1.1 Please read these Terms and Conditions carefully before using the website operated by Fitness Industry Education Limited (company number 4078230) trading under the name of “Move Ya!” (‘FIE’). In particular, we draw your attention to paragraphs 8 (Applicability of online materials) 12 (Liability) 9.2 (PPL Licence).
1.2 Without prejudice to the above, by using or accessing our website, you agree to be legally bound by these Terms and Conditions of use as they apply to your use of or access to our website.
1.3 If you do not wish to be bound by these Terms and Conditions then you may not use our website.
2.1 Our website is a place for you to select and order goods being sold by FIE and by FIE on behalf of other third party sellers who advertise on our site (all such goods being referred to as the ‘Products’). Details of the Products are, as required by law, shown on our website next to each Product and are sold subject to these Terms and Conditions. If goods are to be sold by FIE on behalf of other third party sellers you acknowledge that the contract for sale and purchase of Products in these circumstances is between yourself and the third party seller with FIE acting as the third party’s agent for sale.
2.2 Please note that the contents of our website are aimed at users aged 18 years and above, and you must be over 18 years to purchase the Products, using the payment method displayed on our website.
3.1 Purchasing a Product could not be easier. Just browse the Catalogue on the website, click on any items that you wish to buy and put them into the shopping cart. After you have finished your selection, click on “checkout” and you will be asked for a few details that we need to be able to satisfy the order.
3.2 Details of the prices for the Products and the procedures for payment and delivery are displayed on or through our website. The price of any Product is the price in force at the date and time of your order. The price of any Product may change before you place an order. We try to ensure that the prices displayed on our website are accurate but the price on your order will need to be validated by us as part of the acceptance procedure (see paragraph 4.1). We will inform you if a Product’s correct price is higher than that stated in your order and you may cancel the order and decide whether or not to order the Product at the correct price.
As an alternative to purchasing our choreography videos individually you may wish to consider our membership scheme details of which are to be found below.
3.3 For orders made from the United Kingdom or the European Union 17.5% VAT is added. All other orders are VAT free and you should click the exempt button to reduce VAT to zero.
3.4 You undertake that all details you provide to us for the purpose of purchasing Products will be correct, that the credit or debit card, or any electronic cash, which you use is your own and that there are sufficient funds or credit facilities to cover the cost of all Products you order. We reserve the right to obtain validation of your credit or debit card details.
3.5 Membership is an alternative method of buying choreography videos which enables you to access choreography videos from our website for the period of your membership. You have the option of paying your membership fees monthly or annually in advance. Current fees are displayed on our website or contact us at sales@move-ya.co.uk Membership will entitle you to access any choreography video on our website and in addition we anticipate making up to 50 new choreography videos available each year (normally about 5 a month). The minimum period of membership is one month. Cancellation of membership requires written notification at least 2 working days in advance of the renewal date failing which the membership fee for the next period will be payable by you.
4.1 You must pay for the Products and membership by Visa or Mastercard at the time of the order, at which time you will be notified of the current price. If you are shopping from outside the United Kingdom (‘UK’), place your order and your credit card company will convert the transaction into US Dollars or your own currency.
4.2 You may send your credit card information via telephone, fax, post or over the internet. Our fax number is (44) (0)0845 257 8572. Our telephone number is (44) (0)854 257 8570
4.3 FIE is entitled to refuse any order placed by you. If your order is accepted, we will confirm acceptance to you by online electronic means (‘Confirmation’) to the e-mail address you have given us on ordering. The order will then be fulfilled by the date set out in the Confirmation. Most orders take 1 day to process and are shipped within 2 working days. Orders within the UK will normally be received with 5-10 working days. Orders to be delivered to an address outside the UK will normally be received within 10-15 working days.
4.4 If your item is not in stock we will back order for you. You will be e-mailed with the option to cancel your order if you would rather not wait.
4.5 Shipping and handling rates include first class delivery within the UK and International Airmail for orders delivered outside the UK. If you wish to have your order shipped by any other method including FedEx or DHL please contact sales@move-ya.co.uk for pricing prior to placing your order.
4.6 You may return any Products you have purchased within 7 working days of delivery for any reason (including if you simply change your mind). To do so you must notify us in writing or other durable medium (including e-mail) within those 7 working days. You will then be entitled to a refund from FIE, which will be paid as soon as possible, but in any event within 30 days of us receiving the returned Products. You must arrange for and pay the costs of returning the Products to FIE. On request, we will collect the Products from you, but the cost of this will be charged to you and we may deduct this from the refund. While in your possession, you must keep any Products you intend to return to us in good condition. The rights referred to in this paragraph do not apply where:
if:
- before the end of the 7-day period you have enjoyed the benefit of the Product and for that reason it cannot be returned or re-sold;
- the Product consists of audio or video recordings or computer software and the sealed packaging has been opened or damaged by you.
- the Product delivered is not what you ordered; or
- the Product delivered is not of a satisfactory quality
we will refund to you the price paid and your reasonable costs of returning the Product. Please e-mail us at sales@move-ya.co.uk stating your order number (Cart ID)
4.7 Complaints
If you have any complaints, you should direct them to us via e-mail at sales@move-ya.co.uk or by post to 29 Poland Street London W1F 8QR.
We reserve the right to alter, suspend or discontinue any aspect of our website or the content or products available through it, including your access to it. Unless stated otherwise, any new features including new content, and/or the sale of new Products (including those of third parties) shall be subject to these Terms and Conditions.
6.1 The following applies to any information you provide to us, for example during any registration or ordering process:
- You authorise us to use, store or otherwise process any personal information which relates to and identifies you, including but not limited to your name and address. If you have purchased a third party product this includes passing your details to the third party seller.
- FIE will not disclose your information to third parties other than as authorised above or for the purposes of delivering the Products. Cookies are used on this shopping site but only to keep track of the contents of your shopping cart once you have selected a Product. Data collected on this site is used to:-
- take and fulfil customer orders
- administer and enhance the site and service
- issue a unique identifier (e.g. customer login)
- Monitor customer account status beyond that required for individual purchases
6.2 Processing and disclosure rights
By accepting these Terms and Conditions, you agree to the processing and disclosure of the Personal Information for the purposes referred to in 6.1 above.
7.1 You are solely responsible in all respects for all use of and for protecting the confidentiality of any username and password that may be given to you or selected by you for use on our website. You may not share these with or transfer them to any third parties. You must notify FIE immediately of any unauthorised use of them or any other breach of security regarding our website that comes to your attention.
7.2 We know of no documented cases of credit card fraud using our shopping system over the internet. All credit card numbers are encrypted in the software when the order is placed using 128 bit encryption. We do not keep or store your credit card details.
8.1 Personal Use
Unless otherwise stated, text on our website is presented solely for your private, personal and non-commercial use.8.2 For Products that are downloadable FIE (for itself and if appropriate on behalf of the third party seller) grants you a non-exclusive, non-transferable licence to use graphic files, audio files, video files and other software associated with such Products. It is your responsibility to ensure that your computer, equipment and software are of sufficient specification to enable you to download any Product that you purchase through our website. FIE will have successfully tested all such downloadable Products but you assume responsibility and should damage be caused to your computer or you be inconvenienced in any other way you and not FIE shall assume the entire cost of all damages which may result from any defect. You assume total responsibility and risk for your use of our website, use of all information contained within it and all materials you may download from it.
8.3 Compliance with Law
We have used our best endeavours to ensure that our website complies with the English law.
9.1 The contents of our website are protected by international copyright laws and other intellectual property rights. The owner of these rights is FIE or other third party licensors. All product and company names and logos mentioned in our website are the trade marks, service marks or trading names of their respective owners, including us. You may download material from our website for the sole purpose of placing an order with FIE or using our website as a shopping resource. However, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from our website including but not limited to text, graphics, video, messages, code and/or software without our prior written consent, except where expressly invited to do so, for example in order to complete any test or questionnaire.
9.2 Certain Products on our website indicate that you need a PPL licence to purchase them. If you are purchasing one of these Products you warrant that:-
(a) you are purchasing the Product for your own use or on behalf of a third party to whom (b) and (c) below apply;You agree to fully indemnify FIE for any loss, cost or expense we incur if you or any third party on whose behalf you are buying the Product act in breach of these warranties.
(b) you hold a valid PPL Public Performance Licence in respect of the public performance of the sound recording as an accompaniment to exercise classes; and
(c) you will continue to hold such licence throughout the period of your use of the Product.
10.1 Linked Sites
FIE makes no representations whatsoever about any other websites which you may access through our website or which may link to our website. When you access any other website you understand that it is independent from FIE and that we have no control over the content or availability of that website. In addition, a link to any other site does not mean that FIE endorses or accepts any responsibility for the content, or the use of, such a website and shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource. Any concerns regarding any external link should be directed to its website administrator or web master.10.2 No Linking to or Extraction of Data or Other Information from FIE Site
Any linking to, deep linking to, or extraction from the FIE Site without the written consent of FIE in hard copy with original signature by a director of FIE is strictly prohibited.10.3 Liquidated Damages
Without prejudice to the generality of the foregoing sub-paragraph 10.2 any third party contravening the provisions of sub-paragraph 10.2 shall be liable for liquidated damages to FIE for the aggregate of twice the value of any goods sold as a result of such unauthorised activity and all costs incurred by FIE whatsoever in researching and dealing with the relevant breach of these Terms and Conditions.
We will try to make our website available but cannot guarantee that our website will operate continuously or without interruptions or be error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of our website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other internet connected device.
12.1 Seller’s Warranties
All Products you purchase from our website will be covered by such guarantees and warranties as are provided by the manufacturer/producer/provider of the Product and neither FIE nor any third party seller accepts any liability for them other than as stated in paragraph 4.6. All other express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to the Products, our website or any information or service provided through our website are strictly excluded. We will do our best to ensure that all materials and information published on our website are accurate, but please note that all materials and information on our website are provided on an ‘as is’ basis.12.2 Exclusion of Liability
In relation to the purchase of Products, neither FIE nor any third party seller accepts any liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business (whether direct or indirect), however caused, even if foreseeable. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of our website or its contents other than as a direct result of purchasing Products, we accept no liability for this loss or damage (except where we have been negligent) whether due to inaccuracy, error, omission or any other cause and whether on the part of FIE or our servants, agents or any other person.12.3 Limit of Liability
If we or a third party seller are liable to you for any reason, such liability will be limited to the amount paid by you for the Product concerned. This limit does not apply to any liability we may have for death or personal injury resulting from our negligence.12.4 User’s Responsibilities
You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our website and is compatible with our website. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from our website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.12.5 Legal Limitations
The limitations and exclusions in this clause only apply to the extent permitted by applicable law.
13.1 Alterations
We may alter these terms and conditions from time to time and post the new version on our website, following which all use of our website will be governed by that version. You must check the terms and conditions on the website regularly.13.2 Entire Agreement
These Terms and Conditions together with any order form and payment method instructions, if any, are your whole agreement in relation to FIE and any Products. You understand that any agreement to order or purchase FIE Products from or through our website will be an agreement between you and FIE. Any agreement to order or purchase Products of third party sellers will be between you and the third party seller but subject to these terms and conditions with FIE acting as the third party seller’s agent. You acknowledge that you have not entered into this agreement in reliance upon any warranty or representation made by FIE or any other person and you waive any rights to damages/rescission you may have for misrepresentation (other than a fraudulent misrepresentation) that is not contained in these relevant Terms and Conditions, order form and payment method instructions.13.3 Illegality
If any provision or term of these Terms and Conditions shall become or be declared illegal, unlawful, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other Terms and Conditions and shall be deemed to be deleted from them.13.4 Jurisdiction
These Terms and Conditions and your use of our website are governed by English law and you submit to the non-exclusive jurisdiction of the English court.13.5 Causes beyond Control
Neither you nor FIE will be held liable for any failure to perform any obligation to the other due to causes beyond your or FIE’s respective reasonable control.13.6 No Waiver
Failure by either party to exercise any right or remedy under this agreement does not constitute a waiver of that right or remedy.
All notices shall be given:
Notice will be deemed received when an e-mail is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or 3 days after the date of posting.
- to us via e-mail at sales@move-ya.co.uk or by post to 29 Poland Street, London W1F 8QR; or
- to you at either the e-mail or postal address you provide during any ordering process.
These terms and conditions replace all other Terms and Conditions previously applicable to the use of our website.