Terms & Conditions

When referring to “we”, “us” or “our”, we mean Hootan Fitness Personal Training Studio. Where we refer to “you”, “your” or “customer” we mean you, the person using our website and our services.

These Terms & conditions (hereinafter “Terms”) set out the legal Terms that apply to your use of our current website www.hootanfitness.com, any sub-domains and any other websites as may be designated by us and operated by us or on our behalf and any mobile device application or desktop application developed by us or on our behalf, as well as any social media platform and/or our Youtube channel (together, the “Websites” and “Website” being a reference to any one of them).  

You are advised to read these Terms and make sure that they are clear and unambiguous to you, before using our website. We encourage you to print or save a copy of the Terms. Note, that by accessing, using or alternatively exploiting our website, you confirm that you have read, understood and accept the Terms and signify your acceptance to be legally bound by them.

To use our website and any of the services we offer, you must be at least 18 years of age and have the power to enter a binding contract with us and not be barred from doing so under any applicable law/s. If you do not accept the Terms, you are not allowed to access, use, or otherwise exploit this website and/or our services.

These Terms shall include by reference our Privacy Policy which is also made available on our website. Note, that by accessing, using or alternatively exploiting our website, you confirm that you have read, understood and accept our Privacy Policy before accepting these Terms.

By accessing, using or otherwise exploiting our website, you are granted a personal, non-exclusive and non-perpetual right to use our website and our services, subject always to compliance with these Terms.

Without prejudice to the foregoing paragraph, nothing in these Terms shall create a situation of agency or partnership between us.

Changes to Terms and Conditions

You can review the most recent version of these Terms at any time through our website. Numerous headings are used, to make it easy for you to understand the Terms and to help you have easy access to several useful information.

We reserve the right, at our sole discretion, to update, change, revise, modify or replace any part of these Terms, including the Privacy Policy, by posting updates and changes to our website. It is your responsibility to check our website periodically for any changes. Your continued use of and/or access to our website following the posting of any changes to these Terms, including the Privacy Policy, signifies your acceptance of those changes.

Products and Services

We provide the Services and the Products to you through our Website, which is an online platform where you can explore and shop training plans, weight loss programs, gym products, accessories and food supplements, which are manufactured in Europe or Globally and supplied to us from European or Global manufacturers and suppliers. Further details of the Services and the Products we provide are set out below. When you purchase the Products using the Website, you are purchasing directly from us. The shipments of the Products sold will be carried out by us through our trusted delivery partners, with the respective fees based on the delivery option you have chosen. The delivery fees may be updated from time to time but they will always be shown to you during the checkout process and prior to your purchase of any products. Your contract with us is concluded once the products have been delivered to you by the courier or have been collected by you rfom a postal service or courier office. Our contact details are as follows: t: ……………. And email: ……………….

Products

Regarding the products, our aim is to be as accurate as possible in the description of the products that are shown on the Website. Due to the fact that the descriptions are solely based on data provided to us by our Suppliers on behalf of the Manufacturing brand, we cannot guarantee that all details are always precise or error-free. The images of the products on the Website are for illustrative purposes only, and besides our best attempts to display colours accurately, we cannot assure you that the monitor of your device accurately reflects the exact colour of the products.

The products sold by us are supplied for your own domestic and private use only. By buying the products from us, you agree that you will not use them for any commercial, business or re-sale purposes. If you do so, you will be in breach of these Terms.

Suppliers

We request that all Suppliers have and maintain reasonable business policies, which fully comply with our own business policies. However, we cannot be responsible for the Suppliers’ business policies. If you are unhappy with the product or service you have received from us, you should contact us directly to try and resolve the issue.

Orders, Prices and Payments

By completing the cheek-out process and placing an order by clicking the “submit” button on the payment page, you are, that time making a valid offer to purchase the products from us. Your order for the products is subject to these Terms. All orders are subject to availability. After entering into the contract for the products or services with us, we will be under a legal duty to supply you with the Products that are in conformity with the contract. Legal title to the product purchased will pass to you upon payment being accepted. Risk in the product will remain on us until it is delivered to you at the address specified when you placed your order.

To order products you must be over 18 years of and possess valid credit or debit card. Bymaking an order, you guarantee that all information provided by you are true, accurate and complete and that you have the authorization to use the credit or debit card used to place your order and that there are sufficient funds in the account to cover the cost of your order.

Please take the time to read and check your order at each page of the order process as you are responsible for ensuring that the information you provide is accurate (for example, the correct products, quantities, size, colour- etc.). If you have any concerns about your order please email ……………………….com.

When you place an order, you will get a confirmation email verifying receipt of your order.

Pricing and availability: we always do our best to make sure that all details, descriptions and prices which appear on the \Website are accurate, however from time to time some unintended errors might occur. In case that we discover an error in the price of a product that you have ordered, we will inform you of this as soon as we take notice and give you the option of reconfirming your order at the correct price or cancelling it. If you decide to cancel under this circumstance, we shall provide a full refund. If we are unable to contact you under this circumstance, your order will be treated as cancelled.

The product prices advertised on the Website are inclusive of the VAT. Delivery costs are not included in the prices and will be charged in addition. The delivery costs will vary depending on the products that you have ordered. Please see the Delivery & Handling for further details. The delivery costs applicable to your order will be clearly displayed at checkout before you place your order.

Payment: We accept payment through Paypal. Your payment card or Paypal account will be debited as soon as you purchase the products. If we encounter any type of problem while trying to process your payment, we will contact you and advice you on how to proceed in order to resolve the issue. We reserve the right not to accept your order if, for example, the product ordered is out of stock, has been withdrawn or is otherwise not available, or if we are unable to obtain authorisation for your payment or if you do not meet the eligibility criteria (e.g. you are under 18).

Delivery

Delivery of the products shall be made to such location as you shall direct.

You need to allow a period for the delivery of the product, which depends on the delivery method you have chosen at check out. “Shipping means that your product will be sent to you by our courier partners. This means that you shall receive your delivery directly by us via a courier service. You may be required to pick up your delivery locally.

There may be situations where delivery is delayed due to events that are beyond our reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, the act or omission of government, highway authorities or any telecommunications earner, operator or administration or other competent authority, or the delay or failure in manufacture, production, or supply by third parties of equipment or services, and the party shall be entitled to a reasonable extension of its obligations after notifying the other party of the nature and extent of such events. If something like this occurs, we will do all the necessary steps and arrange for your products to be delivered as soon as possible. However, it needs to be clear that we will not, in any be liable to you for any losses caused as a result of such a delay.

Time of delivery varies contingent on the availability of the products and the area of your selected delivery address. Numerous deliveries may occur for your order because there might be situations that you have chosen products that are housed by different suppliers.

Returns Policy

Our aim is to make you fully satisfied with your order. If for any reason, you are not pleased with your order, you may return your UNUSED product/article. You must notify us in writing that you shall return the product within 14 days of the date of delivery either by email to ……………………………  or through the contact on the website. Refunds are allowed, but product exchanges are NOT. Refunds are performed contingent that the client solely bares the return cost. What is more is that, as stated earlier, the product must be returned new, unchanged, with its label on, and in its initial condition and its packaging. Due to the nature of products and for health and hygiene reasons all returned products must not be worn, must be free from smell and must not be soiled, all returned products must be in its closed packaging that has not been damaged.

In addition, if you would like to return a product, you must fully comply but (not limited to) with the provisions stated below:

1. Products must be returned in their intact/undamaged original packaging, with all tags and/or labels included.

2. Please return purchase with great care and in the same condition as received in.

Cancelling your Order

If you choose the option to cancel your order we will refund you the full price for any returned item that meets our Returns Policy and the original delivery fee, unless you expressly chose a kind of delivery costing more than the least expensive common and generally acceptable kind of delivery offered by us. However you will be responsible for the cost and arrangement of returning the products to us.

Except in relation to certain types of products as set out in the Returns Policy, you may cancel a contract at any time before your order is delivered.

Please note that the right of cancellation does not apply where products or services are specifically made to your specification or personalised at your request or where they have been made or worn.

Our liability to You in Relation to the Services

If, while we provide our Services to you, we do not comply with these Terms, we are only accountable for loss or damage that is a foreseeable result of our breach of these Terms and/or our negligence. However, we will not be held liable, in any case, for any liability for loss or damage that is not foreseeable nor caused by our own fault or negligence.

Indemnification

You agree to compensate, defend and indemnify us from and against any claims, damage and loss to the extent such claims, damage or loss are the result of (i) your breach of these Terms and (ii) any infringement by you of third-party rights, including intellectual property rights and/or violation of any applicable law.

Limitation of Liability

Without prejudice to the foregoing, we shall not be liable for any special or consequential damages that result from the access, use of, or the inability to access or use of our website or any of the materials contained therein. Under no circumstances we will have any liability towards you for damages, losses and causes of action, whether in contract, tort or otherwise, for accessing, using or exploitation of this website.

Lastly, we assume no liability for the content of any external links or for the content of third-party websites linked to our website. The operator of the external links/linked pages alone is responsible for the contents. The exclusion of liability shall apply.

The limitations and exclusions apply to the widest extent permissible by applicable law.

How to control cookies

When you use our website, we may store information on your computer. This information will be in the form of a “Cookie”. Cookies allow us to tailor our website so that we provide you with the best user experience possible and perform functions such as recognising you when you return to our website and helping us understand which sections of the website you find most interesting and useful. With most Internet browsers, you can erase cookies from your computer hard drive, block all cookies or receive a warning before a cookie is stored. Please refer to aboutcookies.org for more information. If you delete cookies or set your browser settings to prevent them from being placed on your computer, you may have to manually adjust some preferences every time you visit a site, and some functionalities may not work or may not work properly.

You can find more information about the individual cookies we use and the purposes for which we use them in our Privacy Policy.

Intellectual Property, Software and Content

We are the owners or the licensees of all intellectual property rights of this website and its content (such as for example text, images, graphics, logos, button icons, audio clips, video clips, digital downloads, data compilations and software including the presentation and compilation of the same) (“Content”). Where we are licensees of intellectual property rights, credits are attributed in the captions or description of such content.

The rights in this Website and the Content are protected by international copyright laws, as well as by any relevant national law concerning copyright, authors’ rights, database right laws and proprietary rights laws. All such rights are reserved.


You must not systematically extract, reproduce, republish and/or re-utilise parts of this Website or the Content. Specifically, the usage of any data mining, robots, or similar data gathering and extraction tools to extract and/or for the re-utilisation of any substantial parts of the Website is not allowed. Our prior written consent is needed, if you want to produce and/or publish your own database that features substantial or any parts of this Website.

Except where expressly stated to the contrary, all persons (including their names and images), third-party trademarks, services and/or locations featured on this Website are in no way associated, linked or affiliated with us. Any trademarks/names featured on this Website are owned by the respective trademark owners.

The denotation of these names/trademarks without reference to a registered and/or protected trademark etc, shall not be considered as a breach of copyright or as defamatory to the physical or legal persons who own these rights.

Other Important Information

  1. The contents of this Website and any related social media platforms are for your information and use only and is subject to change without notice.
  2. This Website including our social media platforms and Youtube channel contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, text, layout, look, appearance, and graphics. Reproduction is prohibited.
  3. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this Website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
  4. Your use of any information or materials on this Website or on our social media platforms, are entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any services or information available through this website or social media meet your specific requirements.
  5. Unauthorised use of this Website or social media platforms may give rise to a claim for damages and/or be a criminal offence.
  6. You may not create a link to this Website from another website or document without our prior written consent.
  7. You are not allowed to misuse the website by knowingly introducing viruses, trojans, worms, logic bombs or other malicious or technologically harmful material. You are not allowed unauthorised access to the website, the server, computer or database connected to the website and our services. In such an event, your right to use our website and services shall immediately cease.
  8. You must promptly notify us in writing in case you become aware of (i) any breach or alleged breach of these Terms and/or (ii) of any claim or alleged claim concerning infringement of third-party rights including intellectual property rights and/or (iii) any breach of applicable law in connection with the use of our Website or Services.

Events beyond our control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations to you if such failure or delay is caused by a force majeure event outside of our control.

An event outside of our control refers to any act or event beyond our reasonable control, such as act(s) of God, pandemics, wars, terrorist attacks, embargos, riots, strikes, lock-outs, trade disputes, fires, floods, earthquakes or other natural disasters, break-down, inclement weather, interruption of transport, Government action or failure of public or private telecommunications or transport networks.

If such an event takes place and it affects the performance of our obligations to you: (i) we will notify you at the first available opportunity; and (ii) our obligations to you will be suspended for the duration of the event.

Complaints

We operate a complaint handling procedure, which we will use to try to resolve all the issues as soon as they appear. Do not hesitate to let us know if you have any complaints or comments. Please visit our Contact Us page to get in touch with us and speak directly with us about your complaint.

Waiver

If you breach these Terms and we take no action, or if there is a reasonable delay in taking action, it does not conclude that we waived our rights, and we will still be entitled to use our rights and claim any remedy that may be available under the circumstances. If we are to waive a breach, this will only be performed in writing and that will not mean that we will automatically waive any possible later breach by your side.

Entire agreement

These Terms constitute the entire agreement between us. Their effect supersedes any kind of agreements entered between us. Their effect also supersedes agreements made before you accepted these Terms.

What happens if a dispute arises?

No party to this agreement shall commence any Court or alternative dispute resolution proceedings relating to a dispute or difference arising out of or related to this agreement, unless that party has first complied with this clause.


The parties agree to mediate any dispute or difference arising out of or in connection with these Terms, including any question regarding its existence, validity or termination. Should the parties not be able to agree the selection of a mediator and or Terms and or fees within ten (10) working days from the date one party delivers written notice to the other party that they wish the dispute or difference be resolved by mediation, then either party may request the appointment of an IMI Certified Mediator and Mediation Advocate, who will determine all relevant matters. Should a party fail to attend the mediation joint meeting, then that party shall be responsible for all the costs of the mediation.

Notices

Any notice to be given by either party to the other, may be served by email, fax, personal service or by post to the address of the other party, as such party may from time to time have communicated to the other in writing; and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent; if sent by fax shall be deemed to be served on receipt of an error free transmission report; if given by letter shall be deemed to have been served at the time at which the letter was delivered personally; or if sent by post shall be deemed to have been delivered in the ordinary course of post.

Governing Law and Jurisdiction

The laws of the Republic of Cyprus govern all matters arising out of or relating to these Terms, including without limitation, their validity, interpretation construction, performance, and enforcement. The Courts of the Republic of Cyprus will have the exclusive jurisdiction over any dispute or claim arising out of these Terms.

Disclaimer

We make all effort to ensure the accuracy of the information provided on this website. Any liability which might arise from your use or reliance on the information or links contained on the website is excluded.

The content of this website is provided for the sole purpose of providing you with general information only, to inform you about us and the services we offer. We make no warranties, representations, or undertakings about any of the content of this website (including, without limitation, any as to the quality, accuracy, completeness or fitness for any particular purpose of such content).

We endeavour to prevent any computer viruses, bugs and other harmful components on this website; however, we shall accept no liability for them if they occur. You are responsible for configuring the information technology and computer programmes to access the website.

No representation or warranty is provided in respect to the uninterrupted or error free operation of our website and we accept no liability in respect thereof. Access to the website is permitted on a temporary basis.

We will not accept any responsibility or liability for any material supplied by or contained on or downloaded from any third-party website which is linked from or to this website or any use of personal data by such third party.

Last updated: September 2023.