Gentle Recovery

Terms of Sale

Terms and Conditions of Sale

OUR TERMS

What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods, services or digital content.

These terms apply together with our Website Terms of Use, our Privacy and Cookie Policy our Copyright Notice and our Medical Disclaimer.

Please read these terms carefully before using our website and purchasing our Products or Services 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. If you think that there is a mistake in these terms, please do let us know.

INFORMATION ABOUT US AND HOW TO CONTACT US

We are Gentle Recovery.

You can contact us by writing to us at hello@gentlerecovery.co.uk

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

“Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

OUR CONTRACT WITH YOU

Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.

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 which we could not reasonably plan for, 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.

We will assign an order number to your order and tell you what it is when we accept your order. Tell us your order number whenever you contact us about your order.

We sell internationally. Our website is for the promotion of our products around the world. There may be some countries where we cannot deliver our products. Please ask us if we can arrange delivery to your address before placing an order.

OUR PRODUCTS

The images of the products and packaging on our website are for illustrative purposes only and so the product you receive may not look exactly the same. We have done our best to display the colours accurately but we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products.

Purchasing any of the Gentle Recovery Online Programmes gives you access to the programme and related content and features for 12 months and access begins on the date of purchase. In some circumstances, we may require you to install an update to enable you to continue using the product. Should the product purchased be discontinued or if Gentle Recovery were to cease trading, then Gentle Recovery will do everything commercially possible to notify you of this change.

Gentle Recovery Programmes gift purchases are valid for 12 months from the date of purchase and cannot be redeemed after this time. No cash, credit or any other alternative will be given where gift purchases have not been redeemed within 12 months from the date of purchase. Once redeemed you have 12 months access to the programme.

Our SMS Text Messaging feature is available to customers purchasing the Gentle Recovery Online Programmes provided that such customers’ nominated mobile/cell phone number, operates within an eligible country.

YOUR RIGHTS TO MAKE CHANGES

If you wish to make a change to your order, 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 product price, the estimated timing of delivery or anything else which may change as a result of your requested change, and ask you to confirm whether you wish to go ahead with the revisions to your order.

OUR RIGHTS TO MAKE CHANGES

We have the right to change the product:

  • to reflect changes in relevant laws and regulatory requirements; and
  • to implement minor technical adjustments and improvements, for example to address a security threat. These changes should not affect your use of the product, unless it is necessary to amend the format of the digital content due to a previously undiscovered security threat. If we need to make changes to your product, we will guide you through any changes.

In addition, as we informed you in the description of the product on our website, we may make other changes to the product, but if we do so we will notify you.

We may update or require you to update digital content, provided that the digital content shall always match the general description of it that we provided to you before you bought it.

PROVIDING THE PRODUCTS

The costs of delivery will be as displayed to you on our website.

When we will provide the products;

If the products are goods, we can, on request, provide you with an estimated delivery date, which will be within 30 days after the day on which we accept your order. If delivery has not taken place within 30 days after the day on which we accept your order, we may issue a replacement or refund at our discretion, provided that you notify us within 14 days after the 30-day delivery period that the goods have not arrived.

If the products are one-off services. We will begin the services on the date set out in the order. The estimated completion date for the services is as told to you during the order process.

If the products are ongoing services or a subscription to receive goods or digital content. We will supply the services, goods or digital content to you until either the services are completed or the subscription expires or you end the contract or we end the contract by written notice to you.

If our supply of the products is delayed by an event outside of our control then we will contact you as soon as reasonably possible to let you know and we will take commercially reasonable steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you can contact us to end the contract and we will issue a full refund for any products you have paid for but not received due to any such delay.

If no one is available at your address to take delivery and the products cannot be posted through your letterbox or otherwise delivered, your product will be left in your designated alternative location (if you have provided one). If we are unable to complete delivery, your item will be returned to the place of dispatch. You will need to contact us for details on how to rearrange delivery or to arrange collection of the products from a local depot. We are not responsible for delivery failures that are caused by your unavailability to accept the product or by your provision of incorrect shipping details.  If your delivery has been incorrectly delivered due to incorrect shipping details being supplied, it is your responsibility, we will not offer a refund in these circumstances

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

If you do not allow us access to your property to perform the services as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract.

You have legal rights in the UK if we deliver any products late. If we miss the delivery deadline for any products then you may treat the contract as at an end straight away if any of the following apply:

  • we have refused to deliver the products after you have paid in full;
  • delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
  • you told us before we accepted your order that delivery within the delivery deadline was essential.
  • Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery, you can cancel your order for any of the products or reject products that have been delivered. If you wish, you can partially reject or cancel the order (for some of those products, but not all of them), unless splitting them up would significantly reduce their value. After that, we will refund any sums you have paid to us for the cancelled products and their delivery. If the products have been delivered to you, you must post them back to us. For UK customers, we may pay the costs of postage. Please call email us at hello@gentlerecovery.co.uk for a return label.

The product will be your responsibility from the time we deliver the product to the address you gave us or when you collect it from us.

You own a product which is goods once we have received payment in full (i.e. paid in full or paid all payment plan instalments).

What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, including your name, email address, postal address and credit card information (other information may also be needed). If such information is required, this will have been stated in the description of the products on our website or we will separately contact you to request such information. We will contact you to ask for this information if you have not already provided this. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information, we need within a reasonable time of us asking for it.

We may have to suspend the supply of a product to:

  • deal with technical problems or make minor technical changes;
  • update the product to reflect changes in relevant laws and regulatory requirements;
  • make changes to the product as requested by you or notified by us to you.
  • Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency.

We may also suspend supply of the products if you do not pay for them. If you do not pay us for the products when you are supposed to we may suspend supply of the products. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute an unpaid invoice. We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments.

YOUR RIGHTS TO END THE CONTRACT

Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with the item, how we are performing and when you decide to end the contract:

If what you have bought is faulty or mis-described you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back)

If you have changed your mind about the product. 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 returning of any goods.

In all other cases (if we are not at fault and there is no right to change your mind),

Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out below the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:

  • we have told you about an upcoming change to the product or these terms which you do not agree to
  • we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed
  • there is a risk that supply of the products may be significantly delayed because of events outside our control

We have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 7 days; or

You have a legal right to end the contract because of something we have done wrong.

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 in these terms.

Our 100% money-back guarantee (applicable for a period of 30days), starting from the day of purchase when paid in full or the date of your first instalment and issued at our discretion). Please note this guarantee only applies to the Gentle Recovery Programmes digitally delivered, where bought through this website and not to any other items.

We may, at our discretion, issue a refund for the Gentle Recovery equipment (for example yoga straps, yoga bolsters etc that accompany the online course) and this is subject strictly to the purchased equipment being returned to Gentle Recovery un-opened, un-used and in a re-saleable condition. We are not able to issue refunds for equipment that have not been delivered as a result of you providing incorrect shipping information. Returns will be examined by our Team ahead of issuing a refund. This goodwill guarantee does not affect your legal rights in relation to faulty or mis-described products.

Our 30-day money back guarantee applies to unredeemed purchases of any of the Gentle Recovery Online Programmes.

Where gift purchases of the Gentle Recovery programmes have been redeemed within our 30-day money back guarantee period, the following applies:

  • a) The redeeming user understands that upon issuing a refund to the purchaser, they will no longer be a licensed user.
  • b) The redeeming user will be responsible for deleting all downloaded files, or information owned by Gentle Recovery.
  • c) The redeeming user must provide written confirmation within 60 days from the date of original purchase that they accept these terms, before the refund will be issued to the purchaser. Redeeming users should email this confirmation to hello@gentlerecovery.co.uk
  • d) We may refuse to issue a refund for redeemed gift purchases of the Gentle Recovery Online programme, where acceptance of these terms and conditions have not been confirmed in writing as stated.

If you believe the goods, services or digital content delivered to you under these terms do not deliver the content you expected to obtain when you ordered them from us, we will offer you a full refund excluding delivery costs unless the item is faulty.

You must immediately delete all digital content that has been provided or that you have in your possession;

You accept that we will withdraw your access to the digital content when we issue you with the refund; and

You will not share access details or any material or digital content (including any Gentle Recovery material protected by copyright) with anyone at any time.

You do not have a right to change your mind in respect of:

  • Digital products after you have started to stream these, unless you are exercising our 100% money back satisfaction guarantee
  • Services, if you have said that you want the services to be carried out during the 14-day cancellation period and we have agreed to do so, once these have been completed, even if the cancellation period is still running, unless you are exercising our 100% money back satisfaction guarantee as described previously.
  • Products such as the Gentle Recovery yoga equipment, are sealed for health protection or hygiene purposes, once these have been unsealed after you receive them
  • Sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them
  • Any products which become mixed inseparably with other items after their delivery.

How long you have will depend on what you have ordered and how it is delivered;

If you have bought services, for example, private 1-2-1 coaching, you have 14 days after the day we email you to confirm we accept your order. However, if you have said that you want the services to be carried out during the 14-day cancellation period and we have agreed to do so, then once we have completed the services you cannot change your mind, even if the cancellation period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind. This does not affect your right to exercise the 100% money back satisfaction guarantee.

If you have bought digital content for streaming (for example, one of our Gentle Recovery Online Programmes). If so, you have 14 days after the day we email you to confirm we accept your order, or, if earlier, until you start streaming. If we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind, unless you are exercising our 100% money back satisfaction guarantee.

If you have you bought goods (for example, any of our Gentle Recovery Yoga equipment), you have 14 days after the day you (or someone you nominate) receives the goods, unless:

(a) 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.

(b) Your goods are for regular delivery over a set period. In this case you have until 14 days after the day you (or someone you nominate) receives the first delivery of the goods.

Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind, you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods or digital content is completed when the product is delivered or streamed and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end the contract in these circumstances, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you reasonable compensation for) the net costs we will incur as a result of your ending the contract.

HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)

To end the contract with us, please let us know by doing the following:

Email us at hello@gentlerecovery.co.uk Please provide your name, home address, details of the order and, where available, your phone number.

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 either return the goods in person to where you bought them or post them back to us. Please email us at hello@gentlerecovery.co.uk If you are exercising your right to change your mind within the ‘cooling off period’, you must send off the goods within 14 days of telling us you wish to end the contract.

We will pay the costs of return:

  • if the products are faulty or mis-described;
  • if you are ending the contract because we have told you of 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
  • if you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection.

We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

If you are exercising your right to change your mind:

  • We may reduce your refund of the price paid (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop.
  • The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery 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 delivery option.
  • Where the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.

We will make any refunds due to you as soon as possible.

If the products are goods and we have not offered to collect them, your refund will be made within 14 days from either 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.

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

OUR RIGHTS TO END THE CONTRACT

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:

  • you do not make any payment instalment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
  • you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products;
  • you do not, within a reasonable time, allow us to deliver the products to you or collect them from us;
  • you do not, within a reasonable time, allow us access to your premises to supply the services
  • you infringe any of our intellectual property rights detailed in our copywrite notice. -link here?

You must compensate us if you break the contract. If we end the contract in the situations set out abovewe will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

IF THERE IS A PROBLEM WITH THE PRODUCT

If you have any questions or complaints about the product, please contact us. hello@gentlerecovery.co.uk

Where the yoga equipment is defective, you may request a maximum of one replacement per defective item, in writing, no later than 6 months from the date of purchase, whether or not the item has been used by that date.  We may ask you to provide additional information, (including photographs), to enable us to investigate further and also to return the defective item. We are not responsible for replacing items which have stopped working because you have failed to follow the instructions and care information provided when the product was supplied, or because you have used the product in a way other than instructed.

We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in the UK in relation to the product. Nothing in these terms will affect your legal rights.

Summary of your key legal rights in the UK

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website https://www.citizensadvice.org.uk/or call 03454 04 05 06.

If your product is goods, for example yoga equipment, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected life of your product your legal rights entitle you to the following:

  • up to 30 days: if your item is faulty, then you can get a refund.
  • up to six months: if your faulty item can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
  • up to six years: if the item can be expected to last up to six years you may be entitled to a repair or replacement, or, if that doesn’t work, some of your money back.
  • faulty items must be returned for examination ahead of a refund or replacement being issued. We will reimburse the cost of return, if the item is deemed to be faulty.

If your product is digital content, one of our Gentle Recovery Online programmes which is streamed by you, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:

  • if your digital content is faulty, you’re entitled to a repair or a replacement.
  • if the fault can’t be fixed within a reasonable time, or without causing you significant inconvenience, you can get some or all of your money back
  • if you can show the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation

If your product is services, for example private 1-2-1 coaching, the Consumer Rights Act 2015 says:

  • you can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.
  • if you haven’t agreed a price upfront, what you’re asked to pay must be reasonable.
  • if you haven’t agreed a time upfront, it must be carried out within a reasonable time.

Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. Please email us at hello@gentlerecovery.co.uk

PRICE AND PAYMENT

The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct.

All prices listed on the Gentle Recovery website are subject to change without notice. The price on the website supersedes any previous website pricing.

We will pass on changes in the rate of VAT or any other applicable taxes. If the rate of VAT or any other applicable taxes changes between your order date and the date we supply the product, we will adjust the rate of VAT or other tax that you pay, unless you have already paid for the product in full before the change in the rate of VAT or other tax takes effect.

We accept payment by PayPal and the credit and debit cards listed at the checkout stage of your online payment on our website. When you must pay depends on what product you are buying:

For goods, you must provide a payment method before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.

For digital content, you must pay for the products before you begin to stream them. We may suspend access to this content if you do not pay any subsequent instalment.

For services, you will need to make an advance payment of a portion of the price of the services, before we start providing them. We will inform you of this at the time of booking. We will invoice you for the balance of the price of the services when we have completed them. You must pay each invoice within 30 calendar days after the date of the invoice.

We can charge interest if you pay late. If you do not make any payment to us by the due date, we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Barclays Bank from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

If you think an invoice is wrong, please contact us promptly to let us know and we will not charge you interest until we have resolved the issue.

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.

If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

We only supply the products for domestic and private use. If you use the products for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We are not liable for any damages caused by you not following our instructions and your attention is particularly drawn to our medical disclaimer.

HOW WE MAY USE YOUR PERSONAL INFORMATION

Any personal information that you provide to us will be dealt with in line with our privacy and cookie policy which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.

OTHER IMPORTANT TERMS

We may transfer this Agreement to someone else without your consent (including transferring our rights and obligations under these terms to another organisation).

You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We may not agree if you have not followed our instructions in relation to the products at any point or you have not followed these terms and conditions. However, you may transfer to a person who has acquired the product or, where the product is services, any item or property in respect of which we have provided the services. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item or property, for example by email confirmation from you stating they are now the owner.

One licensed user is granted per program purchased. Your log in details are strictly for your personal use and must not be shared, privately or publicly, whether for commercial or non-commercial purposes.

Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

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.

If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

These terms are governed by English law. If you want to bring legal proceedings the courts of the part of the United Kingdom in which you live will have non-exclusive jurisdiction in relation to this contract.

By purchasing our products and agreeing to our terms of sale, you agree that you will not replicate, reproduce, duplicate, copy, sell, resell, distribute or exploit any Gentle Recovery content or format, whether for personal use or commercial gain.