2 0 2 4 MARKS THIRTY (30) YEARS OF BROOKE SILER PILATES EXPERIENCE !
LAST REVISED : JANUARY 22, 2023
These terms and conditions apply to the use of this website and by accessing this website and/or placing an order you agree to be bound by these terms and conditions. Please read these terms and conditions carefully, they contain important information about your rights and obligations.
We have tried to make our terms and conditions as clear as possible, however if you do have any questions about the information here please contact us before you place an order. You can email us at: firstname.lastname@example.org
1.1. This website is operated by 'Brooke Siler Pilates' (referred to as "Brooke Siler Pilates", I/me/we/our/us). As a user of this website (referred to as "you/your") you acknowledge that any use of this website including any transactions you make ("use/using") is subject to these terms and conditions here and our policies governing returns and refunds, shipping and delivery, privacy and website cookies.
1.2. You are encouraged to read through these terms and conditions carefully before using this website and print a copy for your reference. Please ensure you also read the following policies. Your use of this website constitutes your acceptance to be bound by these policies.
1.3. The "buyer" is an individual, firm or company wishing to purchase goods and/or services from Brooke Siler Pilates.
1.4. The "contract" means the overall agreement which forms the legal contract between the buyer (you) and Brooke Siler Pilates (us), and which may comprise and include some or all of the following:
1.6. If you are using this website in your capacity as a person for purposes of his or her trade, business or profession, you confirm that you have authority to accept these terms and conditions.
1.7. When you use certain Brooke Siler Pilates products or services please read the additional information provided with regards to such products or services as this information will provide you with full details on how to use such products or services.
1.8. Certain website services will require registration and subsequent access to those services will be subject to an approved login name and password ("login details"). Information that you provide on this website must be accurate and complete. All password details are accepted and may be withdrawn at our sole discretion and are exclusive to you and non-transferable and must be treated as strictly confidential at all times. In the event that you have any concerns regarding your password details or become aware of any misuse then you must inform us immediately (see Contact Us for more information and full contact details).
1.9. You must be eighteen years old to use this site. If you are under eighteen, you may only use the site in conjunction with, and under the supervision of, a parent or guardian. If you do not qualify, please do not use the site.
2. GOODS, PRICING AND AVAILABILITY
2.1. We shall make all reasonable efforts to ensure that all descriptions and graphical representations of goods available from us correspond to the actual goods. Please refer to section 6 if you receive incorrect goods that are not as described.
2.2. Images of goods are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product sold due to differences in computer displays and lighting conditions.
2.3. Images and/or descriptions of packaging are for illustrative purposes only, the actual packaging of goods may vary.
2.4 All prices are quoted in British Pounds (£/GBP). Prices do not include shipping, unless explicitly stated. Please see shipping and delivery policy page for further details.
2.5. You acknowledge and agree that you are buying a product made from natural wood, and each piece of handcrafted, cut wood is unique. knots, cracks, grain variations, and colour differences are inherent characteristics and enhance the natural beauty and uniqueness of each piece.
2.6. We do not guarantee that goods will be available at the time your order is placed on the website. Stock indications are provided, however such indications may not accurately represent the actual number of items available at the time your order is placed.
2.7. Minor changes may, from time to time, be made to certain goods between the time your order is placed and the dispatching of the goods, for example, to reflect changes in relevant laws and regulatory requirements, or to address particular technical or security issues. Any such changes will not change any characteristics of the goods that will affect its purpose or your use of those goods. However, if any such changes would affect the purpose or your use of the goods, suitable information will be provided to you.
2.8. We make all reasonable efforts to ensure that all prices shown on our site are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. Changes in price will not affect orders that have been confirmed and for which payment has been successfully processed.
2.9. Except for purchases made in the UK, prices shown on the website are exclusive of any customs and/or import duties and sales tax that may be applicable to your country. The buyer will be responsible for paying the import costs levied by the country the goods are being shipped to.
2.10. Delivery charges are not included in the price of the goods displayed on the website. For more information on delivery charges, please refer to our shipping and delivery policy. Delivery options and related charges will be presented to you as part of the checkout process.
2.11. We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of Brooke Siler Pilates. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited by law.
3. ORDER PROCESS, CREATION & CANCELLATION
3.1. By placing an order with Brooke Siler Pilates, you agree to be bound by the terms and conditions set out herein. These terms and conditions of sale form the contract between you and us. Please refer to the GENERAL section 1.4 of these terms and conditions.
3.2. All orders that you place on this website will be subject to acceptance in accordance with these terms and conditions.
3.4. The order 'checkout' stage sets out the final details of your order. You accept responsibility for the information provided at checkout and warrant you are authorised to make payment using the financial details provided.
3.5. Our acceptance of your order will take place when you receive the email confirming order acceptance and an attached payment invoice, at which point the contract will come into existence between you and us.
3.6. Order completion will take place when we send you an order dispatch email, unless we have notified you that we do not accept your order or you have cancelled it (please refer to our returns and refunds policy). Only those goods listed in the order dispatch email will be included in the contract formed.
3.7. Non-acceptance of an order by us, may include one of the following reasons:
3.8. You are allowed to cancel your order under the Distance Selling Regulations terms set out in the UK Consumer Rights Act 2015. To exercise your right to cancel you must notify us within 14 working days after delivery. We require that the goods are returned to us by you, at your expense (unless the goods are damaged, faulty or delivered to you in error). Please refer to our returns and refunds policy for full details.
3.9. If you wish to exercise your right to cancel this contract after your order has been despatched, we will refund purchase price and delivery charge (as laid out in our returns and refunds policy), provided that you have notified us in writing no longer than 14 working days after the day on which you receive the goods.
3.10. The goods must be returned to us within 14 working days of the contract being cancelled. You will bear the direct costs only of returning the goods to us. You must take reasonable care of the goods. The goods must be undamaged and have no visible signs of use.
3.11. If we do not receive the item back from you, we may arrange for collection of the item from your residence at your cost. If you fail to return the goods within the 14 day period then we may have a claim against you for a breach of your statutory duty. Please follow the procedure set out in our returns and refunds policy.
3.12. Please note that the right to return goods under the Distance Selling Regulations does not apply to downloaded or streamed media, software or videos products, unless they are faulty, damaged or not as described.
3.13. We do not file details of your order for you to subsequently access directly on this website; therefore please print out these terms and conditions, the order acknowledgement, and confirmation for your own records.
3.14. Discount codes may from time to time be offered to account holders; such codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered. We may from time to time offer promotional discount codes which may apply in respect of any, or certain specified, purchases made through www.brookesilerpilates.com Only one promotional discount code can be applied to an order. Codes must be redeemed at the time of placing an order and under no circumstances can a discount be applied in retrospect. Discount codes can be withdrawn at any time and not transferable.
4. SHIPPING & DELIVERY
4.1. All goods must be signed for by an adult aged 18 years or over, on delivery.
4.2. Delivery charges and timescales are provided at checkout. We make every effort to ensure orders are processed and despatch within 3 working days, however we are unable to guarantee the delivery timescales shown. Brooke Siler Pilates shall not be liable for any delay or failure to deliver the products within timescales shown.
4.3. Risk of loss of products passes to you on the date when the products are delivered.
4.4. Any discrepancies from the packing slip enclosed with your shipment must be reported to us within 3 business days from the date you received the shipment.
4.5. Please refer to our shipping and delivery policy for more detailed information.
5.1. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
5.2. We take payment from your card (via Stripe) or PayPal account at the time we receive your order, once we have checked your card or PayPal details and stock availability. Goods are subject to availability. In the event that we are unable to supply the goods, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the goods. Additional Terms and Conditions for payments made by PayPal can be found at www.paypal.co.uk. (Brooke Siler Pilates is not responsible for the content of external websites).
5.3. The price you pay is the price displayed on this website at the time we receive your order apart from the following exception: While we try and ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
5.4. Payment can be made by MasterCard, Visa, Delta, Solo, Maestro or PayPal. Other payment methods may be available when you go through to checkout. Payment information will be given when you go through to the checkout page after you have supplied your delivery details. If payment is made via credit or debit card, your transaction will appear as "brookesilerpilates" on your card or bank statement.
5.5. Purchases with a discount or promotion code must be used in accordance with the terms set out in 3.13. If the discount or promotion code is not entered before the order is completed we regret that we are unable to apply the discount or promotion price retrospectively.
5.6. We reserve the right to stop any promotion or discount pricing at any time.
5.7. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
5.8. To ensure the information you provide is secure, this website uses a security certificate issued by GoDaddy.com, Inc. We use internet encryption technology to encrypt your personal data when you transmit it to us. This process is known as SSL (secure sockets layer) encryption.
5.9. We do not hold any of your credit or debit card details anywhere on our website. These details are passed securely to our payments processor for authorisation by your bank. If you choose to store your card details for future payments, these details are held by our payment processor and not by us.
6. RETURNS & CANCELLATIONS
6.1. In the unlikely event that you receive faulty, damaged or incorrect goods, please refer to our returns and refunds policy. An RMA (returned merchandise authority) number must be obtained prior to returning goods.
6.2. If a returned item is found not to be faulty by our manufacturer, you will be liable for the cost of re-delivery shipping.
6.3. Please be aware that the some items sold on this website are made of natural materials. By purchasing these items you acknowledge and agree that you are buying a product made from natural wood, and each piece of cut wood is unique. Grain variations, and colour differences are inherent characteristics and we therefore cannot guarantee the delivery of a particular colour which may be shown in product photos or website images. In the event that you wish to cancel the order because of variations in colour and/or the texture, you agree to be responsible for the cost of shipping, to return the item to us.
6.3. Where applicable, you may cancel your order in accordance with your rights under the Distance Selling Regulations (see the returns and refunds policy page for further details).
6.4. All sizes and weight measurements are approximate to the closest degree.
7. INTELLECTUAL PROPERTY
7.1. The TENSATONER mark is a Trade Mark granted by the Intellectual Property Office No: UK00003904096 in May of 2023. You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available as part of your use of this website shall remain at all times vested in Brooke Siler Pilates or our licensors. You are permitted to use this material only as expressly authorised by Brooke Siler Pilates or our licensors.
7.2. You acknowledge and agree that any other use of the material and content of this website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
7.3. The Tensatoner product is a small resistance device used in Pilates and general fitness exercises, its concept having been first published by Brooke Siler in the Women's Health Big Book of Pilates, ISBN978-1-62336-092-4, October 12, 2013. The product, concept, design, drawings and name are the intellectual property of Brooke Siler Pilates. All design variants of the Tensatoner product are owned by Brooke Siler Pilates. The buyer acknowledges and agrees that they shall not at any time work, in any form or facet, on production of the Tensatoner or any device that resembles or copies the Tensatoner device.
8.1. The Tensatoner device comes with a one year warranty for any manufacturing defects. If your Tensatoner product fails within one year from the date of purchase due to a defect in material or workmanship, we will repair or replace the product free of charge after the manufacture has inspected the device and confirmed the fault or defect. We will also cover the shipping costs associated with repairing the Tensatoner under warranty.
8.2. The Tensatoner warranty will not be valid for,
8.3. In the event the product develops a fault, please contact us at email@example.com. Please do not try and repair the unit yourself, as this will void the warranty.
9.1. Nothing in these terms of business affect your legal rights or limit our legal responsibility for death, personal injury or fraudulent misrepresentation resulting from our negligence, or any other liability which we cannot limit or exclude by law. (This includes our legal responsibility under section 2(3) of the Consumer Protection Act 1987).
9.2. These terms of business will be governed by English law. Any disputes will be dealt with by the English courts. If any provision of these Terms and Conditions (including any provision in which we exclude or limit our liability to you) is found to be invalid, illegal or unenforceable, the validity, legality or enforceability of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected. Our contract shall be governed by and interpreted in accordance with English law.
9.3. We will not compensate for delivery delays or failures that are outside our control. We will not be legally responsible to you for any losses which both we and you could not foresee at the time you bought the goods. We will not be legally responsible to you for any business losses.
9.4. Brooke Siler Pilates will use reasonable endeavours to verify the accuracy of any information on the site but makes no representation or warranty of any kind, express or implied statutory or otherwise, regarding the contents or availability of the site or that it will be timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs, or represents the full functionality, accuracy, reliability of the website. Brooke Siler Pilates will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website and Brooke Siler Pilates accepts no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the site.
9.5. These terms and conditions do not create or confer any rights or benefits enforceable by any person that is not a party within the meaning of the UK Contracts "Rights of Third Parties) Act 1999", except:
9.6. These terms and conditions, including the documents or other sources referred to in these terms and conditions, supersede all prior representations, understandings and agreements between you and Brooke Siler Pilates relating to the use of this website (including the order of products) and sets forth the entire agreement and understanding between you and Brooke Siler Pilates for your use of this website.
9.7. Nothing stated in these terms and conditions or our other policy sections affects your statutory rights.
10. COMMENTS, PRODUCT REVIEWS & OTHER SUBMISSIONS
10.1. We welcome your comments regarding this site and encourage you to submit a review of products you have used. Any comments, feedback, suggestions, product reviews or other communications (collectively, "comments") sent to us shall be and remain the exclusive property of Brooke Siler Pilates. Your submission of comments will constitute an assignment to Brooke Siler Pilates of all worldwide rights, title and interests in all copyrights and other intellectual property rights in the comments.
10.2. Whilst we do not pre-screen comments, Brooke Siler Pilates will be entitled to copy, disclose, display or perform publicly, improve and modify any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. Brooke Siler Pilates will also be entitled to reduce to practice, use, and improve upon any ideas or inventions that you submit to us in any Comments for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information, product ideas, inventions, or original artwork.
10.3. We reserve the right to edit reviews and other materials presented by users, but we do not take responsibility for the truth or accuracy of the comments, nor do we take responsibility if the Comments we publish are deemed objectionable or offensive by certain individuals or entities. Comments must not:
11. MISCELLANEOUS PROVISIONS
11.1. All personal information that we may use will be collected, processed, and held in accordance with the provisions of UK Regulation, General Data Protection Regulation ("GDPR") and your rights under the GDPR.
11.3. The contract between us shall be governed by the laws of England and any dispute between us will be resolved exclusively in the courts of England. English is the only language offered for the conclusion of the contract.
11.4. Our products are sold for domestic personal use only. If you are planning to use them for business purposes please make sure that you are covered by the appropriate insurance. Where you decide to use the products in the course of a business, we exclude (to the fullest extent permitted by law) those warranties and conditions relating to fitness for a particular purpose. Our maximum liability to business users arising out of or in connection with the products shall be limited to the replacement value of the product in question (except in the case of death or personal injury caused by our negligence or in respect of fraud). We do not accept liability for loss of use of the item, nor any loss over and above the cost of the item in the event of a claim for breach of warranty or condition.
11.5. To provide increased value to our customers, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review nor endorse and are not responsible or liable, directly or indirectly, for
11.6. You may not permit, create unauthorized framing of, or deep linking to www.brookesilerpilates.com or the creation of derivative works thereof from any other website under your management or control.