Online Goods and Services Terms and Conditions

These terms and conditions (“T&Cs”) apply where you: i) book classes at our studio (at 235 Westbourne Grove) (“The Method Studio, Westbourne Grove” or “The Method Studio”); ii) book classes, events, contrast therapy appointments, or recovery room appointments at our club (at 133-137 Westbourne Grove) (“The Method”); or iii) purchase goods from our website located at https://themethod.com/ (“Website”).

If you would like to sign up to a membership at The Method, please visit our club membership webpage here, https://www.themethod.com/buy, for further details and please also see our membership terms and conditions that apply to our club memberships https://www.themethod.com/pages/membership-terms. If you wish to sign up to our club membership, please note that these additional terms and conditions will apply to your agreement with us, in addition to these T&Cs.

1.     Our terms

In these T&Cs:

·       “we”, “us” or “our” means  MTHD Project Limited, a company registered in England and Wales under company registration number 12710392, and with VAT registration number GB374615286. Our registered office is at 26 St. James's Square, London, England, SW1Y 4JH; and

·       “you” or “your” means the person using our Website to book classes or purchase goods from us.

1.1.   If on our Website you purchase:

1.1.1.services such as The Method Studio or The Method classes through the purchase of credits (whether in a pack or through our monthly subscription plans), event tickets at The Method, or recovery room appointments at The Method (“Services”); or

1.1.2.goods such as our merchandise, gym equipment, or other third party goods sold by us (“Goods”),

these T&Cs will apply to your order. Goods and Services are together referred to as “Products”.

1.2.   These T&Cs are only available in English. No other languages will apply to this contract.

1.3.   When buying any Products on our Website you also agree to be legally bound by our Terms of Use available at https://themethod.com/pages/terms-and-conditions.

1.4.   We may update our Website and change these T&Cs from time to time. The T&Cs applicable to your order will be those accepted by you when you place your order.

 

2.     How to contact us

2.1.   If you have any questions about these T&Cs or any orders you have placed, please contact us by sending an email to hello@themethod.com.  

2.2.   If we have to contact you about your order, we will do so through our website or by telephone or email using the details provided to us in your order.

 

3.     Information we give you

3.1.   By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made when you place an order via our Website. You can find everything you need to know about us and our Products on our Website, or you can contact us using the contact details at the top of this page. We will also confirm the key information to you in writing after your order in the Confirmation Email (see clause 5.5).  

3.2.   The key information we give you by law forms part of these T&Cs as though it is set out in full here.

3.3.   If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it. We will make changes without your consent to comply with changes in legal or regulatory requirements, or to make minor technical adjustments to our Products which do not affect your use of the Products.

 

4.     Your privacy and personal information

4.1.   Our Privacy Policy is available at https://themethod.com/privacy-policy.

4.2.   Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.

 

5.     Ordering from our website

5.1.   Below, we set out how a legally binding contract between you and us is made for our Products. If you wish to book The Method Studio or The Method classes on our Website, please also read clause 8 carefully.

5.2.   You place an order on the Website for our Products by completing the online checkout process. Please read and check your order carefully before submitting it. You will be able to correct any errors before submitting your order to us.

5.3.   When you place your order at the end of the online checkout process, we will acknowledge it by email. This acknowledgement does not, however, mean that your order has been accepted by us.

5.4.   We may contact you to say that we do not accept your order. This is typically because the Products are unavailable, we cannot authorise your payment, you are not allowed to buy the Products from us, we are not allowed to sell the Products to you, you have ordered too many Products or there has been a mistake on the pricing or description of the Products.

5.5.   We will only accept your order when we email you to confirm this (“Confirmation Email”). At this point a legally binding contract will be in place between you and us and we will either:

5.5.1.1.           arrange for the performance of the Services to you, such as making class credits available in your account so that you may book our classes; or

5.5.1.2.           dispatch the Goods to you,

depending on what you have purchased from us.

5.6.   If you are under the age of 18 you may not buy any Products, including credits, from the Website. However, from time to time, we may offer special classes where parents or guardians are permitted to bring their children, provided that such arrangement are made in advance and agreed with us.

 

6.     Your right to cancel and Cooling Off Period

6.1.1. You have the right to cancel this contract within 14 days without giving any reason (“Cooling Off Period”), unless this contract is for Services and:

6.1.1.1.           the Services have been completed (in which case you must pay for any Services provided up to the time you cancel);

6.1.1.2.           despite being within the Cooling Off Period, you cancel your booking of a specific The Method Studio class, The Method class, event, or contrast therapy treatment with less than the required notice period before the scheduled start time. The required notice period is:

6.1.1.2.1.               6 hours’ notice for The Method members; and

6.1.1.2.2.               12 hours' notice for non-members,

and if you cancel with less than the applicable notice period, you will not be refunded nor will your account be recredited;

6.1.1.3.           despite being within the Cooling Off Period, you cancel your booking of a recovery room appointment with less than 24 hours’ notice before the scheduled start time. In this instance you will not be refunded nor will your account be recredited.

6.1.2.However, even if you are outside the Cooling Off Period and you cancel your booking of the above services with the required notice period set out above, your account will be recredited/refunded as appropriate.

6.1.3. The Cooling Off Period will expire:

6.1.3.1.           in the case of Goods, 14 days after the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the Goods. If we deliver the Goods to you in instalments, the Cooling Off Period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the final good in your applicable order.

6.1.3.2.           in the case of Services, 14 days after the day we have accepted your order, or in the case of entering into a Subscription (in accordance with clause 9) 14 days after signing up to the Subscription.

6.1.4. To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or email) using the contact details at the top of this page. Alternatively, you may complete and return to us the model cancellation form which can be found here. If you would like us to provide you with a copy of this form, please let us know.

6.1.5. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the Cooling Off Period has expired.

7.     Effects of the Cooling Off period

7.1.   If you cancel this contract within the 14 day Cooling Off Period under clause 6, we will reimburse to you all payments received from you. In the case of Goods this will include any costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).

7.2.   We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.

7.3.   We will make the reimbursement without undue delay, and not later than:

7.3.1. 14 days after the day we received back from you any Goods supplied; or

7.3.2. (if earlier) 14 days after the day you provide evidence that you have returned the Goods; or

7.3.3.in the case of Services, 14 days after the day on which we are informed about your decision to cancel this contract.

7.4.   We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

7.5.   We may withhold reimbursement until we have received the Goods back or you have supplied evidence of having sent back the Goods, whichever is the earliest.

7.6.   If you cancel this contract and have received Goods:

7.6.1.you shall send back the Goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back or hand over the Goods before the period of 14 days has expired;

7.6.2.we will provide free returns from within the UK; and

7.6.3.you are only liable for any diminished value of the Goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Goods.

8.     The Method Studio and The Method classes

8.1.   Registration. You must complete the registration form on our Website if you would like to book a The Method Studio or The Method class. Please note that we reserve the right to reject your registration at our absolute discretion.

8.2.   Bookings. Once registered, you may purchase credits, including packs of credits (in the quantities and prices as set out on our Website), which will allow you to book specific The Method Studio or The Method classes.

8.3.   Credits. Information about the packs of credits that we offer, including pricing and expiry dates, shall be set out on our Website at the following web page https://www.themethod.com/buy. When purchasing credits from our Website (either individually or in packs), please note that credits may be designated as either redeemable across all classes or restricted to specific classes, as specified on our Website at the time of purchase. Each credit will have an expiry date which will be set out on our Website, and credits are non-transferrable to anyone else and may not be used for any classes other than those designated on our Website at the time of booking. If you wish to purchase credits through one of our monthly plans (“Subscriptions”), please see the additional terms governing Subscriptions below at clause 9 (“Subscription Terms”) which would also apply to you.

8.4.   Guests. If you wish to bring a guest to The Method Studio or The Method for a session, you must ensure that they also complete the registration form on our Website, purchase a credit, and book a The Method Studio or The Method class in accordance with these T&Cs.

8.5.   Opening times. Our opening times will be specified our Website. Please review these before your arrival.

8.6.   Cancellation. Please see clause 6.1.1.2 above for your cancellation rights regarding the purchase of credits. If we have to cancel your class, which we may need to do for several reasons, we will give you as much notice as is reasonably possible, and we will work with you at your election to either book you on to another class at another date and time or provide you with a refund for your credit. 

8.7.   Waitlist. Please note that classes are booked on a first-come, first-serve basis. If a particular class is fully-booked, you may join the waitlist for that class via the Website. If a space becomes available, you will be booked onto the class and notified of your booking. Once you are booked onto the class, these T&Cs will apply to your booking, including any restrictions on cancellations. This means that if you are booked onto a class with less than 24-hours until that class you will not be able to cancel or receive a refund.    

8.8.   Rules. Where you attend classes or otherwise visit The Method Studio or The Method, you agree to abide at all times with our respective The Method Studio and The Method Rules, and by entering The Method Studio or The Method you agree that you have read and understood the rules. If you have any questions, please contact the email address set out above. The Method Studio rules can be found here, https://www.themethod.com/pages/studio-policies and The Method Rules can be found here: https://www.themethod.com/pages/club-rules

9.     Subscription Terms (for classes)

9.1.   If you wish to purchase a Subscription from us, the Subscription Terms in this clause 9 shall apply to you.

9.2.   All provisions of these T&Cs that apply to credits shall also apply to your Subscription, however if there is any conflict between the Subscription Terms in this clause 9 and the other terms of these T&Cs, these Subscription Terms shall take precedence. 

9.3.   Details of all available Subscriptions, including the price, number of credits and expiry date of the credits made available to you through that Subscription (“Subscription Credits”), shall be set out on our website at the following web page: https://www.themethod.com/buy

9.4.   The Subscription Credits may be used to book any of our available classes (excluding reformer pilates classes).

9.5.   Subscription Credits are non-transferrable and may not be used by anyone else other than the named purchaser.

9.6.   Subscription Credits may only be used to book classes prior to the Subscription Credits' expiry date. After the expiry date, we will not be able to accept that Subscription Credit to book a class.

9.7.   You must make payment for Subscriptions monthly and in advance, and payment may only be made by direct debit.

9.8.   If you fail to make a payment for your Subscription we may (at our discretion), provided that we have given you a written reminder and you have failed to rectify the non-payment within 7 days of the reminder:

9.8.1.suspend your subscription until all outstanding fees have been paid; or

9.8.2.cancel your subscription and end our contract with you with immediate effect.

9.9.   You can cancel your Subscription at any time by providing us with a clear statement setting out your decision to cancel the Subscription, for example by sending us an email at the email address in clause 2 of these T&Cs. Unless you cancel within the Cooling Off Period, upon cancellation your subscription will remain active until the end of that month, after which it will not automatically renew and no further payments will be taken. For example, if your Subscription is set to auto-renew on the 5th April and you notify us of your cancellation on 30th March, your Subscription will remain active until 5th April and it will not renew for a further month (and no further payment will be taken on 5th April). 

9.10.                You may pause (or ‘freeze’) your Subscription for one billing period (i.e., one month), in any 12-month period, for any reason, provided that you have held your Subscription for at least two months. To do this, please provide us with a clear statement setting out your decision that you wish to pause your Subscription at least 48 hours prior to your Subscription renewal date. Your Subscription will be paused from the end of the month you have paid for, and it will remain active until that time. For example, if you have held a Subscription with us for at least two months, and your Subscription is set to auto-renew on the 5th April and you notify us that you would like to pause your subscription on 30th March, your Subscription will remain active until 5th April and you will not be billed until 5th May when your Subscription will commence again.

10.  Events

10.1.                Events held at The Method or The Method Studio are bookable on our Website on a first come first served basis, with some Events reserved exclusively for The Method members only. For a list of upcoming events, please visit our Events webpage here: https://www.themethod.com/timetable

10.2.                If we have to cancel an event, which we may have to do for several reasons, we will give you as much notice as is reasonably possible, and we will aim to provide you with a full refund within 14-days of the date of cancellation.

11.  Recovery room appointments (for The Method only)

11.1.                You may book appointments at our recovery room on our Website at the following webpage https://www.themethod.com/the-lab or with our front-of-house team on your arrival at The Method.

11.2.                If we have to cancel your recovery room appointment, which we may have to do for several reasons, we will give you as much notice as is reasonably possible, and we will either, at your choice: i) work with you to reschedule your appointment at an alternative date and time, or with another practitioner; or ii) provide you with a full refund within 14-days of the date of cancellation.

11.3.                We reserve the right to assign you to a practitioner of any gender, unless you specify a preference at the time of booking.

12.  Delivery (Goods)

12.1.                We use a number of authorised couriers to deliver our Goods. Information on delivery options and costs will be made available to you on the Website. During the online checkout process, you will be given available delivery options to choose from.

12.2.                The estimated date for delivery of the Goods is set out in the Confirmation Email (see clause 5.5).

12.3.                If something happens which is outside of our control and affects the estimated date of delivery, we will provide you with a revised estimated date for delivery.

12.4.                Delivery will take place at the address specified by you when you placed your order with us.

12.5.                Unless you and we agree otherwise, if we cannot deliver your Goods within 30 days of the date of your Confirmation Email, we will let you know, cancel your order and give you a refund.

12.6.                If nobody is available to take delivery, please contact us using the contact details at the top of this page.

12.7.                You are responsible for the Goods once they have been delivered to the address specified by you when you placed your order with us. In other words, the risk in the Goods passes to you when you take, or a third party notified by you takes, possession of the Goods.

12.8.                We may deliver your Goods in instalments. If we intend to deliver Goods in this way, we will notify you during the online checkout process.

13.  Payment (General)

13.1.                We accept payment via credit cards and debit cards. We do not accept cheques or payments via cash.

13.2.                We will do all that we reasonably can to ensure that all of the information you give us when paying for the Products is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, any failure by us to comply with these T&Cs or breach by us of our duties under applicable laws, we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.

13.3.                Your credit card or debit card will be charged when we accept your order for our Products.

13.4.                All payments by credit card or debit card need to be authorised by the relevant card issuer. We may also need to use extra security steps via your chosen card issuer. E.g. Verified by Visa.

13.5.                Nothing in this clause or clause 14 affects your legal rights to cancel the contract during the Cooling Off Period as set out in clauses 6 and 7.

13.6.                All prices are in pounds sterling (£)(GBP) and include VAT at the applicable rate, unless you are based in another country in which case prices will be listed in your applicable currency.  All prices exclude delivery charges. Information on delivery options and costs is available on our Website.

14.  Payment (Goods)

14.1.                The provisions of clause 13 apply in the case of Goods, and in addition the following terms apply.

14.2.                 If your payment is not received by us and you have already received the Goods, you must:

14.2.1.    pay for such Goods as soon as possible and in any case within 30 days; or

14.2.2.    return them to us as soon as possible and in any case within 30 days. If so, you must keep the Goods in your possession, take reasonable care of them (including ensuring that you follow any instructions or manuals given with the goods) and not use them before you return them to us.

14.3.                If you do not pay for the Goods and fail to return them in accordance with clause 14, we may collect the goods from you at your expense. We will try to contact you to let you know if we intend to do this.

15.  Nature of the Products and your rights

15.1.                The Consumer Rights Act 2015 (“CRA 2015”) gives you certain legal rights (also known as ‘statutory rights’) which can be found here. In summary of your rights under the CRA 2015:

15.1.1.   in relation to Goods, the CRA 2015 says:

15.1.1.1.        the Goods must be as described, fit for purpose and of satisfactory quality; and

15.1.1.2.        during the expected lifespan of your product your legal rights entitle you to the following:

15.1.1.2.1.             up to 30 days: if your Goods are faulty, then you can get a refund; and

15.1.1.2.2.             up to six years: if your Goods do not last a reasonable length of time you may be entitled to some money back.

15.1.2.   in relation to Services, the CRA 2015 says:

15.1.2.1.        you can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it;

15.1.2.2.        if a price has not been agreed upfront, what you’re asked to pay must be reasonable; and

15.1.2.3.        if a time has not been agreed upfront, it must be carried out within a reasonable time.

15.2.                Goods, and their packaging, may be slightly different from that shown on the Website.

15.3.                Any Goods sold at discounted prices will be identified and sold as such. Please check that they are of a satisfactory quality for their intended use.

15.4.                Please contact us using the contact details above if any of our Products are faulty in order for us to resolve the problem for you.

16.  Intellectual property rights

16.1.                All intellectual property rights including (without limitation) any patent rights, copyright, registered design, design rights and trademark rights in or in connection with any Products and/or any materials, designs or product information in connection with the Products (“Our IPR”) shall remain at all times vested in and owned by us or our licensors. For further information regarding Our IPR, please see our Website Terms of Use at https://themethod.com/pages/terms-and-conditions.

16.2.                You must not conceal, change or remove any markings which show who owns the Products and/or any materials, designs or product information relating to the Products, such as copyright (©), registered trade mark (®) or unregistered trademark (™) markings.

17.  Limit on our responsibility to you

17.1.                We are responsible for losses you suffer caused by us breaking this contract unless the loss is:

17.1.1.   unexpected: it was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).

17.1.2.   caused by a delaying event outside out control: if our supply of your Products is delayed by an event outside of our control we will contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we will not compensate you for the delay, but if they delay is likely to be substantial, you can contact us to end the contract and receive a refund for any Products you have paid for in advance, but not received. 

17.1.3.   avoidable: something you could have avoided by taking reasonable action.

17.1.4.   a business loss: it relates to your use of a Product for the purposes of your trade, business, craft or profession.

18.  Disclaimers

18.1.                Disclaimer for participation in classes, recovery treatments, contrast therapy, and wellness workshops. Please understand that participation in our classes, recovery treatments, wellness workshops and contrast therapy sessions may involve physical or physiological effects that are challenging and carry inherent risks, including the risk of personal injury or discomfort, which we cannot entirely eliminate. You are responsible for assessing whether you are in a fit state to participate in any activity or treatment. If at any time you feel unwell or experience any discomfort, you must stop the activity immediately and notify a member of staff.  When participating in such activities:

18.1.1.   you must act responsibly and sensibly at all times;

18.1.2.   you must not participate if you are under the influence of alcohol or non-prescription drugs;

18.1.3.   you must follow any safety warnings or instructions displayed or given to you by a member of staff, and you must ask a member of staff for directions if you are unclear;

18.1.4.   you acknowledge that we are not qualified to express an opinion that you are fit to safely participate. You must obtain professional or specialist advice from your doctor before participating, and by attending our classes you confirm that you are in good health and do not suffer from any medical conditions which may affect your participation in the session or put you at risk; and

18.1.5.   if you are pregnant you acknowledge that you participate in our classes at your own risk and you will seek professional or specialist advice from your doctor before participating.

18.2.                In the absence of any negligence or other breach of duty by us, participation in our classes is entirely at your risk.

18.3.                Disclaimer for use of equipment. In relation to your use of any exercise equipment either sold by us on our Website or provided to you during a class, you are responsible for using the equipment safely and as directed. You must behave sensibly and follow any safety instructions so as not to hurt or inure yourself or others.

18.4.                In the absence of any negligence or other breach of duty by us, the use of our equipment is entirely at your own risk.

18.5.                Disclaimer for loss or damage to property. In relation to loss or damage to your property, in the absence of any negligence or other breach of duty by us, we are not responsible for any theft, damage, destruction or loss of your property whilst using our facilities. Whilst we will endeavour to store any lost property that is found in The Method Studio or The Method for a period of 2 weeks and we will try to notify you if we can identify that it is your property, you remain responsible for the safe keeping of your property at all times. After this 2 week period, if we have not been contacted by you and you have not collected your lost property, we reserve the right to donate this property to a charity of our choice or to dispose of the property.

18.6.                Disclaimer for use of the café. We have a café at our site, however this café is run by a separate business to us. Therefore, these T&Cs and our contract with you only apply to Goods and Services that you purchase from us, and we will not be responsible for losses you suffer through your use of the café. If you would like more information about the café, please contact: usman@bnfhospitality.com.

19.  Events or delays outside our control

19.1.                We are not responsible for any failure to perform or delay in performing our obligations under this contract where that failure or delay is caused by an event outside our reasonable control. This includes, for example, acts of God, natural disasters, epidemics or pandemics, terrorist attacks, war or civil unrest, failure of utilities or transport networks, industrial action or employment disputes (not involving our own employees), or compliance with any law or governmental order.

19.2.                If an event outside our control affects our ability to provide the goods or services to you we will contact you as soon as reasonably possible to let you know and will take reasonable steps to minimise the impact of the delay or disruption. Provided we do this, we will not be liable for any resulting delays or non-performance and we will not compensate you for the delay. However, if the disruption is likely to be substantial or to continue for a prolonged period, you may contact us to end the contract and receive a refund for any goods or services you have paid for in advance but not received.

20.  Other important provisions

20.1.                End of the contract. If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.

20.2.                Severance. If a court finds any of these clauses unenforceable, the rest will continue in force. Each of the clauses of these terms operate separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses (and part clauses, where relevant) will remain in full force and effect.

20.3.                Transferring this contract. We may transfer our contract with you, so that a different organisation is responsible for supplying the Products. We will inform you in writing if we intend to do this. However, you may only transfer your contract with us to someone else if we agree to this.

20.4.                Third party rights. No one other than a party to this contract has any right to enforce any term of this contract.

20.5.                Disputes. If you are unhappy with the goods you ordered, our service to you or any other matter, please contact us as soon as possible using the contact details set out at the top of this page.

20.6.                Governing Law. The laws of England and Wales apply to this contract, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country.

20.7.                Jurisdiction. This means that you can choose whether to bring a claim in the courts of England and Wales or in the courts of another part of the UK in which you live.