TERMS AND CONDITIONS OF SALE
The following are our Terms and Conditions of Sale (terms of sale) for the sale of the Consultancy Services.
Please read all these Terms and Conditions – by signing up to our Consultancy Services, you are confirming your acceptance to these Terms of Sale.
- Client“Client” means the organisation or company with whom the Contract is entered into;
- Consultant; “Consultant” means individual or service company that provides services to the Client;
- Contract means the legally-binding agreement between you and us for the supply of the Services;
- Order means the Client’s order for the Services from the Consultant as submitted following the step-by-step process set out on the Website;
- Services means the services advertised on the Website of the number and description set out in the Order;
- Website means our website www.gardenshedmarketing.co.uk on which the Services are advertised.
- The Client is of the opinion that the Consultant has the necessary qualifications, experience and abilities to provide the consulting services to the Client.
- The Consultant is agreeable to providing such consulting services to the Client on the terms and conditions set out in this Agreement.
3. BASIS OF SALE
- The Order process is set out on the Website and subsequent links. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
- A Contract will be formed for the Services ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract, and before performance begins of any of the Services.
- Any quotation or estimate of Fees (as defined below) is valid for a maximum period of30 days from its date, unless we expressly withdraw it at an earlier time.
- No variation of the Contract, whether about description of the Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Client and the Consultant in writing.
- The description of the Services and any Goods in our website does not constitute a contractual offer to sell the Services or Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will of course try to tell you the reason without delay.
- We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer.
4. FEES AND PAYMENT
- The fees (Fees) for the Services and any additional delivery or other charges is set out on the Website at the date we accept the Order or such other price as we may agree in writing. Prices for Services may be calculated on a fixed price or on a standard daily rate basis.
- You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Services.
- We will deliver the Services by the time or within the agreed period or, failing any agreement
- In any case, regardless of events beyond our control, if we do not deliver the Services on time, you can require us to reduce the Fees or charges by an appropriate amount (including the right to receive a refund for anything already paid above the reduced amount). The amount of the reduction can, where appropriate, be up to the full amount of the Fees or charges.
WITHDRAWAL AND CANCELLATION
- This is a distance contract(as defined below) which has the cancellation rights (Cancellation Rights) set out below.
- Right to cancel
- Subject as stated in these Terms and Conditions, you can cancel this Contract within 14 days without giving any reason.
- To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (eg a letter sent by email). You must be able to show clear evidence of when the cancellation was made.
- To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
- Effects of cancellation in the cancellation period
- Except as set out below, if you cancel this Contract, we will reimburse to you all payments received from you.
- Payment for Services commenced during the cancellation period
- Where a service is supplied (being part of the Service) before the end of the cancellation period in response to your express request to do so, you must pay an amount for the supply of the service for the period for which it is supplied, ending with the time when we are informed of your decision to cancel the Contract. This amount is in proportion to what has been supplied in comparison with the full coverage of the Contract. This amount is to be calculated on the basis of the total price agreed in the Contract or, if the total price were to be excessive, on the basis of the market value of the service that has been supplied, calculated by comparing prices for equivalent services supplied by other traders. You will bear no cost for supply of that service, in full or in part, in this cancellation period if that service is not supplied in response to such a request.
- Deduction for Services supplied
- We may make a deduction from the reimbursement for loss in value of any Services supplied.
- Distance Contract
- For the purposes of these Cancellation Rights, these words have the following meanings:
- distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded.
- For the purposes of these Cancellation Rights, these words have the following meanings:
- Right to cancel
- We have a legal duty to supply the Services in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
- We will supply the Services with reasonable skill and care.
- Except as otherwise provided in this Contract, all monetary amounts referred to in this Agreement are in GBP.
- Confidential information (the “Confidential Information”) refers to any data or information relating to the Client, whether business or personal, which would reasonably be considered to be private or proprietary to the Client and that is not generally known and where the release of that Confidential Information could reasonably be expected to cause harm to the Client.
- The Consultant agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any Confidential Information which the Consultant has obtained, except as authorised by the Client or as required by law. The obligations of confidentiality will apply during the Term and will survive indefinitely upon termination of this Contract.
- All written and oral information and material disclosed or provided by the Client to the Consultant under this Contract is Confidential Information.
10. PERSONAL INFORMATION
- We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.
11. RETURN OF PROPERTY
- Upon the expiry or termination of this Contract and on request, the Consultant will return to the Client any property, documentation, records, or Confidential Information which is the property of the Client.
12. CAPACITY/INDEPENDENT CONTRACTOR
- In providing the Services under this Contract it is expressly agreed that the Consultant is acting as an independent contractor and not as an employee. The Consultant and the Client acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for service.
- We shall not be liable to you for any indirect, special or consequential loss or damage, including:
- loss of profit, goodwill, savings or loss of contract.
We also exclude, but only as far as legally possible, all terms and warranties or promises implied by law or by statutes.
We shall not limit or exclude our liability for:
- death or personal injury;
- fraud or fraudulent misrepresentation; or
- any act, omission or matter, liability for which may not be excluded or limited under any Applicable Law.
- Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, each Party agrees to indemnify and hold harmless the other Party, and its respective affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective affiliates, officers, agents, employees, and permitted successors and assigns that occurs in connection with this Contract. This indemnification will survive the termination of this Contract.
15. MODIFICATION OF AGREEMENT
- Any amendment or modification of this Contract or additional obligation assumed by either Party in connection with this Contract will only be binding if evidenced in writing signed by each Party or an authorised representative of each Party.
16. ENTIRE AGREEMENT
- It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Contract except as expressly provided in this Contract.
- Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Contract.
18. GOVERNING LAW
- This Contract will be governed by and construed in accordance with the laws of England and Wales.
- The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Contract by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.
- All notices, requests, demands or other communications required or permitted by the terms of this Contract will be given in writing and delivered to the Consultant at the following address:
Paula Gilbert, Garden Shed Marketing, 16 The Lorne, Bookham KT23 4JZ
or to such other address as the Consultant may notify the other.
QUESTIONS OR COMPLAINTS
If you have any questions or a complaint about the service provided by us, please contact email@example.com