Terms and Conditions

WEBSITE TERMS OF USE

1. Introduction

About www.us.readyset.dance (the Website)

1.1 The Website is owned by Boom Gate Enterprises LLC trading as Ready Set Dance of Suite 302, 4001 Kennett Pink, County of New Caste, Wilmington, DE 19807 USA (“us”, “our”, “we”, “Ready Set Dance”).

1.2 Your use of the Website is subject to these terms of use (Terms). If you do not accept the Terms, you must refrain from using the Website or making a purchase from the Website.

1.3 Ready Set Dance provides the Website for you to view our products and services. Our main services include the provision of children’s entertainment, dance instruction and tuition, choreography and dance modules for learning and educational purposes. The Website allows users the ability, subject to the Terms, to:

• Provide dance content;

• Post comments;

• Find a dance location;

• Access various commentaries and writings;

• Access user generated content including text, photographs, images, graphics, videos, instructional videos, dance instruction or dance advice and audio and music content; and

• Purchase a subscription to online courses on a variety of topics relevant to Ready Set Dance. The purchase of any subscription to the Online Content is subject to the E-Store Terms of Sale.

(collectively, Online Content).

1.4 We may, in our sole discretion, change or discontinue any or all aspects of the Website, including any of the Online Content, at any time without notice and without liability to you.

2. Definitions

“Customer” means the Partners or end Customers named in the order form or agreement.

“E-Store Terms of Sale” means the Terms governing the use and purchase of Subscriptions for the Purpose.

“Order” means an offer made by you in response to an invitation to treat made by E-Store Terms of Sale via the website.

“Partner” means you, your organization, business or authorized representative.

“Purpose” means using the Online Content for the provision of dance instruction, dance classes, entertainment tuition for children.

“third party” in the Terms includes a reference to any agent or contractor of Ready Set Dance, or of any of their related bodies corporate, and any person engaged by any of them, in the creation, provision or maintenance of the website or in the fulfilment of Orders made through the website, and includes any of them.

“Website” means www.us.readyset.dance.

“you”, “user”, “member”, and “guest” means anyone who visits and/or uses the Website.

The following service specific terms relate to the services as indicated and form part of your agreement with Ready Set Dance to use the Site.

3. Legal Capacity

3.1 Any Order and/or purchase made by you using the Website is an acknowledgement by you that:

(a) you are over the age of eighteen (18) years;

(b) you accept the Terms;

(c) you have a legitimate business providing the relevant services;

(d) you have entered a legal contract with Ready Set Dance in relation to the Terms; and

(e) the Terms, together with your order, constitute the entire agreement between you and Ready Set Dance for the supply of goods or services.

(f) Ready Set Dance reserves the right to take legal action and seek compensation from the parent or guardian of a minor who causes an order to be placed, for any loss or damage Ready Set Dance may suffer as a result of a transaction entered into by a minor.

4. Website Content

4.1 The Terms are supplemented by additional terms and conditions, including our Privacy Policy, and may be supplemented by other terms and conditions applicable to specific areas of the website licences, content or transactions associated with Ready Set Dance, including our E-Store Terms of Sale. The Terms, together with our Privacy Policy and the EStore Terms of Sale, govern your use of the website, the licensing of Online Content and your transactions with us. Any inconsistency will be determined in the following order of priority: the Privacy Policy, these Website Site Terms, the E-Store Terms of Sale, and then any other supplemental terms and conditions.

(a) Although Ready Set Dance uses its best endeavours to confirm the accuracy of any information published on this website, you agree that Ready Set Dance cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to Ready Set Dance or by other service providers changing specifications without notice to Ready Set Dance. You agree to make your own enquiries to verify information provided and to assess the suitability of subscriptions or products before you purchase.

(b) The information, materials and services on the Website are provided as a recommendation and for general information purposes only. They are current at the time of first publication and do not constitute legal, health or other professional advice. The information, materials and services are not intended to be comprehensive. You are responsible for determining the validity, quality and relevance of any information, material or service assessed, and obtaining appropriate independent advice before acting or relying on any of it to ensure that it meets your particular requirements. Any errors and/or omissions identified in any information, material or service, should be reported via customer feedback.

(c) The Website may feature or display third party advertising or content. By featuring or displaying such advertising or content, Ready Set Dance does not in any way represent that Ready Set Dance recommends or endorses the relevant advertiser, its goods or services.

(d) Ready Set Dance, nor any third party, will be liable for any errors in content, or for any actions you take in reliance on them. Neither you nor any other person may hold Ready Set Dance liable for any delays, inaccuracies, errors or omissions in respect of such content, the transmission or delivery of such content or any loss or damage arising from any of them.

(e) Ready Set Dance may promote, advertise or sponsor functions, events, offers, competitions or other activities which may be conducted online or offline and which may be conducted by third parties. These activities may be subject to separate terms and conditions. You participate in any such activities entirely at your own risk. Ready Set Dance does not accept any responsibility in connection with your participation in activities conducted by any other party.

5. Disclaimer and Indemnity 

(a) To the extent permitted by law, Ready Set Dance and each of their related bodies corporate exclude all liability to you and/or anyone else for loss or damage of any kind (however caused or arising) relating in any way to the Website including, but not limited to, loss or damage you might suffer as a result of:

(i)   errors, mistakes or inaccuracies on the Website;
(ii)   you acting, or failing to act, on any information contained on or referred to
on the website and/or any linked website;
(iii)   personal injury or property damage of any kind resulting from your access
or use of the Website;
(iv)   any unauthorized access to or use of the Website’s secure servers;
(v)   any interruption or cessation of transmission to or from the Website;
(vi)   any bugs, viruses, trojan horses or other harmful code or communications
which may be transmitted to or through the Website by any third party;
and/or
(vii)   the quality or fitness for any purpose of any linked sites

(b) Except as expressly provided in the Terms, and to the fullest extent allowed by the law, Ready Set Dance and its third parties will not be liable for any direct, indirect, special, incidental, or consequential damages arising out of your access to or use of the Website.

(c) You will at all times indemnify, and keep indemnified, Ready Set Dance and each of their related bodies corporate, including their directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you, or by any of them, arising from any claim, demand, suit, action or proceeding by any person against you or them where such loss or liability arose out of, in connection with, or in respect of your conduct or breach of the Terms or use of the Website.

(d) You must abide by applicable Federal, State and international laws. Due to the global nature of the internet, you must comply with all laws, regulations and rules regarding your Orders, including those concerning online conduct and acceptable content.  Specifically, you must comply with all applicable laws regarding the transmission of technical data exported from the United States of America or the country in which you reside.

(e) You are responsible for any loss, damage, cost, expense, claim or liability Ready Set Dance suffer or incur because of your violation of the Terms or any breach by you of your responsibilities, representations, and/or warranties.

(f) If you are not satisfied with the Website or the Ready Set Dance content, your sole remedy is to cease using the Website or the Ready Set Dance content and to terminate this Agreement in accordance with its terms.

(g) To the extent that Ready Set Dance is in breach of any statutory warranty or guarantee that cannot be excluded by law, the sole remedy of the User will be (at Ready Set Dance’s sole discretion):

(i)   the resupply of the relevant Website or Ready Set Dance content to the
User; or
(ii)   the payment of the cost of having the relevant Website services or Ready
Set Dance Content supplied to the User again.

6. Disclaimers – Medical 

6.1 The Website and Online Content may include information and instructions relating to dance, and some of the products and services available through the Website and the Online Content relate to these topics.  You acknowledge and agree that the following warnings and disclaimers apply to all such information, instructions, goods and services.

6.2 Before participating in any dance program that may be described and/or made accessible in or through the website and any Online Content, it is your responsibility to ensure that you are in good physical health. We and our directors, other officers, educators, employees, shareholders, agents and affiliates and other content providers are not licensed medical practitioners, are not rendering personal medical advice or treatment, and have no expertise in advising on, diagnosing, examining or treating medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition.

6.3 The Website and the Online Content are not meant to be substitutes for medical advice from your doctor or health care provider.  We make no warranties or representations, express or implied, as to the completeness, accuracy, or appropriateness for any purpose of any information, content, product or service contained in the Website or the Online Content.

6.4 Health advice is often subject to updating and refining due to medical research and developments.  We are committed to bringing you the most up to date information, however we give no guarantee or assurance whatsoever that the information or content on the Website or Online Content is the most recent on any particular subject.

6.5 You should never disregard medical advice or delay seeking it because of a statement you have read or heard on the Website and/or in any Online Content. The Website and the Online Content should not be used in lieu of advice given by qualified medical professionals, such as your doctor or registered dietitian.  It is important that the Website and the Online Content are used only in conjunction with qualified medical guidance.  You are encouraged to consult with your health care provider with any questions or concerns you may have regarding any health condition before starting any dance program.

6.6 You acknowledge and agree that, when participating in any dance program, or when using any dance products or services, there is the possibility of physical injury.  Given the disclosures and disclaimers by us, you assume the risk and responsibility for any such results or outcomes.

6.7 If you experience any discomfort or pain during a dance program or dance routine, you must immediately cease the activity and seek the assistance of a physician.

7. Intellectual Property Rights 

7.1 The names and logos relating to the names BOOM GATE, READY SET DANCE, READY SET BALLET, READY SET TAP, READY SET ACRO, READY SET MOVE, TWIRL & FREEZE and TWIRL and FREEZE Characters (the Name) are trademarks of Boom Gate Enterprises Pty Limited and used under license by Boom Gate Enterprises LLC. You are not permitted to modify, or license any trade mark on the Website.

7.2 Ready Set Dance also owns or is licensed to use the Copyright in the Online Content, videos, photographs, music, and Website.

7.3 You acknowledge that any intellectual property rights, including graphics, logos, trademarks, copyright, designs, business methods, software, distinctive brand features, design, text, icons, the arrangement of them, sound recordings and all software relating to the Website, photographs, videos and choreography are owned by Ready Set Dance, any Subsidiaries, or in some cases, a related body corporate of them, or third party, and that these remain the property of their respective owners and must not be used in any manner without the prior written consent of the owner. These intellectual property rights are protected by the United States, Federal and State law and international laws and nothing in the Terms gives you a right to own any of them but only a limited license to use the Online Content, as agreed for the specific Purposes (as defined).

7.4 Nothing contained on the Website is to be interpreted as a recommendation to use any information on the Website in a manner which infringes the intellectual property rights of any person. Ready Set Dance makes no representations or warranties that your use of the information on the Website will not infringe such intellectual property rights.

7.5 You may view the Website and its contents for personal purposes and for the specific Purpose only, and, subject to the Copyright Act of 1976 and similar legislation, you may not in any form or by any means reproduce, modify, distribute, store, transmit, publish or display within another website or create derivative works from any part of the Website or commercialise any information obtained from any part of the Website without the prior written consent of Ready Set Dance or, in the case of third party material, from the owner of the copyright in that material.

7.6 You may not modify or copy the layout or appearance of the Website, Online Content, nor any computer software or code contained in the Website, nor may you decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Website.

7.7 If you correspond or otherwise communicate with Ready Set Dance, you automatically grant to Ready Set Dance an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of your communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on the Website and developing your ideas and suggestions for improved products.

7.8 The User may only use the Name to promote the availability of the RSD Content as part of classes conducted by the User during the Term and otherwise as RSD stipulates in writing from time to time. The User may not incorporate the Name into any studio or business name, may not use the Name in any modified form or in relation to any other products or services other than those offered by RSD.

7.9 The User must not:

(a) seek to register any name, word, or words as a trade mark or as a business or company name which is the same as, or similar to, the name or any logo of Ready Set Dance;

(b) use the Name or any logo owned by Ready Set Dance on any apparel, merchandise or similar products;

(c) use the Name in any class name not offered by Ready Set Dance

(d) use more than 15 seconds of any song forming part of the Ready Set Dance content in social media post, without the prior consent of Ready Set Dance unless a song has been designated by Ready Set Dance as a public performance song to which such restrictions do not apply; or

(e) post any Ready Set Dance content to YouTube.

8. Your Use of the Website 

8.1 You agree to use the Website only for the Purpose permitted by the Terms, any applicable law or regulation and/or generally accepted practices or guidelines.

8.2 You agree that you will not engage in any activity that interferes with or disrupts the Website or the servers and networks that host the Website. You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any content or enforce limitations on the use of the Website or the content.

8.3 You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.

8.4 You understand and agree that Ready Set Dance may stop (temporarily or permanently) providing access to the Website to you, or to guests or members generally, at its discretion and without prior notice to you.

8.5 You understand and agree that Ready Set Dance may in its sole discretion restrict your access to the Website. If Ready Set Dance does this, you may be prevented from accessing all or parts of the Website, your account details or other content contained in your account. Ready Set Dance will not be liable to you or any third party for doing so.

8.6 You understand and agree that as electronic websites are subject to interruption or breakdown, access to the Website is offered on an “as is” and “as available” basis only.

8.7 You understand and agree that Ready Set Dance may impose limits or restrictions on the use you may make of the Website. Further, for security, technical, maintenance, legal or regulatory reasons, or due to any breach of the Terms, Ready Set Dance may withdraw the Website, or change or remove website functionality at any time without notice to you.

8.8 You agree that you will not post or otherwise make available any content or material that violates any Intellectual Property rights, is fake or misleading, is defamatory, unlawful, abusive, harassing or solicits business.

8.9 If the Website requires any form of login, you agree to provide  true and accurate, current, and complete information about yourself and are responsible for keeping this information up to date.

8.10 If the Website features add communication functionality, you agree that you must only use communication functionality of the Website to communicate with Ready Set Dance for Ready Set Dance content related issues and must not use the Website for any private, nonprofessional communications unrelated to the Ready Set Dance Content.

8.11 Content may be used by any qualified teacher working at the studio, but only while teaching and only at that studio.

8.12 We communicate to you electronically. You agree that these notices and our Terms and Conditions apply equally as if they were in written form.

8.13 You agree that you will not take any action which is intended, or would reasonably be expected, to materially harm the Ready Set Dance Group, their respective businesses, offerings, directors or employees, harm the reputation of the foregoing, or would reasonably be expected to lead to unwarranted or unfavourable publicity to any of the foregoing, or otherwise disparage the Ready Set Dance Group. This obligation will bind you during the Term and for three years after the end of the Term.

8.14 We retain the right to change the Website or discontinue it temporarily or permanently. If we do, we will in no way be liable to you.

8.15 You may not assign or transfer any rights under this Agreement to any third party with Ready Set Dance’s prior written consent.

8.16 The parties enter the Terms as independent contractors and not as employer and employee, principal and agent, partners or joint venturers, or in any other capacity.

9.  Stripe Payment System

9.1 Our online payment system is processed by Stripe, Inc. (Stripe). By making any purchases on our website, you agree to any additional processing fees charged by Stripe (Stripe Fees). The Stripe Fees are charged in addition to the fees charged by us and are subject to any changes made by Stripe.

10. Cookies

10.1 Cookies may be used on the Website to gather data in relation to the Website and you consent to this (although you may be able to disable cookies on your web browser).

11. Force Majeure 

11.1 Ready Set Dance will not be liable for any delay in performing any of their obligations if such delay is caused by circumstances beyond their reasonable control, including but not limited to, failure of or interruption in the provision of essential services such as electricity supply, bank payment systems or postal deliveries.

11.2 In the case of technical or other availability issues with the Website you must make all reasonable efforts to investigate and diagnose such issues prior to contacting Ready Set Dance. If you require additional support, you can contact Ready Set Dance at [email protected].

12. Governing Law

12.1 The Terms will be governed by and interpreted in accordance with the laws of the State of Delaware in the United States of America and you irrevocably submit to the non exclusive jurisdiction of the Courts of the State of Delaware in the United States of America. If any provision of the Terms is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of this agreement, which will continue in full force and effect.

12.2 If you access the Website in a jurisdiction other than the United States of America, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply. Ready Set Dance makes no representations that the content of the website complies with the laws of any country outside the United States of America.

13. Severability

13.1 If any provision or part of the Terms is found to be void, invalid, unlawful or unenforceable then that provision or part will be deemed to be severed from the Terms and the remaining provisions or parts of the Terms will remain in force and constitute the agreement between you and Ready Set Dance.

14. Transfer and Assignment 

14.1 If Ready Set Dance merges, sells or otherwise change control of its business or the Website to a third-party, Ready Set Dance reserves the right, without giving notice or seeking consent, to transfer or assign the personal information, content and rights that Ready Set Dance has collected from you and any agreements it has made with you.

15. Waiver

15.1 The failure by Ready Set Dance to exercise or enforce any right or provision under the Terms will not constitute a waiver of such right or provision. Any waiver of any provision under the Terms will only be effective if it is in writing and signed by Ready Set Dance.

SUBSCRIPTION AND CANCELLATION TERMS

1. Introduction

1.1 If you are placing your order on behalf of your organization, you represent and warrant that:

(a)   you agree to these terms on behalf of your employer or another entity;
(b)   you have full legal authority to bind your employer or such entity to these terms; and
(c)   you are responsible for all use of this order or future orders.

2. Registration

2.1 To create an account, the User must:

(a)   be at least 18 years of age;
(b)   possess the legal right and ability to enter into a legally binding agreement with us;
(c)   agree and warrant to use the Website and App in accordance with these Terms; and
(d)   not be an employee, contractor, director, shareholder or otherwise involved in the
business of a competitor of RSD, as reasonably determined by RSD from time to
time.

2.2  When using the account, the User must:

(a)   ensure that any location which the User uses any RSD Content, to conduct classes or otherwise, is at all times maintained in a clean, safe and orderly condition (including any props or other materials used by the User), and in a good and substantial state of repair; and
(b)   comply with all local authority regulations and health standards, and immediately rectify any breaches of any such health standards as are prescribed from time to time.

3. Stripe Payment System

3.1 Our online payment system is processed by Stripe, Inc. (Stripe). By purchasing your subscription online, you agree to any additional processing fees charged by Stripe (Stripe Fees). The Stripe Fees are charged in addition to any subscription fees and are subject to any changes made by Stripe.

4. Annual Subscription Contract – Prepaid 

4.1 Once your order is processed, your annual subscription will begin. The annual subscription operates for a term of 12 months beginning at date of payment (Contract Term), and automatically renews at the end of each 12-month term.

4.2 You will be charged the rate stated at the time of purchase in one lump sum, plus applicable taxes.  You authorize us to store your payment method(s) and to automatically charge your payment method(s) every year until you cancel.  We will automatically charge you the thencurrent rate for your plan, plus applicable taxes (such as VAT or GST if the rate does not include it), each year upon renewal until you cancel.

4.3  15 to 35 days before your subscription is due for renewal, we will send a renewal notice via the email address provided on order. We may change your plan’s rate each annual renewal term and we will notify you of any rate change with the option to cancel.  If the applicable VAT or GST rate (or other included tax or duty) changes during your one-year term, we will accordingly adjust the tax-inclusive price for your plan mid-term on your next billing date.

4.4 If your primary payment method fails, you authorize us to charge any other payment method in your account.  If you have not provided us a backup payment method(s) and you fail to provide payment, or if all payment methods in your account fail, we will suspend your subscription.  You can edit your payment information anytime in your Ready Set Dance account page.

5. Cancellation of Annual Subscription Contract – Prepaid

You can cancel your subscription by contacting Customer Care team at [email protected]. If notice is provided to the Customer Care team to cancel your annual subscription within the Contract Term, your payment is non-refundable and your service will continue until the end of the Contract Term.

6. Annual Subscription Contract – Paid Monthly

6.1 Your annual subscription begins as soon as your initial payment is processed.  Your subscription operates for the Contract Term, and automatically renews at the end of each 12-month term.

6.2 You authorize us to store your payment method(s) and to automatically charge your payment method(s) every month until you cancel.  We will automatically charge you the then-current rate for your plan, plus applicable taxes (such as VAT or GST if the rate does not include it), every month of your annual contract until you cancel.

6.3 15 to 35 days before your subscription is due for renewal, we will send a renewal notice via the email address provided on order. We may change your plan’s rate each annual renewal term and we will notify you of any rate change with the option to cancel.  If the applicable VAT or GST (or other included tax or duty) changes during your one-year term, we will accordingly adjust the tax-inclusive price for your plan mid-term on your next billing date.

6.4 If your primary payment method fails, you authorize us to charge any other payment method in your account.  If you have not provided us with a backup payment method(s) and you fail to provide payment, or if all payment methods in your account fail, we will suspend your subscription.  You can edit your payment information anytime in your Ready Set Dance account page.

7. Cancellation of Annual Subscription Contract – Paid Monthly

You can cancel your subscription by contacting Customer Care team at [email protected] and providing notice. If notice is provided to the Customer Care team to cancel your annual subscription within the Contract Term, your monthly payments and service will continue until the end of the Contract Term.

8. Default of Payment – Paid Monthly

You are legally obligated to make all payments towards your annual subscription, being paid on a monthly basis. If you default on any payment, we reserve the right to take legal action against you in order to recuperate monies owed. These monies owed will also incorporate legal fees incurred as a result of having to take legal action against you.

9. Subscription 30 Day Money Back Guarantee 

The 30 day money back guarantee (MBG) commences from the customer sign-up date up to, and including, the 30th day after sign up. The customer will receive a full refund of all monthly/annual and one-time fees paid in full by the customer less any applicable taxes. The MBG applies to first time subscriptions only and not to additional or secondary subscriptions, or subsequent changes in services or service packages.

9.2 Customers will be eligible to receive a full refund of all monthly/annual subscription fees so long as they have attended the Ready Set Dance onboarding session and undertaken at least one teacher training session provided by Ready Set Dance.

9.3 In the first instance, please contact our Customer Service Team at [email protected] clearly stating the reason that you wish to terminate your subscription.

9.4 From the date that your subscription has been ended, your account will be terminated and a full refund to the original form of payment will be processed.  A receipt will be emailed to the customer by the Ready Set Dance accounts team.

10. Kajabi Training

10.1 Any purchases of, or subscriptions including, Kajabi Training must be redeemed and completed by you within 3 months from the date of purchase of the training or your subscription. Extensions of the 3-month deadline are subject to the discretion of Ready Set Dance.

10.2 Should you fail to redeem and complete the Kajabi Training within 3 months from the date of purchase of the training or your subscription, you will be required to re-purchase the Kajabi Training.

E-STORE TERMS

Please read these E-Store Terms carefully before ordering products from the Ready Set Dance website (www.us.readyset.dance). By ordering products from the Ready Set Dance website, you agree to be bound by these E-Store Terms. If you do not agree with any of these Terms, we politely ask that you do not use this website.

1. READY SET DANCE

1.1. Your contracting partner is Boom Gate Enterprises LLC and its related entities including Ready Set Dance.

2. When do these E-Store Terms apply?

2.1. These E-Store Terms apply to all offers and agreements relating to the sale and delivery of products by Ready Set Dance. When you order anything at our Ready Set Dance website (www.us.readyset.dance) or any web page directly connected to our website (Website) or accept an offer from Ready Set Dance, your agreement to the E-Store Terms in the course of the order process constitutes your acceptance of the applicability of these E-Store Terms. It is only possible to deviate from these E-Store Terms if agreed in writing by Ready Set Dance.

2.2. If you are purchasing a Subscription to use the Online Content via the Website, please also read the Subscription and Cancellation Terms.

3. Our Offer and Prices

3.1. The offers on the Website are without obligation and do not bind Ready Set Dance. Ready Set Dance is likewise not bound by clear clerical errors and mistakes in promotional descriptions and other statements in the offer and on the Website.

3.2. Prices are quoted in US Dollars and do not include relevant taxes. Ready Set Dance reserves the right to make price and product changes prior to an order placed by you. Ready Set Dance reserves the right to change, limit or terminate any special offers or discounts at any time.

3.3. Ready Set Dance charges shipping costs. The shipping costs vary for each product and are further detailed under the heading ‘Shipping’ on the Website. These costs will, if applicable, be charged separately and specified and added up with the total amount of the order.

4. How is a Contract Concluded with you?

4.1. You have to be 18 years of age or older to buy products via the Website.

4.2. Orders you place via the Website for the products or services offered by Ready Set Dance through the Website are only an offer to conclude a sales contract. The sales contract is only concluded upon the confirmation by Ready Set Dance of the order per our e-mail to you.

4.3. You warrant that the information you provide to Ready Set Dance in the request or order form is accurate and complete. Ready Set Dance is never obliged to accept an order given orders are offers made to Ready Set Dance by you upon which Ready Set Dance may or may not accept. Ready Set Dance is entitled at all times to verify an order in advance or to refuse an order without providing reasons. If Ready Set Dance does not confirm your order within ten working days, it is deemed to have been refused.

5. Delivery

5.1.  Ready Set Dance can only deliver to a delivery address which is a home, office address or zip code. Deliveries will be done on business days, not being a public holiday. Ready Set Dance is entitled, insofar as reasonably possible, to make split deliveries so that you receive the ordered products as soon as possible. However, in the event that you request that Ready Set Dance deliver the order in parts, Ready Set Dance may charge you for extra delivery costs. Each split order shall constitute a separate sales contract. If Ready Set Dance is late delivering a part or one split order is faulty, that will not entitle you to cancel any other split order.

5.2. Delivery periods are indicative and are therefore not regarded as strict deadlines. The mere fact that a delivery period is exceeded does not entitle you to compensation. Ready Set Dance must first be served with a notice of default.

6. Options In Case of Delivery Problems

6.1. If Ready Set Dance discovers prior to entering into the sales contract that it can no longer deliver the ordered products, Ready Set Dance may offer you an equivalent product in terms of quality, price and function. You are not obliged to accept the replacement product. You may return it, if you so wish, in accordance with the right of return outlined below. If Ready Set Dance discovers after entering into the sales contract that Ready Set Dance can no longer deliver the ordered products and is not responsible for this situation, Ready Set Dance will be entitled to terminate the sales contract. Ready Set Dance will, of course, inform you immediately and reimburse any payments made.

7. Methods of Payment

7.1. Please check the Website for information on available payment methods. Prices shown are in US Dollars and do not include relevant taxes. Prices are subject to change.

8. Information on Returns

8.1. Right of return (change of mind returns policy):

Subject to the provisions of these E-Store Terms, you may return the products received without specifying any reasons within 30 days of receipt. We have no obligation to accept the return of products in the case of change of mind and only offer an exchange of product of equivalent value (if available) and no financial refund in this situation. The 30-day period commences on the day of receipt of the ordered products. Only products that are not suitable for dispatch by parcel (e.g. in the case of bulky goods) may be returned by submitting a written request for the products to be taken back. The timely dispatch of the products or the request to take back the products will suffice for compliance with the right of return deadline. The return of products is at your expense and risk. The right to return product only applies if the products are unused and complete in their original condition including their original packaging insofar as reasonably possible.

8.2. If a product is returned that Ready Set Dance believes has been damaged because of an act or omission for which you are to blame, or which is otherwise for your expense and risk, Ready Set Dance will be entitled to deduct the decrease in value of the product as a result of this damage from the amount to be repaid to you (if at all). You can avoid the obligation to compensate the decrease in value of a product caused by use by not using the product and by refraining (as far as reasonably possible) from any actions that could negatively affect its value.

9. Warranties and Liability

9.1. To the extent permitted by law, Ready Set Dance excludes all conditions, warranties and guarantees (whether express or implied by or arising under statute, common law, equity, trade custom or usage or otherwise), and makes no representations, relating to the products ordered by you, including warranties or guarantees of acceptable quality, merchantability and fitness for purpose. Nothing in these E-Store Terms excludes, limits or modifies any conditions, warranties or guarantees implied by or arising under statute which cannot lawfully be excluded.

9.2. Where conditions, warranties or guarantees implied by or otherwise arising under law cannot be lawfully excluded, then to the extent permitted by law, Ready Set Dance’ liability for a breach of any such condition, warranty or guarantee is limited, at its option, to the replacement or repair of the products, the supply of equivalent products or the cost of replacing or repairing the products or of acquiring equivalent products. Otherwise, to the maximum extent permitted by law, Ready Set Dance and its officers, employees, agents and representatives will not be liable for any loss or damage (including consequential loss or damage) to any person or entity, however caused (whether by negligence or otherwise), which may arise directly or indirectly from or in connection with these E-Store Terms, the Website or any orders you place via the Website. The limitations and exclusions set out in this section do not apply to any liability of Ready Set Dance for wilful misconduct, fraud or gross negligence (being negligence involving a deliberate or reckless disregard or a risk which would be apparent to a reasonable person in the same circumstances).

10. Maintenance of Products

10.1. Ready Set Dance draws your attention to the washing and maintenance instructions printed on the labels of the products. Ready Set Dance is not liable for any damage resulting from the incorrect handling of products, including handling contrary to the instructions.

11. Written Complaints

11.1. You may send written complaints concerning the conclusion of the sales contract or its performance to the below email address: [email protected]

12. Retention of Title

12.1. The delivered products will remain the property of Ready Set Dance until you have paid all amounts owing under any agreement to us in full, including the payment of costs, even of earlier or later deliveries or partial deliveries. You may not sell, dispose of or encumber products before ownership thereof has passed to you.

13. Applicable Law

13.1. These E-Store Terms are governed by the laws of the State of Delaware in the United States of America, and each party irrevocably and unconditionally submits to the nonexclusive jurisdiction of the federal courts of the United States of America and state courts of Delaware.

 

Last Updated: 5 Sep 2023