WWW.YOURECSTATICHEALTH.com Terms and Conditions
1.1 When the following words with capital letters are used in these Terms, this is what they will mean:
(a) Event Outside STB’s Control: is defined in clause 8.2;
(b) Order: your order for the Program;
(c) Program: the program Your Ecstastic Health creates for you as set out in the Order;
(d) STB: STB Direct Marketing Ltd, the owner of the Website, a company incorporated and registered in England and Wales with company number 05398122 whose registered office is at 4 Bank Court, Weldon Road, Loughborough, Leicestershire LE11 5RF;
(e) Terms: the terms and conditions set out in this document; and
(f) Website: www.yourecstatichealth.com.
1.2 “Writing” or “written” includes e-mail unless these Terms say otherwise.
2. STB’s contract with you
2.1 These are the terms and conditions on which STB supplies the Program to you.
2.2 Please ensure that you read these Terms carefully and check that the details on the Order are complete and accurate before you sign and submit the Order.
2.3 If you think that there is a mistake, please contact STB to discuss. STB will confirm any changes in writing to avoid any confusion.
2.4 When you sign and submit the Order to STB, this does not mean STB has accepted your order for the Program. Our acceptance of the Order will take place as described in clause 2.5. If STB is unable to supply you with the Program, STB will inform you of this and STB will not process the Order.
2.5 These Terms will become binding on you and STB when STB issues you with written acceptance of the Order, at which point a contract will come into existence between you and STB.
2.6 If any of these Terms conflict with any term of the Order, the Order will take priority.
2.7 The Website, catalogues, brochures and any other marketing material is solely for the promotion of Programs. Any images on the Website or in catalogues or brochures are for illustrative purposes only.
3. Changes to order or terms
3.1 STB may revise these Terms from time to time.
3.2 If STB has to revise these Terms under clause 3.1, STB will give you at least 14 days’ written notice of any changes to these Terms before they take effect. You can choose to cancel the contract in accordance with clause 9.3(c).
3.3 You may make a change to the Order at any time before the start date for the Program by contacting STB. Where this means a change in the total price of the Program, STB will notify you of the amended price in writing. You can choose to cancel the Order in accordance with clause 9 in these circumstances.
3.4 If you wish to cancel an Order before the Program has been completed, please see your right to do so in clause 9.
4. Providing Programs
4.1 We will supply the Program to you from the date set out in the Order until the estimated completion date set out in the Order.
4.2 There may be delays due to an Event Outside STB’s Control. See clause 8 for STB’s responsibilities when an Event Outside STB’s Control happens.
4.3 We will need certain information from you that is necessary for STB to provide the Program. If you do not provide STB with this information, or you provide STB with incomplete or incorrect information, STB may make an additional charge of a reasonable sum to cover any extra work that is required, or STB may suspend the Program by giving you written notice. STB will not be liable for any delay or non-performance where you have not provided this information to STB after STB has asked for it.
4.4 STB may have to suspend the Program if STB has to deal with technical problems. STB will contact you to let you know in advance where this occurs, unless the problem is urgent or an emergency.
4.5 If you do not pay STB for the Program when you are supposed to as set out in clause 6.3, STB may suspend the Program with immediate effect until you have paid STB the outstanding amounts (except where you dispute an invoice under clause 6.5). This does not affect STB’s right to charge you interest under clause 6.4.
4.6 STB own all intellectual property rights in the Program.
5. If there is a problem with the Program
As a consumer, you have legal rights in relation to the Program if it is not carried out with reasonable skill and care. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
6. Price and payment
6.1 The price of the Program will be set out in STB’s price list in force at the time STB confirm your Order. STB’s prices may change at any time but price changes will not affect Orders that STB has confirmed with you.
6.2 If the rate of VAT changes between the date of the Order and the date of delivery or performance, STB will adjust the rate of VAT that you pay, unless you have already paid for the Program in full before the change in the rate of VAT takes effect.
6.3 Unless a different payment program has been agreed, STB will ask you pay the price of the Program in full before it commences. Your rights to a refund on cancellation are set out in clauses 9 and 10.
6.4 If you do not make any payment due to STB by the due date for payment, STB may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of The Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay STB interest together with any overdue amount.
6.5 If you dispute an invoice in good faith and contact STB to let STB know promptly after you have received an invoice that you dispute it, clause 6.4 will not apply for the period of the dispute.
7. Our liability to you
7.1 If STB fails to comply with these Terms, STB is responsible for loss or damage you suffer that is a foreseeable result of its breach of the Terms or its negligence. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and STB at the time the parties entered into the contract.
7.2 STB is only supplying the Program to you for private use. You agree not to use the Program for any commercial, business or re-sale purpose and STB has no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
7.3 STB does not exclude or limit in any way its liability for:
(a) death or personal injury caused by its negligence or the negligence of its employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by the Sale of Goods Act 1979 and by the Supply of Goods and Program Act 1982; or
(d) defective products under the Consumer Protection Act 1987.
8. Events Outside Our Control
8.1 STB will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under these Terms that is caused by an Event Outside STB’s Control.
8.2 An Event Outside STB’s Control means any act or event beyond STB’s reasonable control including, without limitation, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
8.3 If an Event Outside STB’s Control takes place that affects the performance of STB’s obligations under these Terms:
(a) STB will contact you as soon as reasonably possible to notify you; and
(b) STB’s obligations under these Terms will be suspended and the time for performance of SB’s obligations will be extended for the duration of the Event Outside STB’s Control. Where the Event Outside STB’s Control affects STB’s performance of the Program to you, STB will restart the Program as soon as reasonably possible after the Event Outside STB’s Control is over.
8.4 You may cancel the contract if an Event Outside STB’s Control takes place and you no longer wish STB to provide the Program. Please see your cancellation rights under clause 9.
8.5 STB will only cancel the contract if the Event Outside STB’s Control continues for longer than 14 days in accordance with STB’s cancellation rights in clause 10.
9. Your rights to cancel and applicable refund
9.1 Before STB begins to provide the Program, you have the following rights to cancel an Order, including where you choose to cancel because STB is affected by an Event Outside STB’s Control or STB changes these Terms under clause 3.1 to your material disadvantage:
(a) You may cancel any Order for the Program at any time before the start date for the Program by contacting STB. We will confirm your cancellation in writing to you.
(b) If you cancel an Order under clause 9.1(a) and you have made any payment in advance for a Program that has not been provided, STB will refund these amounts to you.
(c) If you cancel an Order for a Program under clause 9.1(a) and STB has already started work on your Program by that time, you will pay STB any costs it has reasonably incurred in starting to fulfil the Order and this charge will be deducted from any refund that is due to you or, if no refund is due to you, invoiced to you. STB will tell you what these costs are when you contact STB. Where you have cancelled an Order because of STB’s failure to comply with these Terms (except where STB has been affected by an Event Outside STB’s Control), you do not have to make any payment to STB.
9.2 Once STB has begun to provide the Program to you, you may cancel the contract for the Program at any time by providing STB with at least 14 days’ notice in writing. Any advance payment you have made for the Program that has not been provided will be refunded to you.
9.3 Once STB has begun to provide the Program to you, you may cancel the contract for -0Program with immediate effect by giving STB written notice if:
(a) STB breaks this contract in any material way and STB does not correct or fix the situation within 14 days of you asking STB to do so in writing;
(b) STB enters into liquidation or a receiver or an administrator is appointed over STB’s assets;
(c) STB changes these Terms under clause 3.1 to your material disadvantage; or
(d) STB is affected by an Event Outside STB’s Control.
10. Our rights to cancel and applicable refund
10.1 If STB has to cancel the Order for the Program before the Program starts due to an Event Outside STB’s Control, STB will promptly contact you if this happens.
10.2 If STB has to cancel an Order under clause 10.1 and you have made any payment in advance for a Program that has not been provided, STB will refund these amounts to you.
10.3 Once STB has begun to provide the Program to you, STB may cancel the contract for the Program at any time by providing you with at least 14 days’ notice in writing. If you have made any payment in advance for Program that has not been provided to you, STB will refund these amounts to you.
10.4 STB may cancel the contract for the Program at any time with immediate effect by giving you written notice if:
(a) you do not pay STB when you are supposed to as set out in clause 6.3. This does not affect STB’s right to charge you interest under clause 6.4; or
(b) you break the contract in any other material way and you do not correct or fix the situation within 14 days of STB asking you to in writing.
11. Information about us and how to contact us
11.1 STB is a company incorporated and registered in England and Wales with company number 05398122 whose registered office is at 4 Bank Court, Weldon Road, Loughborough, Leicestershire LE11 5RF registered in England and Wales.
11.2 If you have any questions, or if you have any complaints, please contact STB by e-mailing [email protected]
11.3 If you wish to contact STB in writing, or if any clause in these Terms requires you to give STB notice in writing (for example, to cancel the contract), you can send this to STB by e-mail, by hand, or by pre-paid post to [email protected] or at 4 Bank Court, Weldon Road, Loughborough, Leicestershire LE11 5RF. STB will confirm receipt of this by contacting you in writing. If STB has to contact you or give you notice in writing, STB will do so by e-mail, by hand, or by pre-paid post to the address you provided in the Order.
12. Other important terms
12.1 STB may transfer its rights and obligations under these Terms to another organisation. STB will always notify you in writing if this happens but this will not affect your rights or STB’s obligations under these Terms.
12.2 This contract is between you and STB. No other person shall have any rights to enforce any of its terms.
12.3 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
12.4 If STB fails to insist that you perform any of your obligations under these Terms, or if STB does not enforce its rights against you, or if STB delays in doing so, that will not mean that STB has waived its rights against you and will not mean that you do not have to comply with those obligations. If STB does waive a default by you, it will only do so in writing and that will not mean that STB will automatically waive any later default by you.
12.5 These Terms are governed by English law. You irrevocably agree to submit to the exclusive jurisdiction of the English courts.