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Terms and
conditions of Chrissy Smith as www.chrissysmith.net
1
ACCEPTANCE OF TERMS
Your access to
and use of Chrissy Smith's website www.chrissysmith.net
("the Website") is subject exclusively to these Terms and
Conditions. You will not use the Website for any purpose that is
unlawful or prohibited by these Terms and Conditions. By using the
Website you are fully accepting the terms, conditions and disclaimers
contained in this notice. If you do not accept these Terms and
Conditions you must immediately stop using the Website.
2 DEFINITIONS
2.1
"Buyer" means the individual or organisation who buys or
agrees to buy the Goods from the Seller;
2.2
"Consumer" shall have the meaning ascribed in section 12 of
the Unfair Contract Terms Act 1977;
2.3
"Contract" means the contract between the Seller and the
Buyer for the sale and purchase of Goods incorporating these Terms
and Conditions;
2.4
"Goods" means the articles that the Buyer agrees to buy
from the Seller;
2.5
"Seller" means Chrissy Smith of 139 High Street, Cottenham,
Cambs, CB24 8SD, UK (postal address). +44 (0)7943363286.
2.6 "Terms
and Conditions" means the terms and conditions of sale set out
in this document and any special terms and conditions agreed in
writing by the Seller.
3 CONDITIONS
3.1 Nothing in
these Terms and Conditions shall affect the Buyer's statutory rights
as a Consumer.
3.2 These
Terms and Conditions shall apply to all contracts for the sale of
Goods by the Seller to the Buyer and shall prevail over any other
documentation or communication from the Buyer.
3.3 Payment of
Goods shall be deemed conclusive evidence of the Buyer's acceptance
of these Terms and Conditions.
3.4 Any
variation to these Terms and Conditions (including any special terms
and conditions agreed between the parties) shall be inapplicable
unless agreed in writing by the Seller.
4 CHANGES
TO WEBSITE
Chrissy Smith
reserves the right to:
4.1 change or
remove (temporarily or permanently) the Website or any part of it
without notice and you confirm that Chrissy Smith shall not be liable
to you for any such change or removal; and
4.2 change
these Terms and Conditions at any time, and your continued use of the
Website following any changes shall be deemed to be your acceptance
of such change.
5 LINKS TO
THIRD PARTY WEBSITES
The Website
may include links to third party websites that are controlled and
maintained by others. Any link to other websites is not an
endorsement of such websites and you acknowledge and agree that we
are not responsible for the content or availability of any such sites.
6 COPYRIGHT
6.1 All
copyright, trade marks and all other intellectual property rights in
the Website and its content (including without limitation the Website
design, text, graphics and all software and source codes connected
with the Website) are owned by or licensed to Chrissy Smith or
otherwise used by Chrissy Smith as permitted by law, with the
exception of the terms 'The Radiance Technique®', 'Real
Reiki®' and 'Authentic Reiki®' which are the registered names
and registered service marks belonging to The Radiance Technique
International Association, St Petersburg, Florida.
6.2 In
accessing the Website you agree that you will access the content
solely for your personal, non-commercial use. None of the content may
be downloaded, copied, reproduced, transmitted, stored, sold or
distributed without the prior written consent of the copyright
holder. This excludes the downloading, copying and/or printing of
pages of the Website for personal, non-commercial home use only.
7 PRIVACY
7.1 Any
personal details that the Buyer provides, is kept private and secure.
When the Buyer makes a purchase from Chrissy Smith they provide their
name and email address. This information is used to process the
order and for purposes of Chrissy Smith's own marketing only(eg
Chrissy Smith mailing list). The email address and any other personal
details will not be distributed to any other person or third party
Company without the Buyers strict permission unless requested to do
so by an appropriate regulatory authority eg Paypal or HMG. The Buyer
reserves the right to ask for their details to be removed from the
Chrissy Smith records, by contacting Chrissy Smith by email.
7.2 As Chrissy
Smith uses a secure third party payment processor (PayPal™) to
process credit card and debit card orders, she does not have any
access to your credit card information at all. When you make a
purchase at this website, you are transferred to the secure servers
of our payment processors. No credit card information is ever stored
in our site database.
8 ORDERING
8.1 All orders
for Goods shall be deemed to be an offer by the Buyer to purchase
Goods pursuant to these Terms and Conditions and are subject to
acceptance by the Seller. The Seller may choose not to accept an
order for any reason.
8.2 Where the
Goods ordered by the Buyer are not available from stock the Buyer
shall be notified and given the option to either wait until the Goods
are available from stock or cancel the order and receive a full refund.
8.3 When
making an order through the Website, the technical steps the Buyer
needs to take to complete the order process are as detailed by
Paypal™ Services at www.paypal.com/uk.
9 PRICE AND PAYMENT
9.1 The Price
of the Goods shall be that stipulated on the Seller's Website. The
Price is inclusive of VAT. The Price excludes delivery charges if any
(unless otherwise stated).
9.2 The total
purchase price, including VAT and delivery charges, if any, will be
displayed on the Buyer's Paypal™ account prior to confirming the order.
9.3 After the
order is received the Seller shall send by email attachment the product/s.
9.4 Payment of
the Price plus VAT and delivery charges must be made in full before
dispatch of the Goods.
10 RIGHTS
OF SELLER
10.1 The
Seller reserves the right to adjust the price and specification of
any item on the Website at their discretion.
10.2 The
Seller reserves the right to withdraw any goods from the Website at
any time.
10.3 The
Seller shall not be liable to anyone for withdrawing any Goods from
the Website or for refusing to process an order.
11 WARRANTY
The Seller
warrants that the Goods will at the time of dispatch correspond to
the description given by the Seller. Except where the Buyer is
dealing as a Consumer, all other warranties, conditions, or terms
relating to fitness for purpose, merchantability or condition of the
Goods, whether implied by Statute, common law or otherwise are
excluded, and the Buyer is satisfied as to the suitability of the
Goods for the Buyer's purpose.
12 DELIVERY
12.1 Goods
supplied will normally be emailed within 5 working days upon receipt
of payment.
12.2 The
Seller shall use its reasonable endeavours to meet any date agreed
for delivery. In any event time of delivery shall not be of the
essence and the Seller shall not be liable for any losses, costs,
damages or expenses incurred by the Buyer or any third party arising
directly or indirectly out of any failure to meet any estimated
delivery date.
12.3 Delivery
of the Goods shall be made to the Buyer's email address specified in
the order and the Buyer shall make all arrangements necessary to take
delivery of the Goods whenever they are tendered for delivery.
12.4 Title and
risk in the Goods shall pass to the Buyer upon delivery of the Goods.
13
CANCELLATION AND RETURN
13.1 The Buyer
shall inspect the Goods immediately upon receipt and shall notify the
Seller by email or phone within 30 days of delivery if the Goods are
damaged or do not comply with any of the Contract. If the Buyer fails
to do so the Buyer shall be deemed to have accepted the Goods.
13.2 Where a
claim of defect or damage is made the Goods shall be returned by the
Buyer to the Seller together with proof of damage. The Buyer shall be
entitled to a full refund or a replacement will be emailed as quickly
as possible.
13.5 The Buyer
will receive a refund of all monies paid for the Goods within 10 days
of receipt by returning the Goods, and detailing what the reason for
return is. However, if the Buyer fails to return the Goods following
cancellation, the Seller shall be entitled to deduct the cost of
recovering the Goods from the Buyer.
13.6 Goods to
be returned must clearly show the order number obtained from the
Seller written on the goods emailed.
13.7 Where
returned Goods are found to be damaged due to the Buyer's fault the
Buyer will be liable for the cost of remedying such damage.
14
LIMITATION OF LIABILITY
14.1 Except as
may be implied by law where the Buyer is dealing as a Consumer, in
the event of any breach of these Terms and Conditions by the Seller
the remedies of the Buyer shall be limited to damages which shall in
no circumstances exceed the Price of the Goods and the Seller shall
under no circumstances be liable for any indirect, incidental or
consequential loss or damage whatever.
14.2 Nothing
in these Terms and Conditions shall exclude or limit the liability of
the seller for death or personal injury resulting from the negligence
of the Seller or that of the Seller's agents or employees.
14.3
Disclaimer: Participants of courses provided by Chrissy Smith do so
at their own risk. Chrissy Smith courses are not suitable for those
suffering from or suspected to be suffering from mental illness or
personality disorders. Chrissy Smith and any other associated
companies or persons do not accept any responsibility for any loss,
damage or personal injury.
15 WAIVER
No waiver by
the Seller (whether express or implied) in enforcing any of its
rights under this contract shall prejudice its rights to do so in the future.
16 FORCE MAJEURE
The Seller
shall not be liable for any delay or failure to perform any of its
obligations if the delay or failure results from events or
circumstances outside its reasonable control, including but not
limited to acts of God, strikes, lock outs, accidents, war, fire,
shortage or unavailability of Goods, and the Seller shall be entitled
to a reasonable extension of its obligations.
17 SEVERANCE
If any term or
provision of these Terms and Conditions is held invalid, illegal or
unenforceable for any reason by any court of competent jurisdiction
such provision shall be severed and the remainder of the provisions
hereof shall continue in full force and effect as if these Terms and
Conditions had been agreed with the invalid illegal or unenforceable
provision eliminated.
18 CHANGES
TO TERMS AND CONDITIONS
The Seller
shall be entitled to alter these Terms and Conditions at any time,
but this right shall not affect the existing Terms and Conditions
accepted by the Buyer upon making a purchase.
19
GOVERNING LAW AND JURISDICTION
These Terms
and Conditions shall be governed by and construed in accordance with
the law of England and the parties hereby submit to the exclusive
jurisdiction of the English courts
20 GENERAL
All services
offered by Chrissy Smith are for entertainment purposes only and she
does not guarantee the accuracy of a reading or other service.
The services provided should not be considered a substitute for
professional advice upon which decisions are made and not relied on
as fact. Chrissy Smith reserves the right to terminate any service
should she consider a client to be vulnerable or at risk and direct
them to a recognised help organisation.
21 WEBSITE INFORMATION
Chrissy Smith
accepts no responsibility for any information published on this website.
22. BARING
OF ACCESS
Chrissy Smith
may at her discretion temporarily or permanently bar a user's access
to any or all of the services provided in any of the following circumstances:
User has
misused the services in any way, is abusive, has committed an act of
fraud against Chrissy Smith, is suspected as being vulnerable or at risk.
23. MINIMUM AGE
Services are
available only to individuals who can form legally binding contracts
under applicable law. You must be at least 18 years old to
access the website resources and services. |
