect.
9.5 Where We are providing Services to You (including any additional extras requested by You under clause 9.2), We will ask You to make an advance payment of the full price of the Services. Your rights to a refund on cancellation are set out in clause 13.
9.6 However, if You dispute an invoice in good faith and contact Us to let Us know promptly after You have received an invoice that You dispute it, clause 9.4 will not apply for the period of the dispute.
9.7 Where a Booking has been submitted on behalf of two or more persons, the individual which submits the Booking is responsible for making all payments on behalf the group.
10. OUR LIABILITY TO YOU
10.1 If We fail to comply with these Terms, We are responsible for loss or damage You suffer that is a foreseeable result of Our breach of the Terms or Our negligence. Loss or damage is foreseeable if they were an obvious consequence of Our breach or if they were contemplated by You and Us at the time we entered into this contract.
10.2 Other than set out in clause 10.7, We are not responsible for loss or damage which is caused by Our failure to perform or improper performance of these Terms which is due to:
(a) Your own acts and/or omissions or the acts and/or omissions of members of Your group;
(b) the acts and/or omissions of a third party not being a duly authorised agent of Ours in the provision of the Services; or
(c) an Event Outside of Our Control.
10.3 Note that the cycling coaching element of Our Services will always take place off public highways. We will design each training holiday programme to provide You with the opportunity to put into practice the cycling coaching You have received from Us.
10.4 Other than set out in clause 10.7, We are not responsible for any services which do not form part of our contract with You, for example, any additional services or facilities which the hotel or any other supplier agrees to provide You nor are We responsible for any loss and/or damage to luggage or personal possessions (including money).
10.5 We only supply the Services for domestic and private use. You agree not to use the Services for any business purpose, and We have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity.
10.6 Our maximum aggregate liability under or in connection with this contract whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to a maximum of three times the costs of the Services paid by or on behalf of the affected client. This does not apply to the types of loss set out in clause 10.7.
10.7 We do not exclude or limit in any way Our liability for:
(a) death or personal injury caused by Our negligence, acts or omissions or the negligence, acts or omissions of Our employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
(d) breach of the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987.
11.1 It is Your responsibility to take out adequate triathlon insurance (including triathlon training), accident and travel insurance at the time of making Your Booking. Please note that some insurance policies exclude cycling except by way of transport and therefore, You will require additional insurance as the cycling coaching available and cycling undertaken with a guide on the training holidays will exceed such description.
11.2 We strongly recommend that You take out the insurance described in clause 11.1. If You choose to travel without adequate insurance cover, We will not be liable for any losses howsoever arising, in respect of which insurance cover would otherwise have been available.
12. EVENTS OUTSIDE OUR CONTROL
12.1 We will not be liable or responsible to pay any compensation, reimburse expenses or cover loses for any other amount or otherwise accept responsibility for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control.
12.2 If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms We will contact You as soon as reasonably possible to notify You.
12.3 An Event Outside Our Control means any act or event of an unusual and unforeseeable circumstance beyond Our reasonable control, the consequences of which could not have been avoided even if all due care had been exercised. Such circumstances include strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster or failure of public or private telecommunications networks.
13. YOUR RIGHTS TO CANCEL AND APPLICABLE REFUND
13.1 Before We begin to provide the Services, You have the following rights to cancel the Services, including where You choose to cancel because We have changed these Terms or Your Booking under clause 3.1 to your material disadvantage:
(a) You may cancel any Booking for Services at any time before the arrival date set out in Your Booking for the Services by contacting Us. We will confirm your cancellation in writing to You.
(b) If You cancel a Booking for Services under clause 12.1(a) and You have made any payment in advance for Services that have not been provided to You:
(i) where the cancellation is because We change these Terms or Your Booking under clause 3.1 to your material disadvantage, We will refund all these amounts to You. Please note that this right is not available where the change is a minor one; or
(ii) where the withdrawal or cancellation is due to events which are the fault, result, or wilful decision of You including without limitation, You choosing to cancel this contract under clause 3.6, We shall be entitled to retain as much of the payment as is needed to cover Our reasonable costs and losses caused by such withdrawal or cancellation. We shall take all reasonable steps to keep costs and losses to a minimum.
13.2 Once We have begun to provide the Services to You, You may cancel the contract for Services with immediate effect by giving Us written notice if we break this contract in any material way and We do not resolve the situation within a reasonably period of You asking Us to do so.
14. OUR RIGHTS TO CANCEL AND APPLICABLE REFUND
14.1 If We have to cancel a Booking for Services before Your arrival date set out in Your Booking for the Services, due to for example, the unavailability of key personnel without which We cannot provide the Services, We will promptly contact You to inform You. In such circumstances, You can either have a refund or accept a replacement training holiday from Us of closely similar standard and price, if one is available in the same calendar year. We will always refund the difference in price if the replacement holiday is of a lower standard and price.
14.2 We may cancel the contract for Services or such part of the Services at any time with immediate effect by giving You written notice if:
(a) You do not pay Us the balance of the price for the Services on time when You are supposed to as set out in clause 9.4. In such circumstances, We shall cancel that part of the Services for which payment remains due and outstanding and retain any deposit (if any) paid by You to Us for such Services; or
(b) You break the contract in any other material way including but not limited to such events described in clause 5 and You do not correct or resolve the situation immediately upon Us requesting You to alter Your behaviour. In such circumstances, We may terminate the Services and We will not make any refund, pay You any compensation or meet any costs or expenses You incur as a result.
14.3 Very rarely, we may be forced by an Event Outside Our Control to change or terminate Your Services after Your arrival date but before Your scheduled departure date. This is extremely unlikely but if this situation does occur, we regret we will be unable to make any refunds, pay You any compensation or meet any costs or expenses You incur as a result.
15. INFORMATION ABOUT US AND HOW TO CONTACT US
15.1 We are a partnership established in England and Wales. Our company registration number is OC356565 and Our registered office is at Cedar House, Abingdon Road, Tubney, Abingdon, Oxfordshire OX13 5QQ. Our registered VAT number is GB 140 128 948.
15.2 If You have any questions or if You have any complaints, please contact Us. You can contact Us by telephoning Our customer service team at +44 (0)7817 589595 or +44 (0)7703 732528 or by e-mailing Us at email@example.com
15.3 If You wish to contact Us in writing, or if any clause in these Terms requires You to give Us notice in writing (for example, to cancel the contract), You can send this to Us by e-mail to Tri Training Harder LLP at firstname.lastname@example.org or if you do not have email available, by hand or by pre-paid post. We will confirm receipt of this by contacting You in writing. If We have to contact You or give You notice in writing, We will do so by e-mail, by hand, or by pre-paid post to the address You provide to Us in the Booking.
16. HOW WE MAY USE YOUR PERSONAL INFORMATION
16.1 We will use the personal information You provide to Us to:
(a) provide the Services;
(b) process your payment for such Services; and
(c) inform You about similar products or services that We provide, but You may stop receiving these at any time by contacting Us.
16.2 We will not give your personal data to any third party.
17. OTHER IMPORTANT TERMS
17.1 We may transfer Our rights and obligations under these Terms to another organisation, and We will always notify You in writing if this happens, but this will not affect your rights or Our obligations under these Terms.
17.2 You may only transfer your rights or your obligations under these Terms to another person if We agree in writing.
17.3 This contract is between You and Us. No other person shall have any rights to enforce any of its terms.
17.4 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.
17.5 If We fail to insist that You perform any of your obligations under these Terms, or if We do not enforce Our rights against You, or if We delay in doing so, that will not mean that We have waived Our rights against You and will not mean that You do not have to comply with those obligations. If We do waive a default by You, We will only do so in writing, and that will not mean that We will automatically waive any later default by You.
17.6 These Terms are governed by English law. You and We both agree to submit to the non-exclusive jurisdiction of the English courts.
TERMS OF SUPPLY OF PRODUCTS AND SERVICES
These Terms will apply to any contract between us for the sale of Products and/or Services to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products and/or Services from our site. Please note that before placing an order you will be asked to agree to these Terms.
Please click on the button marked "I have read and agree to these Terms and Conditions" if you accept these Terms. If you refuse to accept these Terms,
you will not be able to order any Products and/or Services from our site.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 8. Every time you wish to order Products and/or Services, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on [INSERT DATE] 2014 in their entirety.
These Terms, and any Contract between us, are only in the English language.
1. DEFINITIONS AND INTERPRETATION
1.1 When the following words with capital letters are used in these Terms, this is what they will mean:
(a) Event Outside our Control: is defined in clause 19.2;
(b) Services: the services that we are providing to you as set out in the Order;
(c) Terms: the terms and conditions set out on this page;
(d) Order: your order for the Products and/or Services completed by you submitting the order form via our site together with any amendments confirmed by us to you (if any);
(e) Products: the goods that we are selling to you as set out in the Order;
(f) we/our/us: Tri Training Harder LLP, a limited liability partnership registered in England and Wales under Company number OC356565 and with our registered address at Cedar House, Abingdon Road, Tubney, Abingdon, Oxfordshire OX13 5QQ; and
(g) you/your: the person or persons listed on the Order.
1.2 When we use the words "writing" or "written" in these Terms, this will include e-mail unless we say otherwise.
1.3 Where an Order for Services relates to two or more persons, the expression “you” refers to the persons noted in the Order and the obligations and/or rights expressed relate directly to each individual noted on the Order, forming you, the client.
1.4 Unless the context otherwise requires, words in the singular shall include the plural and words in the plural shall include the singular.
2. INFORMATION ABOUT US
2.1 We are Tri Training Harder LLP, a limited liability partnership registered in England and Wales under company number OC356565 and with our registered office and main trading address at Cedar House, Abingdon Road, Tubney, Abingdon, Oxfordshire OX13 5QQ. Our VAT number is GB 140 128 948.
2.2 To cancel a contract in accordance with your legal right to do so as set out in clause 9, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the cancellation form on our site. A link to the website cancellation form will also be included in our Order Confirmation and Dispatch Confirmation. If you use this method we will e-mail you to confirm we have received your cancellation. You can also e-mail us at email@example.com or contact our Customer Services team by telephone on +44 (0)7817 589595 or +44 (0)7703 732528. If you are emailing us or writing to us, please include your order reference and details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us.
2.3 If you wish to contact us for any other reason, including because you have any complaints, you can contact us by telephoning our customer service team at +44 (0)7817 589595 or +44 (0)7703 732528 or by e-mailing us at firstname.lastname@example.org
2.4 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your Order.
3. USE OF OUR SITE
Your use of our site is governed by our Terms of website use and Website Acceptable Use Policy. Please take the time to read these, as they include important terms which apply to you.
4. HOW WE USE YOUR PERSONAL INFORMATION
4.1 We will use the personal information you provide to us to:
(a) provide the Products and/or Services;
(b) process your payment for such Products and/or Services; and
(c) inform you about similar products or services that we provide, but you may stop receiving these at any time by contacting us.
4.2 We will not give your personal data to any other third party.
5. OUR PRODUCTS AND SERVICES
5.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
5.2 The packaging of the Products may vary from that shown on images on our site.
5.3 The information and coaching descriptions for the Services outlined in our literature and on our site are designed to be illustrative only in order to explain the scope and type of activities you may undertake during the relevant Services. Due to the very nature of the coaching sessions being designed to meet the abilities; physical fitness and aims of both you and, if you have placed an Order as part of a group, other members of your group, it is unlikely that any one coaching session could be or would be precisely as published.
5.4 All Products and Services shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product or Service you have ordered is not available and we will not process your order if made.
6. YOUR LEGAL RIGHTS
6.1 You may only purchase Products and/or Services from our site if you are at least 18 years old
6.2 As a consumer, you have legal rights in relation to Products that are faulty or not as described and in relation to Services not carried out with reasonable skill and care, or if the materials we use are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
7. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
7.1 For the steps you need to take to place on Order on our site, please see our How To Shop Online page.
7.2 Our order process allows you to check and amend any errors before submitting your Order to us. Please take the time to read and check your Order at each page of the order process.
7.3 After you place an Order, you will receive an e-mail from us acknowledging that we have received your Order. However, please note that this does not mean that your Order has been accepted. Our acceptance of your Order will take place as described in clause 7.4.
7.4 We will confirm our acceptance to you by sending you an e-mail that confirms that we are able to provide the Services and/or the Products (Order Confirmation). The Contract between us will only be formed when we send you the Order Confirmation.
7.5 We shall assign an order reference to your Order and inform you of it when we email the Order Confirmation. Please quote the order reference in all subsequent correspondence with us relating to the Order.
7.6 If we are unable to supply you with a Product and/or Service, for example because that Product is not in stock or no longer available, the date and/or time specified for the Services is not available or because of an error in the price on our site as referred to in clause 12.5, we will inform you of this by e-mail and we will not process your Order. If you have already paid for the Products and/or Services, we will refund you the full amount including any delivery charges as soon as possible.
8. OUR RIGHT TO VARY THESE TERMS
8.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
8.2 Every time you order Products and/or Services from us, the Terms in force at the time of your Order will apply to the Contract between you and us.
8.3 We may revise these Terms as they apply to your Order from time to time to reflect changes in relevant laws and regulatory requirements.
8.4 If we have to revise these Terms as they apply to your Order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products and/or Services or just the Products and/or Services you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
9. YOUR CONSUMER RIGHT OF CANCELLATION, RETURN AND REFUND
9.1 You have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 9.3. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product and/or receive a Service, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens' Advice Bureau or Trading Standards office.
9.2 However, this cancellation right does not apply in the case of:
(a) any products made to your specification or clearly personalised;
(b) newspapers, periodicals or magazines;
(c) perishable goods, such as food, drink or sports nutrition;
(d) software, DVDs or CDs which have a security seal which you have opened or unsealed; and/or
(e) less than 7 days prior to the provision of Services (or part thereof) where such Services are for a specific date, time and venue which has been booked and paid for by us.
9.3 Your legal right to cancel a Contract starts from the date of the Order Confirmation (the date on which we e-mail you to confirm our acceptance of your Order), which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered and/or received, as set out in the table below:
Your Contract is for Services
The end date is the end of 14 days after the day on which the Contract was entered into. Example: if we provide you with an Order Confirmation on 1 January, you may cancel at any time between 1 January and the end of the day on 15 January.
Your Contract is for a single Product (which is not delivered in instalments on separate days).
|The end date is the end of 14 days after the day on which you receive the Product. Example: if we provide you with an Order Confirmation on 1 January and you receive the Product on 10 January you may cancel at any time between 1 January and the end of the day on 24 January.|
Your Contract is for either of the following: • one Product which is delivered in instalments on separate days. • multiple Products which are delivered on separate days.
The end date is 14 days after the day on which you receive the last instalment of the Product or the last of the separate Products ordered. Example: if we provide you with an Order Confirmation on 1 January and you receive the first instalment of your Products or the first of your separate Products on 10 January and the last instalment or last separate Product on 15 January you may cancel in respect of all instalments and any or all of the separate Products at any time between 1 January and the end of the day on 29 January.
9.4 To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the cancellation form on our website. A link to the website cancellation form will be included in our Order Confirmation and Dispatch Confirmation. If you use this method we will e-mail you to confirm we have received your cancellation. You can also e-mail us at email@example.com or contact our Customer Services team by telephone on +44 (0)7817 589595 or +44 (0)7703 732528. If you are emailing us or writing to us, please include your order reference and details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or e-mail us before midnight on that day.
9.5 If you cancel your Contract we will:
(a) refund you the price you paid for the Products and/or Services. However, please note we are permitted by law to reduce your refund to reflect:
(i) any reduction in the value of the Products, if this has been caused by your handling them in a way which would not be permitted in a shop; and/or
(ii) the costs of any Services provided prior to the point of cancellation where you have confirmed at the time of placing the Order, your express consent for us to commence the Services within your statutory 14 day cancellation period;
(b) refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). 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 delivery option.
(c) make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
(i) if you have received the Product: 14 days after 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 clause 9.8;
(ii) if you have not received the Product: 14 days after you inform us of your decision to cancel the Contract;
(iii) if you have not received the Services: 14 days after you inform us of your decision to cancel the Contract.
9.6 If you have returned the Products to us under this clause 9 because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
9.7 We will refund you on the credit card or debit card used by you to pay. If you used vouchers to pay for the Product we may refund you in vouchers.
9.8 If a Product has been delivered to you before you decide to cancel your Contract:
(a) then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. Please see our Returns page for our returns address;
(b) unless the Product is faulty or not as described (in this case, see clause 9.6) you will be responsible for the cost of returning the Products to us. If the Product is one which cannot be returned by post, we estimate that if you use the carrier which delivered the Product to You, these costs should not exceed the sums we charged you for delivery.
9.9 Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 9 or anything else in these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
10.1 We will contact you with an estimated delivery date, which will usually be within 7 working days, and in any event within 30 days, after the date of the Order Confirmation (the date on which we e-mail you to confirm our acceptance of your Order). Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 19 for our responsibilities when this happens.
10.2 If no one is available at your address to take delivery, our courier will leave you a note with their contact details on. Please contact the courier as requested by them to rearrange delivery.
10.3 Delivery of an Order shall be completed when we deliver the Products to the address you gave us and the Products will be your responsibility from that time.
10.4 You own the Products once we have received payment in full, including all applicable delivery charges.
10.5 If we miss the 30 days delivery deadline for any Products then you may cancel your Order straight away if any of the following apply:
(a) we have refused to deliver the Products;
(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.
10.6 If you do not wish to cancel your Order straight away, or do not have the right to do so under clause 10.5, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your Order if we do not meet the new deadline.
10.7 If you do choose to cancel your Order for late delivery under clause 10.6 or clause 10.7, you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us and we will pay the costs of this. After you cancel your Order we will refund any sums you have paid to us for the cancelled Products and their delivery.
11. INTERNATIONAL DELIVERY