Exercise 0 is a company registered in France, with its registered office at 30, rue d’Alleray, 75015 Paris (the “Company“). The Company operates the website: exercise0.com
(the “Website“).
- Understanding these terms
1.1 These terms and conditions (“Terms and Conditions“) are divided into three parts:
1.1.1 part 1: the terms of use (“Terms of Use“). These describe how you may: (i) access and use the Website and the content on it; and (ii) interact with the Website by (for example) submitting comments, images, videos or any other type of material. By using the Website you confirm that you accept the Terms of Use and that you agree to comply with them;
1.1.2 part 2: the terms of sale (“Terms of Sale“). These set out the terms on which you may order the products available on the Website (“Products“). The Terms of Sale will become binding on you when you submit an order for Products via the Website and will be incorporated into the contract between you and us in relation to such order for Products (“Contract“); and
1.1.3 part 3: general terms (“General Terms“). These set out certain terms and conditions that apply equally to your use of the Website under the Terms of Use and any purchases that you make through the Website under the Terms of Sale, including (for example) where you should direct any complaints and the law that governs these Terms and Conditions.
1.2 When certain words and phrases are used in these Terms and Conditions, they have specific meanings (these are known as “defined terms“). You can identify these defined terms because they start with capital letters (even if they are not at the start of a sentence). Where a defined term is used, it has the meaning given to it in the section of these Terms and Conditions where it was defined (you can find these meanings by looking at the sentence where the defined term is included in brackets and speech marks).
1.3 In these Terms and Conditions, when we refer to “we“, “us” or “our“, we mean the Company; and when we refer to “you” or “your” we mean you, the person accessing or using the Website.
1.4 Please note that we only use your personal information in accordance with our privacy policy (available here) (which also includes information about your data rights).
PART 1: TERMS OF USE
The Website
2.1 The Website is made available free of charge. We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted. Access to the Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Website without notice. We will not be liable to you if for any reason the Website is unavailable at any time or for any period. We may update the Website and/or change the content on it at any time.
2.2 You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms and that they comply with them.
2.3 The Website and the content on it are provided for general information purposes only. They are not intended to amount to advice on which you should rely.
- You may only use the Website for your own domestic, private and non-commercial use.
Your account and password
3.1 You will need to register an account with us on the Website in order to access certain services available on the Website (“Account“). If you register an Account, you will be asked to provide certain information (such as your email address) and to create a password, as part of our security procedures. You must treat such the password as confidential and you must not disclose it to any third party.
3.2 We have the right to disable any Accounts and/or passwords, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
3.3 If you know or suspect that anyone other than you know your Account login details, you must immediately notify us at [email protected]
- You are responsible for any unauthorised use of your Account login details.
- Acceptable use
General
4.1 You agree not to:
4.1.1. use the Website in any way that breaches these Terms and Conditions or any applicable local, national or international law or regulation;
4.1.2. copy, or otherwise reproduce or re-sell any part of the Website unless expressly permitted to do so in these Terms; or
4.1.3. do any act or thing that might damage, disrupt or otherwise interfere with the operation of the Website or any equipment, network or software used in operating the Website.
4.2 User Generated Content
4.2. If it is the case that you supply/upload any content to the Website – whether it be pictures, text, sound recordings or whatever – the content you supply (“User Generated Content“) must comply with the following rules:
4.2.1. it must not be obscene, abusive, offensive or racist and it must not promote or propose hatred or physical harm against anyone;
4.2.2. it must not harass or bully another person;
4.2.3. it must be true and honest so far as you know;
4.2.4. it must not be defamatory of anyone;
4.2.5. it must not use the material or content or infringe the rights or privacy of anyone else; for example you should not use images of well-known characters, footage or music (unless it is your own);
4.2.6. it must not contain someone else’s personal details or confidential information relating to other people; and
4.2.7. it must not promote or condone terrorism, violence or illegal behaviour.
4.3 We reserve the right to refuse to accept or refuse or cease to use any User Generated Content supplied by any person that we think contravenes these rules.
4.4 In addition, we may from time to time provide interactive services on the Website that shall enable you to upload User Generated Content, including, without limitation:
4.4.1 comment facilities;
4.4.2. chat rooms; and/or
4.4.3. bulletin boards,
4.4.4. (together “Interactive Services“).
4.5 Where we provide an Interactive Service, we will use reasonable endeavours to provide information to you about the kind of service offered and if it is moderated. However, we are under no obligation to oversee, monitor or moderate any Interactive Service we provide.
4.6 The use of any of our Interactive Services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an Interactive Service that it is important that they communicate with their children about their safety online. Minors who are using any Interactive Service should be made aware of the potential risks to them.
Viruses
4.7 We do not guarantee that the Website will be totally secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access the Website and we recommend that you use your own virus protection software.
4.8 You must not misuse the Website 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 the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website 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 the Website will cease immediately.
- Intellectual property
5.1. We are the owner or licensee of all intellectual property rights in the Website and its content, the Exercise 0 name and mark and Exercise 0 product names, images and packaging. Those works are protected by intellectual property laws and treaties around the world. All such rights are reserved.
5.2. You are not granted any right to use, and may not use, any of our intellectual property rights other than as set out in these Terms and Conditions. You must not use the Website (or any part of it or its content) for commercial purposes; however, you may download material from the Website solely for non-commercial, personal use by you.
5.3 No part of the Website, including, without limitation, the text, designs, graphics, photographs and images contained in it, may be copied, reproduced, republished, uploaded, re-posted, modified, transmitted or distributed or otherwise used in any way for any non-personal, public or commercial purpose without our prior written consent.
5.4. Any communications or materials you send to us through the Website by electronic mail or other means will be treated as non-proprietary and non-confidential (other than communications in respect of your order if you use the Website to buy products from us). We are free to publish, display, post, distribute and otherwise use any ideas, suggestions, concepts, designs, know-how and other information contained in such communications or material for any purpose, including, but not limited to, developing, manufacturing, advertising and marketing us and our products.
- Our liability
6.1. Nothing in these Terms of Use excludes or limits our liability for:
6.1.1. death or personal injury caused by our negligence;
6.1.2. fraud or fraudulent misrepresentation; and
6.1.3. any matter in respect of which it would be unlawful for us to exclude or restrict our liability.
6.2. If you have registered for an Account (or purchase any Products from us) then if we fail to comply with these Terms of Use, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms of Use or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time that you accessed the Website.
6.3. Nothing in these Terms of Use affects your statutory rights. Advice about your statutory rights is available from your local Citizens’ Advice Bureau or Trading Standards Office.
6.4. We only supply the Website for domestic and private use. You agree not to use the Website, or any content on the Website, 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.
6.5. We assume no responsibility for the content of websites linked to from the Website (including links to our commercial sponsors and partners). 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.
PART 2: TERMS OF SALE
- Ordering Products
7.1. You must be at least 18 years old to place an order for Products via the Website (an “Order“).
7.2. In order to submit an Order via the Website you can either proceed as a guest or you can register an Account and then follow the procedure set out on the Website to submit your Order. You should check all of the information that you enter and correct any errors before submitting your Order, as once your Order is submitted we will begin processing it immediately.
7.3. Your Order constitutes an offer to us. We will confirm our acceptance of your Order by sending you an email confirming the information you included in your Order and providing a delivery estimate (the “Confirmation Email“). These Terms and Conditions and the Order will become legally binding on you and us when we send you the Confirmation Email and each Order shall incorporate the Terms and Conditions and shall be a new and separate Contract between you and us.
7.4. In the event that we have overbooked or misplaced any Products or we discover any Products are faulty prior to despatching them and are therefore unable to fulfil your Order, we will notify you immediately and refund you the full amount.
- Delivery
8.1. The costs of delivery will be as displayed to you on the Website.
8.2. We will provide you with a delivery period during the Order process, and will confirm such delivery period in the Confirmation Email.
8.3. If our supply of the Products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay.
8.4. If no one is available at your address to take delivery of the Products, we will leave you a note informing you of how to rearrange delivery or collect the Products from a local depot.
8.5. 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. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the Contract and clause 13.2 will apply.
8.6. You have legal rights if we deliver the 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:
8.6.1. we have refused to deliver the Products;
8.6.2. delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
8.6.3. you told us before we accepted your Order that delivery within the delivery deadline was essential.
8.7 If you do not wish to treat the Contract as at an end straight away, or do not have the right to do so under clause 8.6, you can give us a new deadline for delivery, which must be reasonable, and you can treat the Contract as at an end if we do not meet the new deadline.
8.8 If you do choose to treat the Contract as at an end for late delivery under clause 8.6 or clause 8.7, you can cancel your Order for any of the Products or reject Products that have been delivered. If you wish, you can reject or cancel the Order for some of those Products (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 either post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please contact us using the details set out in clause 17 for a return label or to arrange collection.
8.9 A Product will be your responsibility from the time we deliver the Product to the address you gave us. You own a Product once we have received payment in full.
- Payment
9.1. The prices for the Products and delivery are set out on the Website and are inclusive of VAT (if applicable).
9.2. It is always possible that, despite our best efforts, some of the Products may be incorrectly priced. We will normally check prices before accepting your Order so that, where a Product’s correct price at the time of your Order is less than our stated price at that time, we will charge the lower amount. If the Product’s correct price at the time of your Order is higher than the price stated to you, we will contact you for your instructions before we accept your Order. If we accept and process your Order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the Contract and refund you any sums you have paid.
9.3. If your payment is not authorised, your Order will not be fulfilled.
- Cancellation and refunds
Cancellation/changes to an Order
10.1. You have a legal right to change your mind and cancel the Contract between you and us within 14 days of delivery of your Products without giving a reason. This right, under the Consumer Contracts (Information, Cancellation and Charges) Regulations 2013, is explained in more detail below. Please note that the right to change your mind does not apply to any bespoke Products you purchase from us (i.e. Products that we create to your specification or are clearly personalised).
10.2. The cancellation period will expire 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the Products. You may cancel the Contract in respect of all Products delivered or in respect of certain of the Products only. Where you order multiple Products in one order or a Product is delivered in separate parts, lots or pieces, the cancellation period will expire 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last Product, part, lot or piece that makes up your Order.
To exercise the right to cancel, you must inform us of your decision to cancel the Contract with us by making a clear statement (e.g. a letter sent by post or email). The easiest way to do this is to contact our Customer Services team, their contact details can be found in clause 17. You may use the following model cancellation form but you are not required to do so:
- Model Cancellation Form
10.1.To meet the cancellation deadline, it is sufficient for you to send your communication oncerning the exercise of your right to cancel before the cancellation period has expired.
10.2. If you exercise your right to cancel using the model cancellation form, we will send you an acknowledgement of receipt of your notice to cancel by email.
10.3. If you cancel the Contract with us, we will reimburse you all payments received from you, including the cost of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us and for any deductions permitted under clause 10.9).
Model Cancellation Form
To: Exercise 0, 30, rue d’Alleray, 75015 Paris
E-mail address: : [email protected]
I/We(*) hereby give notice that I/We(*) cancel from my/our (*) contract of sale of the following goods(*)/for the provision of the following service*,
Ordered on(*) / received on(*)
Name of consumer(s),
Address of consumer(s),
Signature of consumer (only if this form is notified on paper)
Date
10.4. We will make the reimbursement without undue delay, and not later than:
10.4.1. 14 days after the day we receive back from you any Products supplied;
10.4.2. (if earlier) 14 days after the day you provide evidence that you have returned the Products; or
10.4.3. if there were no Products supplied, 14 days after the day on which we are informed about your decision to cancel this Contract.
10.5. We may withhold reimbursement until we have received the Products back or you have supplied evidence of having sent back the Products, whichever is the earliest.
10.6. We may make a deduction from the reimbursement for loss in value of any Products supplied, if the loss is the result of unnecessary handling by you. You are only liable for any diminished value of the Products resulting from the unfair and/or unreasonable wear and tear of the Products other than what is necessary to establish the nature, characteristics and functioning of the Products. We may make a deduction from any reimbursement (you are entitled to from us) for such loss in value of any Products we supply.
How to return Products
10.7. If you wish to exercise your rights to a refund under this clause 10, you must return those Products to the following address: Exercise 0, 30, rue d’Alleray, 75015 Paris, FRANCE. We will pay the costs of return if the Products are faulty or misdescribed in accordance with clause 10.13.
10.8. You are responsible for taking reasonable care of the Products until they are returned to us. We recommend that you return them to us using the recommended shipping procedure added in the parcel and that you keep proof of postage. We will be unable to provide you with a full refund if the Products are not returned to us or if they are damaged when they arrive.
Refund payments
10.9. We will make the reimbursement using the same means of payment as you used for the initial transaction; you will not incur any fees as a result of the reimbursement.
Other refunds
10.10. You have legal rights in relation to Products that are not as described, faulty or otherwise not fit for purpose. If you believe that any Products that you have ordered do not conform with these Terms of Sale, please contact our Customer Services Team to request a replacement or refund.
10.11. If, due to unforeseen circumstances, we are unable to fulfil your Order or any of the Products in a particular Order, we will refund the value of the Product(s) that we were unable to fulfil and, if the full Order is cancelled, any delivery charges. You may obtain a refund by contacting us (see clause 17 below for the contact details).
- Products
11.1. The images of the Products on the Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the Products. Your Product may vary slightly from those images.
11.2. If we are making a Product to measurements you have given us, you are responsible for ensuring that these measurements are correct.
- Liability
12.1. Nothing in these Terms of Sale excludes or limits our liability for:
12.1.1. death or personal injury caused by our negligence;
12.1.2. fraud or fraudulent misrepresentation; and
12.1.3. any matter in respect of which it would be unlawful for us to exclude or restrict our liability.
12.2. If we fail to comply with these Terms of Sale, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms of Sale or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time that the Contract between you and us for your Order became binding (i.e. when the Confirmation Email for that Order was issued).
12.3. We are under a legal duty to provide you with Products that are in conformity with the terms applying to your Order. Nothing in these Terms of Sale affects your statutory rights. Advice about your statutory rights is available from your local Citizens’ Advice Bureau or Trading Standards Office.
12.4. We only supply Products for domestic and private use. You agree not to use the Products 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.
12.5. Notwithstanding clause 12.2, and save as set out in clause 12.1, our maximum liability to you under these Terms of Sale in respect of any particular Order will be limited to the value of that Order (which includes any delivery charges) as set out in the relevant Confirmation Email.
PART 3: GENERAL TERMS
- Suspension and termination
If you breach any of these Terms and Conditions, we may immediately do any or all of the following (without limitation):
13.1.1. issue a warning to you;
13.1.2. temporarily or permanently remove any User Generated Content uploaded by you to the Website;
13.1.3. temporarily or permanently withdraw your right to use the Website;
13.1.4. suspend or terminate your Account;
13.1.5. issue legal proceedings against you for reimbursement of all costs resulting from the breach (including, but not limited to, reasonable administrative and legal costs);
13.1.6. take further legal action against you;
13.1.7. cancel any outstanding Orders; and/or
13.1.8. disclose such information to law enforcement authorities as we reasonably feel is necessary to do so.
13.2. If we end a Contract in the situations set out in clause 13.1, we will refund any money you have paid in advance for Products we have not provided. You may also be liable to us for damages if you breach these Terms and Conditions.
- Changes to these Terms and Conditions
We may make changes to these Terms and Conditions from time to time (if, for example, there is a change in the law that means we need to change these Terms and Conditions) but the Terms of Sale applicable at the time of your Order will apply to that Order. Please check these Terms and Conditions regularly to ensure that you understand the Terms and Conditions that apply at the time that you access and use the Website and/or order Products.
- Other important information
15.1. Each of the clauses of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.
15.2. If we fail to insist that you perform any of your obligations under these Terms and Conditions, 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.
15.3. If you wish to have more information on online dispute resolution, please follow this link to the website of the European Commission: http://ec.europa.eu/consumers/odr/. This link is provided as required by Regulation (EU) No 524/2013 of the European Parliament and of the Council, for information purposes only. We are not obliged to participate in online dispute resolution.
- Governing law and jurisdiction
16.1. These Terms and Conditions are governed by English law. This means that your access to and use of the Website, your purchasing of Products, and any dispute or claim arising out of or in connection therewith (including non-contractual disputes or claims) will be governed by English law.
16.2. You may bring any dispute (including non-contractual disputes or claims) which may arise under these Terms and Conditions either to the English courts or to the competent court of your country of habitual residence if this country of habitual residence is a member state of the European Union, which courts are – with the exclusion of any other court – competent to settle any such dispute. We shall bring any dispute (including non-contractual disputes or claims) which may arise under these Terms and Conditions to the competent court of your country of habitual residence if this is in a member state of the European Union or otherwise the English courts.
16.3. As a consumer, if you are resident in the European Union and we pursue our commercial activities in, or direct our services to, that member state in relation to these Terms, then you will benefit from any mandatory provision of law of that member state. Nothing in these Terms, including clause 16.1, affects your rights as a consumer to rely on such mandatory provisions of local law.
- Contacting us
17.1 Should you have any reasons for a complaint, we will endeavour to resolve the issue and avoid any re-occurrence in the future. You can always contact us by using the following details:
Address: 30, rue d’Alleray, 75015 Pari
Email address: [email protected]
Thank you.
Terms and Conditions last updated: 2020