TERMS & CONDITIONS OF WEBSITE USAGE
www.fengshuiagency.com (“site”) is owned and operated by The Feng Shui Agency Ltd, a company registered in England and Wales under company number 05397079 and with our registered office at 71-75 Shelton Street, London, WC2H 9JQ, with VAT number GB 915 3666 16.
Please read these terms and conditions carefully before placing an order. By purchasing digital products or consultation services on this site, you agree to be bound by these terms and conditions. If you are not willing to be bound by these terms and conditions please do not purchase digital products or consultation services on this site.
2. Changes to terms
We reserve the right, at our discretion, to modify, add, or remove any or all of these terms and conditions at any time and each such change shall be effective immediately upon posting.
Please check these terms and conditions periodically for changes.
Your continued use of this site and purchase of products or services on this site following the posting of changes to these terms and conditions will mean you accept those changes. Please check the terms before every purchase.
4. Products & Services
We have made every effort to display any relevant images of the Products accurately on our Site, but they are for illustrative purposes only. Products delivered and packaging may vary slightly from those images.
5. Age restriction
You shall not purchase any Products from our Site if you are below the age of 18 years old.
6. Acceptance of order
6.1 These Terms will become binding on you and us and a Contract will come into effect between you and us only upon our written acceptance of the Digital Product Order issued to you by email (Download Confirmation) or for Services by your signed acceptance of our online quotation proposal.
6.2 At the time of acceptance of an Order an order number is assigned to you. You should quote the order number in all your subsequent correspondence relating to the Order.
7. Entire Agreement
8.2 You shall not have any claim for innocent or negligent misrepresentation against us based on any statement in this Contract.
8.3 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
9. Right to cancel
9.1 By purchasing a downloadable product you understand that you give your express consent to receive the Information Product within the 14 day cancellation period, and therefore acknowledge that once the download starts you will lose your right to cancel.
9.2 You cannot cancel the Contract in below cases:
a) Digital downloads of products
b) Coaching calls and consultancy site visits to your home or business or other relevant property carried out within 14 days of being commissioned.
9.3 The terms of Cancellation of Services commissioned are included in the online proposal that you sign upon commissioning our consultation services and are separate to this agreement.
10. Delivery of Digital Products
10.1 You may place an order for Digital Products from outside the UK and the Delivery of Digital Products to International Purchasers will be subject to applicable taxes payable by you.
10.2 You agree to comply by all applicable laws of country to which Digital Products are delivered and we shall not be liable for any such violations.
11.1 Prices of the Digital Products are specified on our site and confirmed on the checkout page. We may change our prices any time, but that will not affect the prices for confirmed orders.
11.2 Our prices are inclusive of VAT. However, if there is a change in the rate of VAT between the date of the Order and the date of delivery or performance, the rate of VAT that you pay will be adjusted, unless you have already paid full purchase price prior to the change in the rate of VAT takes effect.
11.3 Despite our best efforts, there may be incorrect prices on some of the Digital Products. If the Products’ correct price is less than a price shown on our site, the lower amount will be charged. If the Products’ correct price is higher than the price specified on our site, we will inform you of this and ask whether you wish to continue with the order with the actual higher price. If the error in price is obvious, unmistakeable and mispricing could have been recognised reasonably by you, we will not be liable to provide the Products to you at the lower price that was incorrect.
Payment for Digital Products is to be made in advance by credit or debit card. Your credit or debit card will be immediately charged so that you can download your digital product. We accept payment with Paypal or Stripe (Visa, Mastercard, American Express)
For Payment of Services we also accept Bank Transfers – bank details will be provided in your online contract with us upon commissioning the service.
13. Limitation of liability
13.1 Products supplied by us are for non-commercial purposes only. You shall not use the Products for any business or re-sale, commercial purpose. We are not liable to you for any loss of business, loss of profit, loss of business opportunity, or business interruption.
13.2 We are not liable for any loss or damage or injury to you that arises from having applied any of the advice in our information products or consultation reports.
14. Circumstances beyond our control
14.1 If there is failure to perform, or delay in performance of any of our obligations under these Terms due to Circumstances Beyond Our Control, we will not be liable for such failure.
14.2 Circumstances Beyond Our Control include any act or event beyond our reasonable control, including without limitation lock-outs, strikes, or other industrial action by third parties, riots, civil commotion, terrorist attack or threat of terrorist attack, invasion, war (whether declared or not) or threat or preparation for war, explosion, fire, flood, storm, subsidence, epidemic, earthquake, or other natural disaster, or failure of private or public telecommunications networks.
14.3 If any Circumstances Beyond Our Control affects the performance of our obligations under these Terms:
14.4 You will be notified as soon as reasonably possible; and
14.5 The time for performance of our obligations will be extended and our obligations under these Terms will be suspended for the duration of the Circumstances Beyond Our Control. If the delivery date of consultation services is affected by the Circumstances Beyond Our Control, we will reschedule the consultation with you after the Circumstances Beyond Our Control are over.
15.1 Any notice to us should be in writing and sent to us by e-mail or by pre-paid post to Feng Shui Agency Ltd at 71-75 Shelton Street, London, WC2H 9JQ and/or email@example.com.
15.2 Any notice to you will be in writing by e-mail or by pre-paid post to the address you provided us with on the Order.
16. Website Content & Intellectual Property
16.1 Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
16.2 Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
16.3 This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
16.4 Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
16.5 From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
16.6 In using this website you consent to Cookies being enabled in your browser. [6/5/18 Please not the Cookies policy is currently being updated to determine which cookies are being gathered]
16.7 Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.
17.1 We may assign our rights and obligations under these Terms to any another person. If there is any such assignment of rights and obligation, we will inform you in writing or by email.
17.2 You cannot transfer your rights and obligations under these Terms to any another person without our written approval.
17.3 This contract is only between you and us. No other third person shall have any rights to enforce any terms.
17.4 Each paragraph of these Terms are separate and distinct from one another. If any court or relevant authority determines any of paragraphs of these Terms is unlawful, then such determination will not affect other paragraphs and all other remaining paragraphs will remain in effect and full force.
17.5 Our failure to insist that you perform any of your obligations under these Terms, or to enforce our rights against you, or delay in doing so, does not mean that our rights against you have been waived and does not mean that you need not comply with those obligations. Any waiver by us of your default will be only in writing, and it does not mean that we will waive any of your future defaults.
17.6 English law governs these Terms and contract between you and us. English courts will have jurisdiction on any dispute that may arise out of this Terms or contract between you and us. However, you may bring proceedings in Northern Ireland if you are a resident of Northern Ireland, and you may bring proceedings in Scotland if you are a resident of Scotland.
18. Contact us
18.1 For any questions or queries you can contact us at 0844 848 4099 or e-mail us at firstname.lastname@example.org
This Terms and Conditions Version 2.0 updated March 2018 is a document that is the Copyright of Feng Shui Agency Ltd 2018