make changes to the product as requested by you or notified by us to you<\/li>\n<\/ul>\nYour 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.<\/p>\n
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. As well as suspending the products we can also charge you interest on your overdue payments.<\/p>\n
7. NO WARRANTIES<\/h3>\n
The information, products and services offered on or through this website and by Planet Mutu Limited and any third-party websites are provided \u201cas is\u201d and without warranties of any kind either express or implied.<\/p>\n
To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.<\/p>\n
We do not warrant that the website or any of its functions will be secure, uninterrupted or error-free, that defects will be corrected, or that any part of this website, including bulletin boards, or the servers that make it available, are free of viruses or other harmful components.<\/p>\n
We do not warrant or make any representations regarding the use or the results of the use of the website or materials on this website or on third-party websites in terms of their correctness, accuracy, timeliness, reliability or otherwise. We do not warrant that the results of using the website or our products will meet your requirements.<\/p>\n
Limitation of liability<\/h4>\n
Under no circumstances shall we, our subsidiary and parent companies or affiliates, or our directors, employees or agents be liable for any (a) direct, indirect, incidental, special or consequential damages that result from (i) The use of, or the inability to use, the website or products (including our messaging, blogs, comments of others, books, emails, products, or services, or third-party materials, products, or services made available through the website or by us in any way); (ii) Any conduct or content of any third party on the website; and (iii) Any content obtained from the website or products, whether based on warranty, contract, tort (including negligence) or any other legal theory, irrespective of whether we have been informed beforehand of the possibility of such damages; or (b) damages hereunder in excess of the aggregate amounts you have paid to us for the applicable product.<\/p>\n
Because some US states do not allow the exclusion or limitation of certain categories of damages, the above limitation may not apply to you. In such states, our liability and the liability of our subsidiary and parent companies or affiliates is limited to the fullest extent permitted by such state law. You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any user.<\/p>\n
If you are dissatisfied with the website, any materials, products, or services on the website, or with any of the website\u2019s terms and conditions, your sole and exclusive remedy is to discontinue using the website and the products, services and\/or materials.<\/p>\n
This site is continually under development and Planet Mutu Limited makes no warranty of any kind, implied or expressed, as to its accuracy, completeness or appropriateness for any purpose.<\/p>\n
To the extent that any term in this clause conflicts with any other term as applied to customers in the United States of America, the terms of this clause shall govern.<\/p>\n
8. MEDICAL DISCLAIMER<\/h3>\n
All material, information and\/or advice made available to you (whether on our Site, as part of the Products or otherwise) is provided for your information only and may not be construed as medical advice or instruction.<\/p>\n
None of the Materials are a recommendation as to how to treat any particular disease, health problem or health related condition. Nor have any Materials been evaluated by the Food and Drug Administration (FDA), Food Standards Agency (FSA) or the National Institute for Health and Clinical Excellence (NICE). The Materials do not supersede any advice given by any qualified medical practitioner, registered dietician or nutritionist.<\/p>\n
The Materials are based on our own research and experiences. You should not use the Materials for diagnosis or treatment of any disease, health problem, health related condition or for prescription of any medication or other treatment.<\/p>\n
You should consult with a medical healthcare professional BEFORE embarking on ANY exercise program (including, for the avoidance of doubt, before using any Product), particularly if you suspect you may have a health condition whether or not directly or indirectly related to pregnancy or post-pregnancy including but not limited to Hernia; Prolapse; severe or irreparable Diastasis Recti; Sacro-iliac pain; Sciatica, Symphysis Pubis Joint Diastasis; Pelvic Girdle Pain (also known as Symphysis Pubis Dysfunction) or Postnatal \/ Postpartum Depression.<\/p>\n
Surgical or prescription options, implications, outcomes and insurance policy coverage vary widely across the world and can only be properly advised by your own medical healthcare professional.<\/p>\n
We (nor any of our officers, employees, consultants, agents and\/or representatives) do not provide medical advice, diagnosis, treatment or medical services of any kind.<\/p>\n
We make no promises, assurances, warranties and\/or representations that the Products (or any part of them) will treat, control or cure any particular disease, health problem or health related condition.<\/p>\n
The Materials and\/or Products are not a substitute for the consultation, diagnosis and\/or medical treatment provided by your doctor, healthcare provider, nutritionist or dietician.<\/p>\n
You must not rely on the Materials and\/or Products as an alternative to medical advice and we expressly disclaim all responsibility for, and shall have no liability for, any damage, loss, expense, injury or liability whatsoever suffered by you or any third party as a result of your reliance on any Materials and\/or Products we provide to you.<\/p>\n
If you have any specific questions or concerns about any medical matter, you should consult your doctor, healthcare provider, physical therapist, nutritionist or dietician as soon as possible.<\/p>\n
If you think you may be suffering from any particular disease, health problem or health related condition (whether before, during or after the use of the Products) you should seek immediate medical attention from your doctor, healthcare provider, nutritionist or dietician. You acknowledge that you will not delay seeking or disregard medical advice or discontinue any medical treatment because of the Materials we provide to you or because you have purchased the Products.<\/p>\n
Nothing in this medical disclaimer shall exclude or limit our liability for death or injury.<\/p>\n
9. YOUR RIGHTS TO END THE CONTRACT<\/h3>\n
You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with the item and when you decide to end the contract:<\/p>\n
Faulty or mis-described<\/h4>\n
If what you have bought is faulty or mis-described you may have a legal right to end the contract.<\/p>\n
Your right to change your mind (\u2018Cooling Off period\u2019)<\/h4>\n
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.<\/p>\n
This right applies only to digital products which have not been accessed, streamed or downloaded; or delivered products that have not been opened.<\/p>\n
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, provided you have not viewed, accessed or downloaded the digital content.<\/p>\n
If you have bought digital content for streaming (for example, our MUTU program) 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.<\/p>\n
In all other cases (if we are not at fault and there is no right to change your mind), see clause 2 \u2018Cancellation\u2019.<\/p>\n
You do not have a right to change your mind in respect of:<\/p>\n
Digital products after you have started to stream these. If you access or download digital content within 14 days of buying it (what is known as the ‘cooling-off\u2019 period), you will have given consent to waive the 14 day cooling-off period.<\/p>\n
Important: Once you have downloaded or accessed our online content, you have given up your consumer rights to a \u2018cooling off\u2019 refund.<\/p>\n
Refunds and access to products<\/h4>\n
Digital products (the program). We do not offer refunds or credits for any full or partial subscriptions periods.<\/p>\n
Access to digital products following cancellation. If you cancel you must immediately delete all digital content that has been provided or that you have in your possession.<\/p>\n
You will not share access details or any material or digital content (including any MUTU System material protected by copyright) with anyone at any time.<\/p>\n
Delivered products such as merchandise or Kit Box. We pay the costs of return if the item is faulty. However, if you change your mind, we would not refund the cost of postage, only the cost of the product(s) provided it has not been opened and is returned as sold.<\/p>\n
Services, such as coaching, speaking or teaching. 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.<\/p>\n
Products such as the MUTU Kit Box, sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; any products which become mixed inseparably with other items after their delivery.<\/p>\n
MUTU Kit Box. You have 14 days after the day you (or someone you nominate) receives the goods.<\/p>\n
Ending the contract where we are not at fault and there is no right to change your mind<\/p>\n
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 will not receive a full or partial refund or credit.<\/p>\n
A contract for goods or digital content is completed when the product is delivered or streamed and paid for.<\/p>\n
A contract for services is completed when we have finished providing the services and you have paid for them.<\/p>\n
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.<\/p>\n
We are not able to issue refunds for Kit Box that have not been delivered as a result of you providing incorrect shipping information.<\/p>\n
How to end the contract<\/h4>\n
Tell us you want to end the contract.\u00a0 To end the contract with us, please let us know by doing the following:<\/p>\n
Email us at hello@mutusystem.com, from the email address used to purchase your MUTU program. Please provide your name, home address, details of the order and, where available, your phone number.<\/p>\n
By post. Simply write to us at our contact address, including the information required above.<\/p>\n
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@mutusystem.com. 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.<\/p>\n
We will pay the costs of return:<\/p>\n
if the products are faulty or mis-described;
\nif 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<\/p>\n
How we will refund you<\/p>\n
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.<\/p>\n
Deductions from refunds. If you are exercising your right to change your mind:<\/p>\n
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. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.<\/p>\n
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.<\/p>\n
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.<\/p>\n
We will make any refunds due to you as soon as possible.<\/p>\n
10. OUR RIGHTS TO END THE CONTRACT<\/h3>\n
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:<\/p>\n
\n- 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;<\/li>\n
- 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;<\/li>\n
- you do not, within a reasonable time, allow us to deliver the products to you or collect them from us;<\/li>\n
- you do not, within a reasonable time, allow us access to your premises to supply the services; or<\/li>\n
- you infringe any of our intellectual property rights detailed in our Copyright Notice.<\/li>\n<\/ul>\n
You must compensate us if you break the contract. If we end the contract we 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.<\/p>\n
If there is a problem with the product<\/h4>\n
If you have any questions or complaints about the product, please contact us. You can write to us at hello@mutusystem.com<\/p>\n
Where the exercise equipment (excluding the complimentary straw) in your MUTU Kit Box 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.<\/p>\n
We may ask you to provide additional information, (including photographs), to enable us to investigate further and also to return the defective item for examination by our quality control team ahead of issuing a replacement.<\/p>\n
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 (eg you have used the Pilates ball for an activity outside the scope of that shown in the program).<\/p>\n
Summary of your legal rights<\/h4>\n
We are under a legal duty to supply products that are in conformity with this contract. See 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.<\/p>\n
These are subject to certain exceptions. For detailed information please visit the Citizens Advice website https:\/\/www.citizensadvice.org.uk\/<\/p>\n
If your product is goods, for example exercise 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:<\/p>\n
up to 30 days: if your item is faulty, then you can get a refund.
\nup to six months: if your faulty item can\u2019t be repaired or replaced, then you\u2019re entitled to a full refund, in most cases<\/p>\n
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.<\/p>\n
If your product is digital content, our MUTU System Online program which is streamed by you, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:<\/p>\n