Terms of Sale

 

1. Definitions

1.1  We, us, our mean Melanie Coleman

1.2  You and your mean the purchaser of goods, audio or video content from Melanie Coleman

1.3  This is a contract between us and you

3. Payment

3.1  You may request to make payment by instalments.  If you and we agree that you may make payments by instalments you must pay all instalments on or before each due date

3.2  The due date for each instalment is 30 days after purchase and payment of the first instalment, and 30 days after each previous instalment

3.3  All goods sold by us are charged in Pounds Sterling

4. Warranty

4.1  We warrant to you that:
a.  any Product purchased from us will, on delivery, conform in all material respects with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied; and
b.  we will perform our obligations under the Contract with reasonable care and skill
4.2  All other conditions, warranties or other terms which might have effect between you and us or be implied or incorporated, whether by statute, common law or otherwise, are hereby excluded to the fullest extent allowed by applicable law

5. Limitation of liability

5.1  Nothing in these terms of supply excludes or limits our liability for:

a.  death or personal injury caused by our negligence;

b.   fraud or fraudulent misrepresentation; or

c. any other matter for which it would be unlawful for us to exclude or attempt to exclude our liability

5.2  Our maximum aggregate liability in respect of any claim arising out of any Contract, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall not exceed the total sum paid for the particular Product and/or Event giving rise to the claim

5.3  We will not be liable in contract, tort (including negligence), breach of statutory duty or otherwise for losses that fall into any of the following categories:

a. loss of income or revenue;

b. loss of business;

c. loss of profits;

d. loss of anticipated savings;

e. loss of data;

f. loss of goodwill;

g. loss of contract;

h. waste of management or office time; or

i. any special, indirect, consequential or pure economic loss which arises out of or in connection with these terms of supply even if we had been advised of the possibility of such loss

5.4  We shall have no liability for any failure or delay in the performance of any of our obligations where any such failure or delay is due to any act or omission by you or any third party

5.5  You assume sole responsibility for the selection, suitability and use of any Products or Events

6. Refunds & exchange

6.1  If you change your mind after purchase, you are not entitled to a refund. We look at all cases on an individual basis – please email hello@thegirlsmeanbusiness.com and we will reply to you within 48 working hours.

6.2  Digital products do not fall within the 7 day ‘cooling off’ period required by UK Law

6.3  We may close Facebook groups, remove individuals from Facebook groups and refuse membership to Facebook groups at our discretion and without notice. Facebook groups are free bonuses and do not constitute a paid element of a Product or Service

7. Intellectual Property


1. All intellectual property rights (including but not limited to copyright) in all Products, Events and Event materials at all times belong to and shall remain vested in us and neither you nor any other person shall obtain any intellectual property rights or any other interest, right or title whatsoever in or to any Product or any Event materials or any part thereof save as otherwise expressly granted under these terms of supply
2. If you purchase an Event for which we provide you Event materials, we hereby grant you a non-transferable, non-exclusive licence to use those materials strictly for the purpose of participating in the relevant Event and for your own educational, noncommercial purposes
3. You shall ensure that such course materials are only made available to and accessed by you in accordance with clause 10.2 and you must not make available, copy, reproduce, disseminate, retransmit, sub-license, distribute, sell, publish, broadcast or otherwise supply in any medium and in any manner any such materials (or any part of them) to any third party

8. Privacy

7.1  You agree to our Privacy Policy available at 

9. Data Protection


9.1  In relation to any personal data provided to us by you or on your behalf, you agree that we may use such personal data to perform our obligations and enforce our rights under any Contract
9.2  Furthermore, you agree that any such personal data will be processed in accordance with our Privacy Policy (as amended by us from time to time)

10. Import duty


10.1  If you order Products from us they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for 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 your local customs office for further information before placing your order
10.2  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

11. Written communications


11.1  Applicable laws require that some of the information or communications we send to you should be in writing.  You accept that communication with us may be mainly electronic.  We will contact you by e-mail or provide you with information by posting notices on our site.  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

12. Notices


12.1  All notices given by you to us must be given to us at melanie@melanie-coleman.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 12 above. Notice will be deemed received by you and properly served on you immediately when posted on our site, 24 hours after an e-mail is sent to you, or three days after the date of posting of any letter to you. 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 email address of the addressee

13. Transfer of rights and obligations


13.1  The contract between you and us is binding on you and us and on our respective successors and assignees
13.2  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. In particular, you may not transfer to anyone else your place on an Event
13.3  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

 

14. Events outside our control


14.1  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)
14. 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; and

f.  the acts, decrees, legislation, regulations or restrictions of any government
14.3  Our performance under any Contract 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

15. Waiver


15.1  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 of supply, 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
15.2  A waiver by us of any default will not constitute a waiver of any subsequent default
15.3  No waiver by us of any of these terms of supply will be effective unless it is expressly stated to be a waiver and is communicated to you in writing

16. Severability


16.1  If any of these terms of supply or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law

17. Entire agreement


17.1 These terms of supply 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 relating to the subject matter of any Contract
17.2  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 expressly set out in these terms of supply
17.3  Each of us agrees that our only liability in respect of those representations and warranties that are expressly set out in these terms of supply (whether made innocently or negligently) will be for breach of contract
17.4  Nothing in this clause limits or excludes any liability for fraud

18. Our right to vary these terms of supply


18.1  We have the right to revise and amend these terms of supply from time to time
18.2  You will be subject to the policies and terms supply in force at the time that you order Products or Events from us

19. Law and jurisdiction


19.1  Contracts 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 such dispute or claim will be subject to the nonexclusive jurisdiction of the courts of England and Wales