Terms & Conditions

    1. These are the terms and conditions (the “terms” or the “contract”) on which we supply products to you, namely digital content through our subscription service and any other goods or services provided on or through our site.  Please read these terms carefully before you submit any order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
    3. Please note that if you purchase goods from or through our shop pages, you will be redirected to our shop page and our terms and conditions of sale will apply. The shop page of our site provides a convenient way for you to access authentic, high quality Breaking Ballet® and BBackstage™ branded goods that we commission from the best third party suppliers.
    4. You agree that it is your responsibility to judge your physical and mental capabilities for practising physical exercise, including any exercise or activity shown on this site or in our products.  You will not exceed your limits in using our site or following any activity or instruction shown on it or in our products.    You understand that, from time to time instructors may suggest physical adjustments, movements or modifications or the use of equipment and it is your sole responsibility to determine if any such suggested adjustment, movement or modification or equipment is appropriate for your level of ability and physical and mental condition
    1. PEARLPENNY LIMITED (“we” or “us”) is a company registered in England and Wales. Our company registration number is 10405376 and our registered office is at   Cannon Place, 78 Cannon Street, London, EC4N 6AF.
    2. You can contact us by writing to us using the Contact page on the site.
    3. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order. 
    4. When we use the words “writing” or “written” in these terms, this includes emails.
    1. Any order you wish to make to subscribe for our products will only be placed when we email you accepting it, at which point a contract will come into existence between you and us on the basis of these terms.  Our Terms of Use, Acceptable Use Policy, Privacy Policy and Cookie Policy form part of this contract and you must comply with them, but in case of any inconsistency or conflict the provisions of these terms will take precedence.
    2. Our website is solely for the promotion of our products in the UK.
    3. Our site is not directed to anyone under eighteen (18) years of age and by visiting and using this site you warrant and represent that you are over 18 years of age and have capacity to enter into this contract. You also agree to: (a) provide true, accurate, current and complete information about yourself when information is required or requested and (b) keep such information up to date. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that you have done so, we reserve the right to suspend or terminate your use of the site and products at any time.
    4. You may access our site and content for your information and personal use and, when you purchase a subscription product, for streaming that content (i.e. viewing a digital transmission of an audiovisual work via the Internet on your device such that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by you). Accessing our subscription products for any purpose or in any manner other than streaming is expressly prohibited and constitutes a material breach of these terms entitling us to terminate our contract with you with immediate effect, including any rights of access to subscription products and services, without any reimbursement of any sums paid by you.
    5. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify us of any unauthorised use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with these terms.  You must not allow others to use your user information or password to access any subscription products.  To do so will entitle us to terminate this contract with immediate effect without any reimbursement of any sums paid by you for any products.
    6. Excessive viewings or logins to our subscription products will be construed as fraudulent use, which will result in the immediate cancellation of access without refund. You agree to take all actions possible to protect your username and password from fraudulent use.
    1. If we are unable to accept your order, we will inform you in writing and will not charge you for the product. This might be because of unexpected limits on our resources which we could not reasonably plan for, because of technical issues or because we have identified an error in the price or description of the product.
    1. Products may vary slightly from their pictures. The images of the products on our website and in our Shop are for illustrative purposes only. Although we have made every effort to display the colour accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
    2. Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
    3. If we are making the product to measurements you have given us you are responsible for ensuring these measurements are correct.
    1. If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. In the case of our subscription services, it is unlikely that you will be able to make a change once access has been provided to you. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 9 below).
    1. We may change any product:
      1. to reflect changes in relevant laws and regulatory requirements (for example any change that prevents us supplying or providing products in the manner we had previously provided them); or
      2. to implement minor technical adjustments and improvements, for example, to address a security threat.
    2. We may update or require you to update digital content, provided that the digital content shall always materially match the description of it that we provided to you before you bought it.
    1. Subscription to receive digital content: We will supply the product to you until the subscription expires (if applicable) or you end the contract as described in clause 9 or we end the contract by written notice to you as described in clause 11 or elsewhere in this contract (e.g. clauses 3.3-3.6).
    2. If the products are goods from the shop we will despatch them to you via special courier as soon as reasonably possible and in any event within 14 days after the day on which we accept your order.
    3. We are not responsible for delays outside our control. If our supply of the products is delayed, suspended or prevented by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
    4. We may need certain information from you so that we can supply the products to you, for example, your name, address, shirt size and payment-related information. If so, this will have been stated in the description of the products on our website or during the order process. If you give us incomplete or incorrect information, we may either end the contract (and clause 11.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
    5. We may have to suspend the supply of a product to:
      1. deal with technical problems or make minor technical changes;
      2. update the product to reflect changes in relevant laws and regulatory requirements;
      3. make changes to the product as notified by us to you (see clause 7).
    6. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product’s availability, we will extend any online subscription to ensure that the period of actual availability matches the period for which you have purchased the subscription.
    1. You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
      1. If what you have bought is faulty or mis-described you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back), see clause 12;
      2. If you want to end the contract because of something we have done or have told you we are going to do, see clause 10.2;
      3. If you have just changed your mind about the product, see clause 10.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;
      4. In all other cases (if we are not at fault and there is no right to change your mind), see clause 9.6.
    2. Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided at all. The reasons are:
      1. we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 7.2);
      2. we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
      3. there is a risk that supply of the products may be significantly delayed because of events outside our control;
      4. we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 7 days; or
      5. you have a legal right to end the contract because of something we have done wrong.
    3. Exercising your right to change your mind (Consumer Contracts Regulations 2013). For some products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
    4. You do not have a right to change your mind in respect of digital products after you have started to download or stream these.
    5. How long do I have to change my mind? You have 14 days after the day we email you to confirm we accept your order for a subscription of our digital content, or, until you start downloading or streaming if that is sooner than 14 days. If we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.
    6. Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 10.1), you can still end the contract before it is completed. A contract for goods or digital content is completed when the product is delivered, downloaded or streamed and paid for. If you want to end the contract in these circumstances, just contact us to let us know. The contract will not end until 1 week after the day on which you contact us. We will refund any advance payment you have made for products which will not be provided to you. For example, if you tell us you want to end the contract on 4 February we will continue to supply the product until 11 February. We will only charge you for supplying the product up to 11 February and will refund any sums you have paid in advance for the supply of the product after 11 February.
    1. To end the contract with us, please let us know by contacting us through the Contact page providing your name, address, details of the order and, where available, your phone number and email address.
    2. How we will refund you. We will refund you the relevant price, by the method you used for payment. However, we may make deductions from the price, as described in these terms.
    3. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind in relation to a digital product then your refund will be made within 14 days of your telling us you have changed your mind. If you are exercising your right to change your mind in relation to goods purchased from our shop, you will need to return the goods to us in the packaging it was sent with and your refund will be made within 14 days of receipt by us of the goods.
    1. We may end the contract if you break it. We may end the contract for a product at any time by writing to you if you do not comply with the terms for accessing and using our site (which includes these terms, our terms of use, privacy policy and our acceptable use policy).
    2. You must compensate us if you break the contract. If we end the contract in the situations set out in clause 11.1 (and subject to clause 3) we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you for reasonable compensation for the loss, damage, time and/or costs we will incur as a result of your breaking the contract as compensation for the net costs we will incur as a result of your breaking the contract.
    3. We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know at least 7 days in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
    1. How to tell us about problems. If you have any questions or complaints about the product, please contact us.
    2. Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06. If your product is goods, for example, a hoodie fro our shop, the Consumer Rights Act 2015 says goods must be as described, fir for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:

  • Up to 30 days: if your goods are faulty, then you can get an immediate refund.
  • Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
  • Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.

If your product is digital content, namely a subscription to our fitness programme(s), the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:

  • if your digital content is faulty, you’re entitled to a repair or a replacement.
  • if the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back
  • if you can show the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation

See also clause 9.3. See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).

    1. Where to find the price for the product. The price of the product will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 13.2 for what happens if we discover an error in the price of the product you order.
    2. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and could reasonably have been recognised by you as a mispricing, we may end the contract and refund you any sums you have paid.
    3. We accept payment via Stripe for digital products and via Paypal in our shop. You must pay for the products at the point of sale and before the content is made available to you.
    4. If you think an invoice is wrong please contact us promptly (using the Contact page) to let us know.
    1. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
    2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 12.2; and for defective products under the Consumer Protection Act 1987.
    3. We are not liable for business losses. We only supply the products for domestic and private use. If you use the site or products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity or any consequential loss not otherwise excluded above.
    1. We will use the personal information you provide to us:
      1. to supply the products to you;
      2. to process your payment for the products; and
      3. if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
    2. We will only give your personal information to other third parties where the law either requires or allows us to do so. Please see our privacy policy and terms of use for further details.