Terms Of Business Agreement
THIS TERMS OF BUSINESS AGREEMENT (the 'Agreement') has been updated and is valid from 03/10/2024.
Before making a purchase, read this agreement carefully. You are explicitly accepting the terms of this agreement if you decide to make a purchase from our company.
IN CONSIDERATION OF THE COVENANTS and agreements contained in this Agreement the parties to this Agreement agree as follows:
Sale of Goods
The Company will sell, transfer and deliver to the Buyer the goods which are requested by the Buyer at the time of ordering, and perform the below services, on or after such a date that is agreed at the time of ordering.
Services
The Company will also provide services to the Buyer which are requested by the Buyer at the time of ordering.
Purchase Price
The Buyer will accept the Goods and Services and pay for the Goods and Services at the agreed purchase price which will be provided at the time of ordering.
The Company and the Buyer both acknowledge the sufficiency of this consideration. In addition to the Purchase Price specified at the time of ordering, the amount of any present or future use, excise, or similar tax applicable to the sale of the Goods will be paid by the Buyer.
The Purchase Price is inclusive of Value Added Tax (if, any), and is payable by the Buyer.
Payment
Payment for the Goods and Services will be made to the Company by the Buyer at the point of placing the order, before any order is processed or delivered to the Buyer.
Delivery of Goods
The Goods will be deemed received by the Buyer when delivered to the Buyer on the agreed delivery date/s. The method of shipment will be within the discretion of the Company.
Risk of Loss
The risk of loss from any casualty to the Goods, regardless of the cause, will be on the Company until the Goods have been received by the Buyer.
Warranties
The Company warrants that: (1) the Company is the legal owner of the Goods; (2) the Goods are free from all liens and incumbrances; (3) the Company has the right to sell the Goods; and (4) the Company will warrant and defend the title of the Goods against any and all claims and demands of all persons.
The Company warrants that the Goods will be fit for the purpose for which such goods are ordinarily intended or as agreed prior to the sale.
The Company warrants that the Goods will be delivered free of the rightful claim of any person arising from patent or trade mark infringement.
EXCEPT FOR THE ABOVE WARRANTIES, NO OTHER WARRANTY (WHETHER EXPRESSED, IMPLIED OR STATUTORY) IS MADE BY THE COMPANY REGARDING THE GOODS. The company's above disclaimer of warranties does not, in any way, affect the terms of any applicable warranties from the manufacturer of the Goods.
The Buyer has been given the opportunity to inspect the Goods or to have it inspected and the Buyer has accepted the Goods in its existing condition as described in the Business Packages Brochure and/or as agreed with the Buyer.
Title
Title to the Goods will remain with the Company until delivery and actual receipt of the Goods by the Buyer or, in the alternative, the Company delivers a document of title or registrable bill of sale of the Goods, bearing any necessary endorsement, to the Buyer.
Security Interest
The Company retains a security interest in the Goods until paid in full.
Inspection
Inspection will be made by the Buyer at the time and place of delivery.
Any refund will not include costs of delivery or installation/de-installation. Those costs will be borne by the Buyer.
Claims
The Buyer's failure to give notice of any claim within 10 days from the date of delivery will constitute an unqualified acceptance of the Goods and a waiver by the Buyer of all claims with respect to the Goods.
Excuse for Delay or Failure to Perform
The Company will not be liable in any way for any delay, non-delivery or default in shipment due to labour disputes, transportation shortage, delays in receipt of material, priorities, fires, accidents and other causes beyond the control of the Company or its suppliers. If the Company, in its sole judgment, will be prevented directly or indirectly, on account of any cause beyond its control, from delivering the Goods at the time specified or within one month after the date of this Agreement, then the Company will have the right to terminate this Agreement by notice in writing to the Buyer, which notice will be accompanied by full refund of all sums paid by the Buyer pursuant to this Agreement. In all other cases, if the Company fails to deliver the Goods to the Buyer within the time and manner specified in this Agreement, the Buyer may provide written notice of the default to the Seller. If within sixty (60) days of the notice being received, or within such other time period as agreed to by the parties, the default is not corrected, the Buyer may immediately terminate this Agreement.
Remedies
The Buyer's exclusive remedy and the Company's limit of liability for any and all losses or damages resulting from defective goods or from any other cause will be for the Purchase Price of the particular delivery with respect to which losses or damages are claimed, plus any transportation charges actually paid by the Buyer.
Notwithstanding the foregoing provision, if a Buyer wrongfully neglects or refuses to pay for the goods according to the terms in this Agreement, the Company may bring an action against the Buyer for the price of the goods. If the Company wrongfully neglects or refuses to deliver the goods to the Buyer, the Buyer may:
bring an action against the Company for damages for non-delivery, determined by the estimated loss resulting, in the ordinary course of events, from the Company's non-delivery of the goods; and
bring an action for specific performance.
Cancellation
The Company reserves the right to cancel this Agreement:
if the Buyer fails to pay when due; or
in the event of the Buyer's insolvency or bankruptcy.
Additional Provisions
Free face to face training terms: face to face training is usually charged at £800 per person. You will receive this service free of charge based on the following: Training takes place at our Greater Manchester training venue only. The available training dates will be provided to you. It is not possible to request specific dates. If you cannot attend on any of the training dates we provide, you will not be able to use this service and no refund/credit/exchange will be provided. Your statutory rights are not effected.
Free training for one additional person terms: face to face training is usually charged at £800 per person. You will receive this service free of charge based on the following: Training takes place at our Greater Manchester training venue only. The available training dates will be provided to you. It is not possible to request specific dates. If you cannot attend on any of the training dates we provide, you will not be able to use this service and no refund/credit/exchange will be provided. Your statutory rights are not effected.
Free accredited online training terms: The value of this service is £60. This service is provided for one person per package ordered. You will login to the course portal through our third party supplier. After completing the online modules you can download a CPD Index accredited certificate. If you fail the course you can retake it until you pass. If you are unable to complete the course for any reason, you will not be able to use this service and no refund/credit/exchange will be provided. Your statutory rights are not effected.
Free step by step demonstration videos terms: The retail price of this service is £200. This service is currently under development and access will be provided in December 2024. In the interim, the videos provided as part of the free accredited online training are provided in lieu. No refund/credit/exchange will be provided for this service. Your statutory rights are not effected.
Free CPD refresher course online terms: The retail price of this service is £50. 12 month's after completing the free online accredited training you will have access to this online service. No refund/credit/exchange will be provided for this service. Your statutory rights are not effected.
Free lifetime access to our training course updates terms: The retail price of this service is £150. No refund/credit/exchange will be provided for this service. Your statutory rights are not effected.
Free 12 month business listing in our head spa directory terms: The retail price of this service is £5 per month (£60 per 12 months). This service is currently under development and access will be provided before or during January 2025.No refund/credit/exchange will be provided for this service. Your statutory rights are not effected.
Free online business marketing masterclass terms: The retail price of this service is £50. This service is currently under development and access will be provided before or during January 2025.No refund/credit/exchange will be provided for this service. Your statutory rights are not effected.
Free logo design terms: The retail value of this service is £50. A single logo will be designed and delivered by email based up the Buyers requested colour scheme and choice of words. No re-design or amendments are included. The completed logo design will be delivered to the Buyer within 120 days of the Company accepting the Buyers instructions. No refund/credit/exchange will be provided for this service. Your statutory rights are not effected.
Free marketing templates terms: The retail value of this service is £100. Pre designed marketing templates will be provided to the Buyer by email within 60 days of ordering. The designs are not customised to the Buyers requirements. The Buyer will be provided with basic instructions on how to edit the templates but no support will be provided. It is exclusively the Buyer's responsibility to make any changes to the provided templates. No refund/credit/exchange will be provided for this service. Your statutory rights are not effected.
Free customer form templates terms: The retail value of this service is £50. Pre designed customer form templates will be provided to the Buyer by email within 60 days of ordering. The designs are not customised to the Buyers requirements. The Buyer will be provided with basic instructions on how to edit the templates but no support will be provided. It is exclusively the Buyer's responsibility to make any changes to the provided templates. No refund/credit/exchange will be provided for this service. Your statutory rights are not effected.
Free aromatherapy oils kit terms: The retail value of this product is £50. This product is provided on a first come, first served basis. If the product is sold out, you will not receive it, nor any substitute, except where the Company has agreed to provide a substitute. No refund/credit/exchange will be provided for this service. Your statutory rights are not effected.
Free online aromatherapy course terms: The retail value of this service is £50. Access to the course will be provided by email within 60 days of purchase. No refund/credit/exchange will be provided for this service. Your statutory rights are not effected.
Free massage oils kit terms: The retail value of this product is £50. This product is provided on a first come, first served basis. If the product is sold out, you will not receive it, nor any substitute, except where the Company has agreed to provide a substitute. No refund/credit/exchange will be provided for this service. Your statutory rights are not effected.
Free mystery gift worth £25 terms: The retail value of this product is £50. This product is provided on a first come, first served basis. If the product is sold out, you will not receive it, nor any substitute, except where the Company has agreed to provide a substitute. No refund/credit/exchange will be provided for this service. Your statutory rights are not effected.
General Provisions
Headings are inserted for convenience only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
All representations and warranties of the Company contained in this Agreement will survive the closing of this Agreement.
The Buyer may not assign its right or delegate its performance under this Agreement without the prior written consent of the Company, and any attempted assignment or delegation without such consent will be void. An assignment would change the duty imposed by this Agreement, would increase the burden or risk involved and would impair the chance of obtaining performance or payment.
This Agreement cannot be modified in any way except in writing signed by all the parties to this Agreement.
This Agreement will be governed by and construed in accordance with the laws of the Country of England and the Company and the Buyer hereby attorn to the jurisdiction of the Courts of the Country of England.
If any clause of this Agreement is held unconscionable by any court of competent jurisdiction, arbitration panel or other official finder of fact, the clause will be deleted from this Agreement and the balance of this Agreement will remain in full force and effect.
This Agreement will inure to the benefit of and be binding upon the Company and the Buyer and their respective successors and assigns.
This Agreement constitutes the entire agreement between the parties and there are no further items or provisions, either oral or otherwise. The Buyer acknowledges that it has not relied upon any representations of the Company as to prospective performance of the Goods, but has relied upon its own inspection and investigation of the subject matter.
No signing of this agreement is required. When the Buyer submits payment to the Company, the act of submitting the payment confirms that the Buyer accepts the terms of this Agreement.