Terms & Conditions

This Site is owned and operated by Movers & Shapers Limited of 10 Utopia Village, 7 Chalcot Road, London, NW1 8LH, ("Movers & Shapers") registered in England at this address. These terms and conditions include general terms and conditions for use of this Site, terms and conditions relating to the Services provided by Movers & Shapers and terms and conditions relating to the sale and purchase of Products on the Site and in Movers & Shapers stores. Please read these terms and conditions carefully. Your use of the Site and the purchase of any Products or Services on this Site or in a store will be subject to these terms and conditions.

Important Liability Statement

The information available on or through this Site, and the Services supplied via or in connection with this Site or a Movers & Shapers store do not constitute medical advice and it is your responsibility to determine, through obtaining appropriate medical advice, that you are fit and well and that such contents and services are suitable for you. It is not our responsibility to do so. In any event, before commencing any exercise regime, you should consult your doctor.

It is also vital that you supply us with correct information about yourself. Some of the Services on this Site and in the store are based on that information and we cannot be liable for any incorrect information supplied by you to us. We try to make sure that all information contained on this web site (and provided by us to you as part of any Services or Products) is correct, but, subject to the paragraph below, we do not accept any liability for any error or omission and exclude all liability for any action you may take or loss or injury you may suffer (direct or indirect including loss of pay, profit, opportunity or time, pain and suffering, any indirect, consequential or special loss, however arising) as a result of relying on any information on this web site or provided through any Service supplied by us to you.

We are not allowed to exclude or limit liability for death or personal injury caused by our negligence, or for fraud, or for any other liability which may not by applicable law be excluded or limited and we do not do so. Subject to that, our liability to you in each year is limited to the amount of charges payable by you to us in that year subject to a minimum of £250

Definitions

In these terms and conditions, the following definitions apply:

1.1
“Services” means any information and services ordered and/or provided by Movers & Shapers through or via the Site or our stores and all services offered as part of any course or subscription. Any electronic information supplied to you by Movers & Shapers will constitute part of "Service" not a Product and cancellation rights will apply accordingly.
1.2
“Products" means any products offered for sale on the Site or in a Movers & Shapers store.
1.3
“Site” means the web site at the URL www.moversandshapers.net or WAP site or replacement site(s) from time to time. Use of this Site Generally
2.1
You may use the Site for personal and lawful use and in accordance with these terms and you are not allowed to copy or use any material from the Site for any commercial purpose including for selling any goods or services.
2.2
The intellectual property rights in all contents of the Site and supplied as part of the Products or Services, and in Movers & Shapers’ brands trade marks and logos ("Materials") are owned by Movers & Shapers or its third party licensors. Except to the extent expressly set out in these terms and conditions, you are not allowed to make any copies of any part of any Materials, or remove or change anything on the Site, include or create links to or from the Site without our written authority, or remove or change any copyright, trade mark or other intellectual property right notices contained in any Materials or copies thereof. "Movers & Shapers" is a registered trade marks or application for a registered trade marks owned by Movers & Shapers. You must not use any of Movers & Shapers’ brands, logos or marks without written licence.
2.3
You must not use the Site to post, upload or otherwise transmit material which is obscene or pornographic, threatening, menacing, racist, offensive, defamatory, infringing of any intellectual property or otherwise unlawful, to harass, stalk, threaten or otherwise violate the rights of others, to misrepresent your identity or status, to hack into this Site or any other related computer system, to make excessive traffic demands, deliver viruses or forward chain letters or similar materials that may reasonably be expected to inhibit other users from using and enjoying the Site or any other web site or damage or destroy the reputation of Movers & Shapers or any third party.
2.4
Movers & Shapers accepts no obligation to monitor the use of the Site. However, Movers & Shapers reserves the right to disclose any information as required by law and/or to remove, refuse to post or to edit any information or materials, to block your access and to take such other action as may be reasonably necessary to prevent any breach of these terms and conditions or any breach of applicable law or regulation. Movers & Shapers will also in its absolute discretion fully co-operate with law enforcement and other relevant authorities with respect to any investigation of suspected unlawful activity or violation of network security.
2.5
Movers & Shapers may change the format and content of the Site from time to time. You should refresh your browser each time you visit the Site to ensure that you download the most up to date version of the Site.

Your Personal Information

3.1
Usage of your personal information is governed by Movers & Shapers’ Privacy Policy, which forms part of these Terms and Conditions. In the event that Movers & Shapers undergoes reorganisation or is sold to a third party, you agree that any personal information Movers & Shapers holds about you may be transferred to that reorganised entity or third party and used in accordance with the Privacy Policy.

Liability

4.1
You are referred to the important liability statement at the top of these terms and conditions. Subject to that statement you agree that your use of this Site and the Service is on an “as is” and “as available” basis. On that basis, except as expressly set out in these terms, Movers & Shapers does not enter into conditions, warranties or other terms in relation to the Site or the Products or the Services (including any implied term relating to quality, fitness for a particular purpose) or any guaranteed or predicted result.
4.2
The Site includes links to external sites and co-branded pages. Movers & Shapers has included links to these sites and co-branded pages to provide you with access to information and services that you may find useful or interesting. Movers & Shapers is not responsible for the content of these site and pages or for anything provided by them.
4.3
Subject to the important liability statement, Movers & Shapers is not liable for failure to comply with these terms and conditions due to any event beyond its reasonable control, including, without limitation, the input of incorrect information by you.

Password

5.1
As part of the Services offered via this Site, you may be issued with an individual password which may be used to access the Site, Services and those pages whose access is restricted to clients only. You will use the password only for such access and not for any other purpose. You must keep your password confidential at all times, and must not disclose the password or permit anyone else to use your password. Any breach of any of these terms by anyone to whom you disclose the password will be treated as if the breach had been committed by you, and will not relieve you of your obligations under these terms and conditions.
5.2
In the event of any failure or error in the operation of a password, you shall cease using the password and exit the Site immediately, and notify Movers & Shapers of such failure or error. Also, you must cease to use and delete the password from any of your records upon expiry or termination of your course for whatever reason.
5.3
Movers & Shapers reserves the right to change your password and user name at any time in its sole discretion and you agree to notify Movers & Shapers promptly of any changes to your registration details.

Suspension and termination of Service

6.1
Movers & Shapers may suspend the operation of the Site for repair or maintenance work or in order to update or upgrade the contents or functionality of the Site from time to time. Access to or use of the Site or any Sites or pages linked to it will be not necessarily be uninterrupted or error free.
6.2
Movers & Shapers may terminate the Service immediately in the event you breach any of these terms and conditions or if you are late in or do not pay any sums due to Movers & Shapers or any company in Movers & Shapers’ Group (including if the credit/debit card you use is not valid or does not work for another reason).

Contract Information

7.1
You may submit orders on this Site, for Services or for Products but no contract will exist in relation to the Services or Products until we have confirmed to you by email the particulars of your order, the value of your order and the Products or Services (as applicable) you have purchased. Acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you when you are able to access the confirmatory email. This will be without prejudice to your right to cancel as outlined in these terms and conditions and to your statutory rights as a consumer.

Pricing, availability and dispatch information of Products

8.1
Information displayed on the Site or in stores as to pricing and availability is subject to change by Movers & Shapers without notice. Payment for the Products sold through the Site will be made via the Site in accordance with the procedure explained on the Site. Payments for Products and Services sold in the stores will be made in the store in accordance with the procedure explained in the store.
8.2
While we aim to be accurate, any availability information or dispatch estimates on the Site in relation to Products are approximate. As we process your order, we will inform you by e-mail if any Products you order turn out to be unavailable.
8.3
In spite of our best efforts, it is possible that a Product or Service may be mispriced on the Site. We do, however, confirm prices as part of our dispatch procedures. Where a Product's actual price is lower than that stated on the Site, we will charge the lower amount and send you the Product. If, however, the actual price is higher than that stated on the Site, we will, at our discretion, either contact you for instructions before dispatch or cancel your order and notify you of such cancellation.
8.4
Products will be dispatched to your delivery address by registered post as soon as reasonably possible after acceptance of your order and we will confirm dispatch to you by email. Delivery charges will be made in accordance with your location and you will be informed of the relevant charge on the Site before you confirm your order. Please note, any orders we accept which require delivery outside the EU will be delivered duty unpaid.

Warranties

9.1
Movers & Shapers warrants that the Products and Services will be supplied with reasonable skill and care
9.2
Movers & Shapers may offer specific guarantees with specific Products, and these will be set out in manuals with the Products.

Statutory Rights and Refunds

10.1
The rights of cancellation and refund and any limitation expressed in these terms and conditions do not affect your statutory rights as a consumer. Refunds in relation to Products or Services may only be credited to the credit or debit card originally used to make the purchase. If we are unable to put the refund through on this card for any reason, we will try to contact you to discuss alternative arrangements.
10.2
Courses are sold in blocks of 10 and 20 sessions or such other combinations as Movers & Shapers may introduce from time to time. The Client Shall not transfer sessions to any other person or permit them to be used by anyone other than the Client. Any assignment, transfer or disposal of courses is at the sole discretion of the Store Manager and may only be permitted in exceptional circumstances. Course fees are non refundable. Course fees may be increased by Movers & Shapers at any time. The Proprietor shall give the Clients not less than 14 days notice prior to any such increases.
10.3
Where a Client who has purchased a course of sessions cannot attend a booked session, the client must cancel the session at least 24 hours prior to the session commencing, in person or by telephone. Failure to do so will result in the session being charged as taken and deducted from the remainder of the Client’s course. Clients who pay by monthly direct debit are also asked to give 24 hours notice of cancellation of a session and may book a maximum of three sessions per week. Clients who pay by monthly direct debit and who fail to give at least 24 hours notice of cancellation of a session may have their session booking rights restricted at the discretion of management.

If you are under 18

11.1
Movers & Shapers does not sell Products to children under the age of 18 on this Site although it may sell Products suitable for children to adults. If you are under 18, you may use the non-client’s parts of the Site under adult supervision but you may not become a client or purchase Products from the Site.

Competitions and prizes

12.1

• Competitions run or promoted by Movers & Shapers are open to individuals over the age of 18 years and resident in countries in which there is a Movers & Shapers store located
• Entries per person are not restricted but only one prize will be awarded per household
• Details of prizes will be clearly displayed within the competition text
• No purchase is required
• To be eligible for the prize entries must clearly state name, full postal address and a daytime contact telephone number
• No cash or other alternative to the prize is available
• Entries received after the closing date for a competition will not be eligible for the prize draw. Movers & Shapers does not accept liability for entries lost, delayed or damaged in any way. Proof of posting is not accepted as proof of delivery
• Employees and the immediate families of a participating location or publication, Movers & Shapers, its agents or anyone professionally connected with the promotion are not eligible to enter
• Winners will be selected at random from the correct entries received by closing date
• The decision of the Movers & Shapers is final, no correspondence will be entered into
• Winners will be notified in telephone and on e-mail if applicable
• Answer and winner details will be available upon request
• Promoter's Name And Address: Movers & Shapers Ltd, 148 West End Lane, London, NW6 1SD, United Kingdom.

General

13.1
Movers & Shapers may change these terms and conditions from time to time and will endeavour to notify you of any major changes by posting a message on the Site. By browsing the Site you are accepting that you are bound by the current terms and conditions. You should check these each time you revisit the Site. These terms and conditions form the entire understanding of the parties and supersede all previous agreements, understandings and representations relating to the subject matter. If any provision of these terms and conditions is found to be unenforceable, this shall not affect the validity of any other provision. Movers & Shapers may delay enforcing its rights under these terms and conditions without losing them. You agree that Movers & Shapers may sub-contract the performance of any of its obligations or may assign these terms and conditions or any of its rights or obligations without giving you notice.
13.2
These terms and conditions shall be governed and interpreted in accordance with English law, and you consent to the non-exclusive jurisdiction of the English courts.
13.3
If you have any enquiries or complaints (about the Products, Service or someone else’s use of the Site) then please address them to: Movers & Shapers Limited, 148 West End Lane, London, NW6 1SD, United Kingdom. or email info@moversandshapers.net

Promotions

14.1
Our "money back guarantee" and other promotions have terms and conditions attached which you will need to agree to when taking up the promotions. They are in addition to these general terms and conditions.
14.2
Where a promotion guarantees money back you must make any claim within 1 week of the end of the relevant period (for example, a money back guarantee on a course of 12 sessions must be claimed within a week of the review consultation).
14.3
Where a promotion guarantees money back the refund will be the amount paid for your initial course of sessions, and shall exclude the cost of your original members pack and the non-promotional retail price of the Fitbug you have received (neither of which are refundable save as set out in our general terms and conditions above).
14.4
Our “money back guarantee” promotion has the following terms and conditions:
14.4.1
The promotion is only available to new clients of Movers & Shapers purchasing a first course of 12 sessions. This course includes an initial consultation, 10 Movers & Shapers sessions, issue of Fitbug members pack and 3 month subscription to www.fitbug.com and one review consultation. It does not apply to subsequent courses purchased.
14.4.2
Client must complete the course within 6 weeks of initial consultation
14.4.3
Client must attend a minimum of one session per week every week during this period
14.4.4
Client must achieve both Fitbug step and aerobic step targets for 5 out of 7 days each week during the course. Clients must not manually adjust their step or aerobic step targets downwards at any time during the course.
14.4.5
Movers & Shapers guarantee that if you purchase a first course of 12 sessions during the promotion period, you will see “results” on completion of the course or we will give you your money back, subject to 14.4 above. “Results” means a decrease in the girth measurement of any one or more of the following, as measured by Movers & Shapers: upper arm, waist, chest, thigh, hips.
14.5
Finally, once again guarantees only apply if you keep your side of the bargain as set out in the promotion terms and conditions

Children

15.1
Any children accompanying a client into a Movers & Shapers store remain the responsibility of the client at all times and must remain visible to the client at all times. At the sole discretion of the Store Manager, in order to remain visible to the client, clients may bring children into the studio area of the store during designated sessions only (often referred to as “Mums sessions”) so long as the following criteria are met:

• they are age 3 or under
• they are securely placed in a pram, pushchair or equivalent during the session
• they are not disturbing other clients or distracting the Instructor