Updated 7 October 2020
Kite Studios Limited are registered in England and Wales. The registered office is 2B Bassein Park Road, London, W12 9RY.
The following terms and conditions listed below will apply between you and Kite Studios Limited for the sale and purchase of the items contained in your basket. The terms do not affect your statutory rights.
Refund/Cancellation Policy We hold a strict non-refundable policy.
Pricing We make every attempt to ensure that all prices on our website are accurate, however discrepancies may occur. If we discover an error in the price of services already ordered we will inform you as soon as possible. We will ask that you reconfirm your order at the correct price, whilst also giving you the option to cancel it. If we are unsuccessful in contacting you we will consider the order cancelled. If we cancel your order, you will receive a full refund.
Validity By ordering a service you accept these terms and conditions. The terms and conditions are subject to change at any time, and it is your responsibility to check these terms and conditions regularly before ordering products in case there are any changes.
Your Undertakings and Warranties You warrant that the information given on your order form is complete and accurate.
Acknowledgement of Order When you have completed your order you will be sent an e-mail confirmation. It will state what the services are on order, the total cost including VAT (where appropriate). If for any reason your order cannot be processed, we will contact you to explain the nature of the difficulty.
Our Contract No contract for the sale of any services will subsist between you and Kite Studios Limited until the services(s) ordered have been purchased. We will send a confirmation email when your purchase is made. This confirmation e-mail amounts to an acceptance by Kite Studios Limited of your offer to buy services.
Data Protection Kite Studios Limited will never make your personal details available to other companies for marketing purposes. We will keep a record of your address details with the intention of sending your order. Information you enter into our registration forms may be collected and stored briefly by us so that we may contact you in relation to the nature of your attempted transaction, even if you do not confirm the transaction. This may be used to send operational emails to enquire as to why the purchase was not completed. We will not use this data for any other purpose, we will not store it for longer than necessary and we certainly will not share it with any other company. Our aim is simply to provide you with the highest level of service that we can.
Payment On line payment is by Stripe only. All credit and charge card payments made over the telephone are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, your order will not be accepted and the Kite Studios Limited will not be liable for any delay or non-delivery.
Force Majeure Kite Studios Limited shall have no liability to you for any failure to deliver goods and services you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond its reasonable control.
Limitation of Liability Although we take every care to ensure accuracy, we make no warranties as to the accuracy of the information we place on our web pages. The extent of our liability for any breach of these terms and conditions shall be limited to the value of the goods ordered by you in the relevant transaction, however nothing in these terms and conditions shall exclude or limit our liability for death or personal injury as a result of any negligence on the part of Kite Studios Limited.
Invalidity of Terms and Conditions If for any reason part of these terms and conditions is unenforceable; the validity of the remaining terms and conditions shall not be affected.
Governing Law and Jurisdiction These Terms shall be governed by and construed in accordance with English Law and agree to submit to the exclusive jurisdiction of the English courts.
WAIVERS RELATING TO SPECIFIC ISSUES
Following the outbreak of the novel Coronavirus (COVID-19), we are doing everything we can to protect you, our other customers, the community generally and our staff. To this extent, we will be following UK government advice with regard to social distancing practices and sanitation. We ask that our customers disclose their health history and help us with comply with our safety practices.
Symptoms of COVID-19 include:
- Dry Cough
- Difficulty Breathing
I agree to the following:
- I have not, nor have any members of my household, experienced any of the symptoms listed above within the last 14 days.
- I do not, nor do any members of my household, believe that we have been exposed to someone with a suspected and/or confirmed case of the Coronavirus (COVID-19).
- I have not, nor have any members of my household, been diagnosed with the Coronavirus (COVID-19) within the last 30 days.
If any of the above apply to you, please do not come to the studio for the next 14 days. Following that time, the next time you come to the studio, please provide a medical certificate showing that you are now free from Coronavirus (COVID-19). If any of your memberships, passes or dates for drop-ins have been affected by this, we will extend these on receipt of a medical certificate that we approve.
We are following specific practices to prevent the spread of the Coronavirus (COVID-19). These include but are not limited to:
- Customers must comply with all social distancing guidelines posted on notices at our venue, communicated by our staff, guidance we let you know of via email or otherwise and all other government guidelines.
- Each customer is required to wash or disinfect their hands upon arrival.
- Attendance in each class needs to be booked online on our website.
We operate limited class sizes, which may affect the availability of classes on certain days and times.
We cannot be held liable for any exposure to the Coronavirus (COVID-19) at our venue – this could be caused by several factors outside of our control; and despite our best attempts to sanitise our venue and prevent all people from attending our venue who might be ill, it is not possible to guarantee this. For example, people who attend could be asymptomatic. We live in a world with many viruses, such as the common cold and influenza and it is not always possible to avoid infection with these – we will do our best to make sure you are not exposed, but we cannot guarantee this.
I hereby release and agree to hold the Company (and its directors and employees) harmless from any and all causes of action, claims, demands, damages, costs, expenses and compensation or loss to myself or others, that may arise in any way in connection with attendance at the studio. In particular, I agree to release you from any and all such liability for the unintentional exposure or harm due to the Coronavirus (COVID-19).
Personal Belongings and Safety
Neither Kite Studios Limited, nor its employees or agents, shall be liable for any loss, damage or theft of any property (including bicycles) brought onto or left outside the premises. For security reasons customers may take personal belongings and valuables into the yoga and treatment rooms.
Removal from the venue and possible banning
Should any person not comply with any of the rules above, or instructions reasonably given by our staff at the venue, we may first give a verbal warning, which may be escalated to a ban with repeated breaches (except in serious cases, when immediate removal and/or banning may be appropriate). At our absolute discretion we will determine whether someone should be removed from the premises or banned from the venue and the length of the ban. No refunds of any sort will be given.
Availability of Classes
We may change our opening days or hours for operational reasons. All classes are subject to availability and we may limit availability for health or operational reasons.
Limitation of Liability
- In consideration of Kite Studios Limited allowing me to participate in its classes and use its facilities, I agree to the limitations and exclusions of liability set out below, which cover all liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
- Kite Studios Limited will not be liable to me in respect of any personal injury (including without limitation serious injury or death) that I may suffer or sustain directly or indirectly as a result of attending any class(es) or using the facilities.
- Kite Studios Limited shall not be liable to me in respect of any other losses arising as a result of any such personal injury including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
- Kite Studios Limited will not be liable to me in respect of any special, indirect or consequential loss or damage.
- If a section of this disclaimer is determined by any court or other competent authority to be unlawful and/or unenforceable, that clause shall be deemed to be deleted and the other sections of this disclaimer continue in effect. Our liability to you in connection with any Services purchased through the Site or at the Studio is strictly limited to the purchase price of the Services in question.
- We do not exclude or limit in any way our liability to you:
- for death or personal injury caused by our negligence;
- or any matter in relation to which it would be illegal for us to exclude, or attempt to exclude, our liability.