Terms & Conditions 2017-02-03T12:06:20+00:00

Terms & Conditions.

This page together with the documents referred to on it tells you the terms and conditions on which we supply the products (Products) listed on our website https://vickymartinmethod.com (our Site) to you.  Please read these terms and conditions carefully and make sure that you understand them, before ordering any Products from our Site as  by ordering any of our Products, YOU AGREE to be bound by these terms and conditions.

You should print a copy of these terms and conditions for future reference.

  1. Information about us

1.1     We operate the website https://vickymartinmethod.com. We are Vicky Martin Method Limited (“we” “our” “us”), a company registered in England and Wales under company number 10250518  and with our registered office at 27 Fawn Drive, Three Mile Cross, Reading, Berkshire RG7 1WN . This address is also our main trading address.

  1. You

You are our customer. By placing an order through our Site, you warrant that you are:

(a)            purchasing as a business customer or on behalf of a business customer to use the Products for teaching, training and practice; and

(b)            you are legally capable of entering into binding contracts; and

(c)            you are at least 18 years old; and

(d)                you are not purchasing the Products with the intention or hope of reselling them; and

(e)                you will not resell the Products.

  1. How the contract is formed between you and us

3.1     You can place the order for the Product(s) on our site by clicking the ‘Place Order’ button on the Payment page of the checkout process. This does not mean that your order has been accepted.  Your order constitutes an offer to us to purchase our Product(s) which we can accept or reject. After placing an order, you will receive an e-mail from us acknowledging that we have received your order and indicating whether or not we will supply you with the Products you have requested. All Products shown on the Website are subject to availability at the time of placing your order.

3.2      If we confirm your order, we will follow up with an email to you to confirm that the Product has been dispatched (Dispatch Confirmation).

3.3     These terms relate only to supply of those Products whose dispatch we have confirmed in the Dispatch Confirmation.  We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a specific Dispatch Confirmation.

 

3.4     Payment will be taken once we confirm supply of the Products to you.

3.5     Your order will be dispatched to you according to the delivery option you have selected during the checkout process on the Website.

  1. Price and payment

4.1     The price of the Products and our delivery charges are provided on our Site from time to time and are confirmed on the Payment page of the checkout process. In the event of any difference between the price shown on our Site and the Payment page, the price shown on the Payment page will be taken to be correct (except in cases of obvious error).

4.2     Product prices and delivery charges are liable to change at any time, but changes will not affect the price for Products in respect of which we have already sent you a Dispatch Confirmation.

4.3     Payment for all Products must be made on the Payment page of the checkout process via Paypal. In the event that for any reason we are unable to provide you with Products, we may in may in our absolute discretion offer you an alternative. If you do not wish to be supplied with the alternative, we will provide a full refund of the payment debited for Products that will not be supplied.

  1. Availability and delivery

5.2     Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Dispatch Confirmation, unless we cancel supply to you due to exceptional circumstances.

5.3     Delivery will be undertaken by independent shipping companies. Delivery times quoted are those stated by the delivery companies and once goods have left Our premises they are under the control of the delivery company. We may assist with tracking orders but we are not responsible for delays caused by late delivery or due to weather, transportation issues and any other circumstances outside of our control and You agree to waive all claims and hold us harmless in these instances.

5.4     A signature may be required from the courier on delivery.  You must inspect the package for any damage and report any damage to the courier before signing for the goods and report any damage to the package to our Customer Services Team within 24 hours of receipt of the package. Please provide us with a photo of the damaged package when you contact. Our Customer Services can be reached on 0118 3279906 between 9.00am and 5.30pm, Monday – Friday or via email at info@vickymartinmethod.com.

5.5     When you receive the goods you must inspect them for damage and faults, and you should inform us within 24 hours if either you do not consider that you have received the goods you ordered, or if you consider that the Products are faulty or damaged, otherwise the goods will be considered to have been correctly delivered, free from damage or faults and in good working order. This will be without prejudice to your statutory right to return unsuitable or faulty goods. 

 

  1. Your obligations

6.1           You agree not to copy, modify, decompile, reverse engineer or create derivative works from the Products.

6.2 You agree not to resell Products.

6.3 You agree not to obscure, remove or alter our name and/or marks on the Products.

  1. Retention of title

Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges and any other charges owed by you.

  1. Cancellation, Refund, Repair and Replacement Rights

8.1     To cancel a Contract, you must inform us in writing by e-mailing us at info@vickymartinmethod.com, quoting your full name, order reference number, date and value of the order and your method of payment. You must also return the Products to us in a saleable condition within 14 days beginning on the day you received the Products, and at your own cost.  You have a legal obligation to take reasonable care of the Products whilst they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.

8.2     If you wish to amend or cancel your order on the same day of placing the order, you must contact our Customer Services Team immediately or as soon as possible after your order has been placed on 0118 3279906  between 9.00am and 5.30pm, Monday – Friday and then confirm in writing in accordance with clause 10.1 above.  If your order has already been dispatched it will not be possible to amend or cancel your order and it will be necessary to follow the cancellation procedure in clause 8.1 above.

8.3     You are not entitled to a refund, repair or replacement Product or to cancel a Contract if:

(a)            the Products were made to your specifications or were personalised in accordance with your instructions;

(b)             you have opened the internal packaging, handled,  used, cleaned and/or damaged the Products (whether by accident or deliberately) and the Products and/or packaging is not fit for reuse;

(c)             the Products are not returned with all the packaging intact.

8.4           If you consider the Products to be defective you may return the Products to us by courier or special delivery post which must be signed for by us and you must insure the returned Products for their full replacement value. All delivery charges and costs relating to the return of the Products will be met by you. In the event that the Products are not returned or not received by us, no refund or replacement will be given. 10.5     If you return a Product to us we will examine the returned Product and will notify you of your eligibility for a refund or to a repair or replacement via e-mail within 14 days.

 8.5 In the event that you are entitled to a refund we will refund the amount due to you within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund. We will refund the price of a defective Product in full, including any applicable delivery charges you incurred in returning the Product to us back to you using the payment method you used for purchase of the Product.

8.6 In the event that you are entitled to a repair or replacement Product we shall deliver the repaired or replacement Product to you where possible within 28 days of receipt of the return a reasonable time. Any applicable delivery charges to deliver the replacement Product to you will be met by us.10.8 The terms of this agreement shall apply to any repaired or replacement Products supplied by us.

  1. 9. Warranty

We warrant to you that any Product purchased from us through our site will, on delivery, conform to its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.

  1. EXCLUSION OF IMPLIED TERMS

All warranties, terms or conditions implied by statute, common law, custom or otherwise regarding description, quality, fitness for purpose, or compliance with description or sample of the goods are excluded to the fullest extent permitted by law.

  1. Our liability

11.1     We will NOT be liable for loss of income or revenue, loss of business, loss of profits,   loss of anticipated savings,  loss of anticipated or  any losses that you suffer as a result of our failure to comply with these Terms (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure other than as set out in 11.2.

11.2     loss of data,waste of management or office time.

11.3     Nothing in this agreement excludes or limits our liability for:

(a)            death or personal injury caused by our negligence (this does not cover such injury caused by your use of our Product);

(b)            fraud or fraudulent misrepresentation;

(c)            any breach of the obligations imposed by the Sale of Goods Act and the Supply of Goods and Services Act 1982;

(d)             defective products under the Consumer Protection Act 1987; or

(f)             any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.

11.4     We are not liable for and goods manufactured by a third offered for sale through our Site or by following a link from our Site. The seller’s individual liability will be set out in the seller’s terms and conditions.

  1. Import duty

12.1     If you order Products from our site for delivery outside the UK, they may be subject to regulations governing import, duties and taxes which are levied when the delivery reaches the specified destination.  You will be responsible for compliance with such regulations and payment of any such import duties and taxes.  Please note that we have no control over these charges and cannot predict their amount.  Please contact the relevant customs office for further information before placing your order.

12.2     Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined.  We will not be liable for any breach by you of any such laws.

  1. Written communications

13.1 We will contact you by e-mail or provide you with information by posting notices on our website.  For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.  This condition does not affect your statutory rights.

13.2 All notices given by you to us must be given to the Vicky Martin Method, 9 Crescent Road, Wokingham, Berkshire, RG40 2DB,  info@vickymartinmethod.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 16 above.  Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter.  In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.

  1. Transfer of rights and obligations

14.1     You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

14.2     We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

  1. Events outside our control

15.1     We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).

15.2     A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

(a)            strikes, lock-outs or other industrial action;

(b)            civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

(c)            fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

(d)            impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

(e)            impossibility of the use of public or private telecommunications networks;

(f)             the acts, decrees, legislation, regulations or restrictions of any government; and

(g)            pandemic or epidemic.

15.3     Our performance under these Terms  is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period.  We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

  1. Waiver

16.1     If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.

16.2     A waiver by us of any default will not constitute a waiver of any subsequent default.

16.3     No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 18 above.

  1. Severability

If any court or competent authority decides that any of the provisions of these terms and Conditions or any provisions of a Contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.

  1. Entire agreement

18.1     These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us.

18.2     We each acknowledge that, in entering into a Contract, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.

18.3     Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.

  1. Our right to vary these terms and conditions

19.1    We have the right to revise and amend these terms and conditions from time to time.

19.2     You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).

  1. Law and jurisdiction

Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law.  Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of England and Wales.

  1. Third party rights

A person who is not party to these terms and conditions or a Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.

 

 

© Vicky Martin Method Limited