PLEASE READ THESE TERMS CAREFULLY BEFORE YOU PURCHASE OUR PRODUCTS OR SERVICES.
1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods, services or digital content.
1.2 Why you should read them. Please read these terms carefully before you purchase our goods, services or digital content. 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. If you think that there is a mistake in these terms, please contact us at info@charellegriffith.com to discuss.
1.3 Are you a business customer or a consumer? These terms apply to consumers only. If you are a business obtaining services from Charelle Griffith Limited, the services will be subject to different terms and conditions. Please contact info@charellegriffith.com if you are a business customer and would to obtain our services. You are a consumer if:
· You are an individual.
· You are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are Charelle Griffith Limited a company registered in England and Wales. Our company registration number is 07930067
2.2 How to contact us. You can contact us by email at info@charellegriffith.com
2.3 How we may contact you. 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 purchase.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes corresponding with you by email.
3. OUR CONTRACT WITH YOU
3.1 How we will accept your order. Our acceptance of your order will take place when we email you to confirm your order, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product or services requested. This might be because the product is out of stock, because of unexpected limits on our resources to provide our services which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.3 Your order number. We will assign an order number or reference to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number or reference whenever you contact us about your order.
4. OUR PRODUCTS & SERVICES
4.1 The images of our products or services on our website are for illustrative purposes only.
5. YOUR RIGHTS TO MAKE CHANGES
No changes or amendments to the products or services shall be made after purchase. Therefore, please ensure that you are certain of the products or services you want to purchase, prior to making that purchase.
6. OUR RIGHTS TO MAKE CHANGES
6.1 Minor changes to the products or services. We may change the product or service:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements. These changes will not affect your use of the productor services.
6.2 More significant changes to the products or services and these terms. We may make changes to these terms or the product or services we provide, but if we do so we will notify you.
7. PROVIDING THE PRODUCTS & SERVICES
7.1 When we will provide the products. During the order process we will let you know when we will provide the products to you. If the products are ongoing services or subscriptions, we will also tell you during the order process when and how you can end the contract.
(a) If the products are one-off services. The services begin on the date we issue you content or correspondence that relate to the services provided.
(b) If the product is a one-off purchase of digital content. We will make the digital content available for download by you as soon as we accept your order.
(c) If the products are ongoing services or a subscription to receive goods or digital content. We will supply the services, goods or digital content to you until either the services are completed or the subscription expires (if applicable) or you end the contract as described in clause 8 or we end the contract by written notice to you as described in clause 10.
7.2 We are not responsible for delays outside our control. If our supply of the products or commencement of our services is delayed 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 or services you have paid for but not received or have not started.
7.3 When you own goods. You own a product which is goods once we have received payment in full.
7.4 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products or services to you. We will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10 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 or services 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.
7.5 Reasons we may suspend the supply of products or services to you. We may have to suspend the supply of a product or service to:
(a) deal with technical problems or make minor technical changes;
(b) update the product to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the product as requested by you or notified by us to you (see clause 6).
7.6 We may also suspend supply of the products or services if you do not pay. If you do not pay us for the products or services when you are supposed to (see clause 13.3) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the products or services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products or services.
8. YOUR RIGHTS TO END THE CONTRACT
8.1 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 and when you decide to end the contract:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 12;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
(c) If you are a consumer and have just changed your mind about the product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may depend on what you have bought and may be subject to deductions;
8.2 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 or part for any products or services which have not been provided or commenced in part. The reasons are:
(a) we have told you about an upcoming change to the product and/or service or these terms which you do not agree to (see clause 6.2);
(b) we have told you about an error in the price or description of the product and/or service you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the products or services may be significantly delayed because of events outside our control;
(d) we have suspended supply of the products or services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 3 months; or
(e) you have a legal right to end the contract because of something we have done wrong.
8.3 Exercising your right to change your mind if you are a consumer. If you are a consumer then for most products bought online you have a legal right to change your mind within 14 days and receive a refund in full or part. These rights are explained in more detail in these terms.
8.4 When consumers do not have a right to change their minds. Your right as a consumer to change your mind does not apply in respect of:
(a) digital products after you have started to download or stream these or take part in the programme;
(b) online coaching after you have started the coaching programme and begun to receive coaching materials even if the cancellation period is still running;
(c) services, once these have been completed, even if the cancellation period is still running;
(d) sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them; and
(e) any products which become mixed inseparably with other items after their delivery.
8.5 How long do consumers have to change their minds? As a consumer how long you have to change your mind depends on what you have ordered and how it is delivered.
(a) Have you bought services (for example, a coaching programme) If so, you have 7 days after the day we email you to confirm we accept your order. However, once we have commenced or completed the services you cannot change your mind, even if the period is still running.
(b) Have you bought digital content for download or streaming (for example, our programme guides or books) if so, you have 7 days after the day we email you to confirm we accept your order, or, if earlier, if you start downloading or streaming. If we delivered the digital content to you immediately, when ordering, you will not have a right to change your mind.
8.6 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 are not a consumer who has a right to change their mind (see clause 8.1), 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. A contract for services, such as our coaching programmes cannot be terminated once you have paid for them and the services have commenced. A contract for services such as a monthly subscription service is completed when we have finished providing the services and you have paid for them. If you want to end the contract in these circumstances, just contact us to let us know. The contract will not end until 1 calendar month after the day on which you contact us. We will refund any advance payment you have made for products or applicable services which have not yet commenced and 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 or applicable services until 3 March. We will only charge you for supplying the product or applicable services up to 3 March and will refund any sums you have paid in advance for the supply of the product after 3 March.
9. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU ARE A CONSUMER WHO HAS CHANGED THEIR MIND)
9.1 Tell us you want to end the contract. To end the contract with us, please let us know by sending us an email to info@charellegriffith.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
9.2 How we will refund you. If you are entitled to a refund under these terms we will refund you the price that you paid for the products or services in full or part, by the method you used for payment. However, we may make deductions from the price, such as a reasonable administration fee. The administration fee will be notified to you at the point you contact us to end the contract with us.
10. OUR RIGHTS TO END THE CONTRACT
10.1 We may end the contract if you break it. We may end the contract for a product or service at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products; or
(c) you do not, within a reasonable time, allow us to deliver the products to you;
11. IF THERE IS A PROBLEM WITH THE PRODUCT
How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can write to us at info@charlene-brown.com
12. YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS IF YOU ARE A CONSUMER
12.1 We are under a legal duty to supply products and services that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the products. 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 digital content, for example a guide or workbook, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:
a) If your digital content is faulty, you’re entitled to a repair or a replacement.
b) 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
c) 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
If your product is services, for example one of our coaching programmes the Consumer Rights Act 2015 says:
a) 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.
b) If you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.
c) If you haven’t agreed a time beforehand, it must be carried out within a reasonable time.
13. PRICE AND PAYMENT
13.1 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.
13.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product (and your original order included VAT) we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
13.3 When you must pay and how you must pay. We accept payment with all major card suppliers and payment providers. You must pay before you receive the digital content (unless it is free). You must pay for the services, such as our coaching programmes, before the programme commences.
13.4 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know.
14. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A CONSUMER
14.1 We are responsible to you for foreseeable loss and damage caused by us. 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.
14.2 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 or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 12.1; and for defective products under the Consumer Protection Act 1987.
14.3 When we are liable for damage caused by defective digital content. If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements whether or not it was advised by us.
15. HOW WE MAY USE YOUR PERSONAL INFORMATION
15.1 How we will use your personal information. We will only use your personal information as set out in our here.
16. OTHER IMPORTANT TERMS
16.1 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
16.2 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
16.3 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
16.4 Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the products or services in the English courts.
