These terms and conditions (the “Terms and Conditions”) govern the use of www.flexitime.ie (the “Site”). This Site is owned and operated by Anthony O’Connell. This Site is an e-commerce website.
By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.
Intellectual Property
All content published and made available on our Site is the property of Flexitime and the Site’s creators. This includes but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.
Age Restrictions
The minimum age to use our Site is 18 years old. By using this Site, users agree that they are over 18 years old. We do not assume any legal responsibility for false statements about age. An adult must accompany anyone under 18.
Acceptable Use
As a user of our Site, you agree to use our Site legally, not to use our Site for illegal purposes, and not to:
- Harass or mistreat other users of our Site;
- Violate the rights of other users of our Site;
- Violate the intellectual property rights of the Site owners or any third party to the Site;
- Hack into the account of another user of the Site;
- Act in any way that could be considered fraudulent; or
- Post any material that may be deemed inappropriate or offensive.
If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take any legal steps to prevent you from accessing our Site.
User Contributions
Users may post the following information on our Site:
- Items for sale;
- Photos;
- Videos; and
- Public comments.
By posting publicly on our Site, you agree not to act illegally or violate these Terms and Conditions.
Website terms of use for service providers
Thank you for your interest in becoming a vendor on Flexitime.ie. We value the safety and satisfaction of our customers, which is why we require all vendors to meet certain criteria. Please read the following statement carefully and please tick the box if you can provide all of these details if called upon.
Insurance:
I hereby confirm that I have valid and up-to-date insurance coverage for my services.
Qualifications:
I can provide proof of my qualifications and certifications related to the services I offer on Flexitime.ie.
Proof of ID:
I can provide a valid government-issued identification document (e.g., passport, driver’s license) as proof of my identity.
External links:
I hereby confirm that I will not add external website links from my products/services directing customers to purchase on other websites. Only affiliates of Flexitime may add external links.
Email links:
I hereby confirm that I will not attach my email to my profile or products and let the contact form take care of all submissions to me.
Vendors on ‘Free Forever’ Plan:
I hereby confirm that I will bring in custom of €200 per month. This will help maintain my free digital store and keep the quality of the site at the highest possible standards for customers.
By ticking the box, you acknowledge that the information provided above is accurate and truthful. You also understand that any misrepresentation of your insurance, qualifications, or identity may result in the termination of your vendor agreement with Flexitime.ie. If asked upon for documentation, you have 7 days to provide it. If you have not been forthcoming with the documentation within this time period, your account will be suspended or terminated.
Please note that all vendors are responsible for their services, and Flexitime.ie holds no liability for any incidents, damages, or disputes related to the services provided by vendors.
Thank you for your cooperation.
You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account; and
All personal information you provide to us through your account is up-to-date, accurate, and truthful, and you will update your personal information if it changes.
We reserve the right to suspend or terminate your account if you use our Site illegally or violate these Terms and Conditions.
Sale of Goods And Services
These Terms and Conditions govern the sale of goods and services available on our Site.
The following goods are available on our Site:
- Fitness classes;
- Health Professional Online Consultations; and
- Workout clothes & Accessories.
We are legally obliged to supply goods that match the description of the good(s) you order on our Site.
The following services are available on our Site:
- Live online Zoom classes;
- Exercise classes;
- Physical Products;
- Online consultations;
- Education; and
- Support.
The services will be paid for in full when the services are ordered.
These Terms and Conditions apply to all the goods and services displayed on our Site when you access it. This includes all products listed as being out of stock. All information, descriptions, or images we provide about our goods and services are as accurate as possible. However, we are not legally bound by such information, descriptions, or images, as we cannot guarantee the accuracy of all goods and services we provide. You agree to purchase goods and services from our Site at your own risk.
We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that you are responsible for monitoring your payment instrument to verify receipt of any refund.
Third-Party Goods and Services
Our Site may offer goods and services from third parties. We cannot guarantee the quality or accuracy of goods and services made available by third parties on our Site.
User Goods and Services
Our Site allows users to sell goods and services. We do not assume any responsibility for the goods and services users sell on our Site. We cannot guarantee the quality or accuracy of any goods and services sold by users on our Site. However, if we are made aware that a user is violating these Terms and Conditions, we reserve the right to suspend or prohibit the user from selling goods and services on our Site.
Subscriptions
Your subscription automatically renews, and you will be automatically billed until we receive a notification that you want to cancel the subscription.
To cancel your subscription, please navigate to your ‘Customer Account’ or email info@flexitime.ie to cancel.
Trainers and customers may be cancelled if using the platform for purposes not intended. Trainers can be cancelled if using platform services and taking payment outside the platform. Customers can be cancelled for un-condoned behaviour towards trainers and flexitime.ie staff.
Payments
We accept the following payment methods on our Site:
- Credit Card;
- PayPal;
- Debit; and
- Direct Debit.
When you provide us with your payment information, you authorize our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorize us to charge the amount due to this payment instrument.
If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.
Shipping and Delivery
When you purchase goods from our Site, the goods will be delivered through one of the following methods:
Standard delivery by post. Delivery takes 5 – 7 business days.
Delivery will occur as soon as reasonably possible, depending on the selected delivery method. Delivery times may vary due to unforeseen circumstances. Please note that delivery times do not include weekends and bank holidays.
You will be required to pay delivery charges in addition to the price of the goods you purchase.
If you purchase goods from us for delivery to a destination outside Ireland, your purchase may be subject to import duties and taxes applied by the destination country. You are responsible for paying any such duties or taxes. Please contact your local customs office for more information before making a purchase. We are not responsible for paying any such duties or taxes and are not liable for your failure to pay them.
You must provide us with a complete and accurate delivery address, including the recipient’s name. We are not liable for the delivery of your goods to the wrong address or person due to you providing us with inaccurate or incomplete information.
Right to Cancel and Receive Reimbursement
If you are a customer living in the United Kingdom or the European Union, you can cancel your contract to purchase goods and services from us within 14 days without giving notice. The cancellation period:
- Will end 14 days from the date of purchase when you purchased digital content that was not supplied on a tangible medium;
- Will end 14 days from the date of purchase when you purchased a service;
- Will end 14 days from when you receive, or someone you nominate receives, the goods when you purchased good(s) in one order that are all delivered together;
- Will end 14 days from when you receive, or someone you nominate receives, the last good when you purchased goods in one order that are delivered separately; or
- Will end 14 days from when you receive, or someone you nominate receives, the first good when you purchased goods that will be regularly delivered during a defined period of time.
To exercise your right to cancel, you must inform us of your decision to cancel within the cancellation period. To cancel, contact us by email at info@flexitime.ie.
The right to cancel does not apply to:
- Goods or services, other than the supply of water, gas, electricity, or district heating, where the price depends upon fluctuations in the financial market that we cannot control and that may occur during the cancellation period;
- Custom or personalized goods;
- Goods that will deteriorate or expire rapidly;
- Goods that were unsealed after delivery and are not suitable for return for health and hygiene reasons;
- Goods that are, according to their nature, inseparably mixed with other items after delivery;
- Alcoholic beverages where the price has been agreed upon at the time of purchase, delivery of them can only take place after 30 days, and their value is dependent on fluctuations in the market that we cannot control;
- Services that the customer has requested for the purpose of carrying out urgent repairs or maintenance;
- Sealed audio or sealed video recordings or sealed computer software that was unsealed after delivery;
- Newspapers, magazines, or periodicals, except for subscriptions to such publications;
- Passenger transport services; and
- Accommodation, transport of goods, vehicle rental services, catering, or services related to leisure activities, if the contract includes a specific date or period of performance.
Effects of Cancellation
If you cancel your contract with us and goods have already been sent to you, you must return the goods to us as soon as possible after informing us of your decision to cancel. You will be responsible for the cost of returning the goods. We will not be liable for any damage or loss to the goods that occurs before they are returned to us, including while the goods are in transit.
If you cancel your contract with us, we will reimburse you all payments we received from you under the agreement, including the costs of delivery, except for any supplementary delivery charges resulting from your choice of a delivery type other than the least expensive type of standard delivery that we offer. Please note that we are permitted by law to reduce your reimbursement to reflect any reduction in the value of the goods that were caused by handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
We will provide the reimbursement without undue delay and no later than the earlier of 14 days after we receive back from you any goods supplied or 14 days after you provide proof that you have returned the goods. If no goods were delivered, we will provide the reimbursement no later than 14 days after we were informed of your decision to cancel.
If you requested the performance of services begin during the cancellation period, you are required to pay us an amount which is in proportion to what has been performed until you have communicated to us your decision to cancel this contract. We will reimburse you any amount you have paid above this proportionate payment.
If you provide express consent to the supply of digital content during the cancellation period and acknowledge that the supply of digital content loses your right to cancel the contract during the cancellation period, you will no longer have a right to cancel the contract.
We will reimburse using the same payment method as you used for the initial purchase unless you have expressly agreed otherwise. You will not incur any fees because of the reimbursement.
This right to cancel and reimbursement is not affected by any return or refund policy we may have.
Refunds
Refunds for Goods
Refund requests must be made within 14 days after receipt of your goods.
We accept refund requests for goods sold on our Site for any of the following reasons:
- Good is broken;
- Good does not match the description;
- Good is the wrong size; or
- Good does not meet the purchaser’s expectations.
Returns
Returns can be made by mail. To return a good by mail, follow the following procedure:
Pack your goods and attach the return label that was included in your package. Go to your nearest post office and pay for the necessary postage.
Consumer Protection Law
Where the Sale of Goods and Supply of Services Act 1980 or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.
Links to Other Websites
Our Site contains links to third-party websites or services that we do not own or control. We are not responsible for the content, policies, or practices of any third-party website or service linked to our Site. It is your responsibility to read the terms and conditions and privacy policies of these third-party websites before using these sites.
Limitation of Liability
Anthony O Connell and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses, including legal fees from your use of the Site.
Indemnity
Except where prohibited by law, by using this Site you indemnify and hold harmless Anthony O Connell and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses, including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.
Applicable Law
The laws of Ireland govern these Terms and Conditions.
Severability
If at any time any of the provisions outlined in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void. They will be removed from these Terms and Conditions. All other provisions will not be affected by the removal, and the rest of these Terms and Conditions will still be considered valid.
Changes
These Terms and Conditions may be amended from time to time to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.
Contact Details
Please contact us if you have any questions or concerns. Our contact details are as follows:
You can also contact us through the feedback form available on our Site.
Effective Date: 16th of January, 2023
Cancellation
If you want to cancel your subscription, you can do so anytime through your customer account.