Terms and Conditions of Supply of Yifan Nairn
Coaching Ltd.
1. Introduction
https://atelier5couture.ac-page.com/ (“site”)
is owned and operated by YIFAN NAIRN trading as YIFAN NAIRN COACHING LTD with
our business address at 25 WESTMORELAND ROAD, URMSTON, GREATER MANCHESTER, M41
9HJ.
Please read these
terms and conditions carefully before placing an order. By purchasing 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 services
from 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 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.
If the
revised terms apply to any existing provision of services, we will notify you
of the changes.
3. Privacy policy and Acceptable use policy
Registration and
other information provided by you is subject to our Privacy Policy and shall
only be used in accordance with it. For more information, please go to our
Privacy Policy here.
4. Age restriction
You shall not purchase any services from our Site if you
are below the age of 18 years old because under this age, you do not have legal
capacity to enter into a contract.
5. Acceptance of order
5.1 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 order issued to you by email (Email Confirmation)
or when we contact you to tell you that we are able to provide the services or
products to you. We are not bound by the order unless we accept it in writing.
5.2 If there is any conflict between these Terms and any term
of the order, the order will take priority.
6. Entire Agreement
These
Terms and the Privacy Policy constitute the entire agreement between you and us
and supersedes all previous agreements, promises, assurances, warranties,
representations and understandings between us, whether written or oral,
relating to its subject matter.
7. Representations
7.1 You acknowledge and agree that by entering into this
Contract with us you do not rely on any statement, representation, assurance or
warranty (whether made innocently or negligently) that is not set out in these
Terms or the Privacy Policy.
7.2 You shall not have any claim for innocent or negligent
misrepresentation against us based on any statement in this Contract.
7.3 Except as expressly stated in these Terms, we do not give
any representation, warranties or undertakings in relation to the services. 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.
8. Provision of Services
8.1 We will supply the services to you from the date set out
in the order for the period set out in the order.
8.2 We will make every effort to provide the services on time.
However, there may be delays due to an Event Outside Our Control. See clause 14
below for our responsibilities when an Event Outside Our Control happens.
8.3 We will need certain information from you that is
necessary for us to provide the services, for example, your personal photos for
colour/body shape analysis. We will contact you in writing about this. If you
do not, after being asked by us, provide us with this information, or you
provide us with incomplete or incorrect information, we may suspend the services
by giving you written notice. We will not be liable for any delay or non-performance
where you have not provided this information to us after we have asked. If we
suspend the services under this clause 8.3, you do not have to pay for the services
while they are suspended, but this does not affect your obligation to pay any
invoices we have already sent you.
8.4 [We may have to suspend the services if we have to deal
with technical problems, or to make improvements agreed between you and us in
writing to the services. We will contact you to let you know in advance where
this occurs, unless the problem is urgent or an emergency. You do not have to
pay for the services while they are suspended under this clause 8.4 but this
does not affect your obligation to pay for any invoices we have already sent
you.]
8.5 If you do not pay us for the services when you are
supposed to, we may suspend the services with immediate effect until you have
paid us the outstanding amounts (except where you validly dispute an invoice).
We will contact you to tell you this. This does not affect our right to charge
you interest.
8.6 [If we supply a product to you as part of the services
(such as a report, a CD, a DVD, an e-book or any other form of digital content
or any other type of product whatsoever), we will own the copyright, design
right and all other intellectual property rights in such product and any drafts,
drawings or illustrations we make in connection with the product for you.]
9. If there is a problem with the services
9.1 In the unlikely event that you are not happy with the
services:
a) please contact us and tell us as soon as reasonably
possible;
b) please give us a reasonable opportunity to repair or fix
any defect; and
c) we will use every effort to solve the problem within [7] days.
9.2 As a consumer, you have legal rights in relation to services
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.
9.3 Before we begin to provide the services, you have the
following rights to cancel our services:
a) Subject to clause 9.4 below, you may cancel any order for services
at any time within 14 days of the date of our email confirmation of your order by
emailing [email protected]. We will confirm your cancellation in writing to
you;
b) if you cancel an Order under clause 9.3 (a) and you have made
any payment in advance for services that have not been provided to you, we will
refund these amounts to you;
c) however, if you cancel an order for services and we have
already started providing the services by that time, you will pay us any costs
we have reasonably incurred in providing part of the services, 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. We will tell you what these costs are when you contact us.
However, where you have cancelled an order because of our failure to comply with
these Terms (except where we have been affected by an Event Outside Our
Control), you do not have to make any payment to us.
9.4 If we have completed providing the services, you have no
right to cancel, even if this is within 14 days of our email confirmation of
your order.
10. Termination
10.1 We may terminate
the contract for services at any time with immediate effect by giving you written
notice if:
a) you do not pay us when you are supposed to. This does not
affect our right to charge you interest on late payment; or
b) you break the contract in any other material way and you
do not correct or fix the situation within 14 days of us asking you to in
writing.
10.2 You may
terminate the contract for services at any time with immediate effect by giving
us written notice if we break the contract in any material way and do not
correct or fix the situation within 14 days of you asking us to in writing.
11. Price and payment
11.1 Prices of the services 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 services. If the correct price is less than a price shown on our site,
the lower amount will be charged. If the 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 services or products to you at the
lower price that was incorrect.
11.4
Payment for services is to be made in advance by credit or
debit card [or Paypal] except where agreed otherwise in writing between us. We
accept payment with Visa, MasterCard and
Paypal.
11.5 If you do not make any payment due to us by the due date
for payment, we may charge interest to you on the overdue amount at the rate of
3% a year above the base lending rate of STARLING 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 us
interest together with any overdue amount.
12. Limitation of liability
12.1 We are responsible for loss or damage you suffer that is a
foreseeable result of our negligence or our breach of the Terms, but we are not
responsible for any loss or damage that is not foreseeable. Loss or damage is
foreseeable if it is an obvious consequence of our breach or if it was
contemplated by you and us at the time we entered into this contract.
12.2 Exceptions to Limitation of Liability
Our liability does not exclude or limit
in any way:
(a) fraud or fraudulent misrepresentation;
(b) death or personal injury caused by our negligence or the
negligence of our employees, agents or subcontractors;
13. Circumstances beyond our control
13.1 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.
13.2
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.
13.3 If any Circumstances Beyond Our Control affects the
performance of our obligations under these Terms:
13.4 you will be notified as soon as reasonably possible; and
13.5 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.
13.6 If Circumstances Beyond Our Control occur and continue for
more than [30] days and you do not wish us to provide the services, you may
cancel the contract. We may cancel the contract if the Circumstances Beyond Our
Control continues for more than [30] days.
14. Notice
14.1 Any notice to us should be in writing and sent to us by
e-mail, by hand, or by pre-paid post to Yifan
Nairn Coaching Ltd. at [email protected]
14.2 Any notice to you will be in writing by e-mail, by hand,
or by pre-paid post to the address you provided us with on the order.
15. miscellaneous
15.1 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.
15.2 You cannot transfer your rights and obligations under
these Terms to any another person without our written approval.
15.3 This contract is only between you and us. No other third
person shall have any rights to enforce any terms.
15.4
Each paragraph of these Terms are separate and distinct
form other. If any court or relevant authority determines any clauses of these
Terms is unlawful, then such determination will not affect other clauses and
all other remaining clauses will remain in effect and full force.
15.5 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.
15.6
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.
16.
contact us
16.1
For any questions or queries you can contact us at +44 7758163185or e-mail us at [email protected]
APPENDIX
FORM OF CANCELLATION
(Complete
and return this form only if you wish to withdraw from the contract)
To
[TRADER'S NAME, ADDRESS, TELEPHONE NUMBER AND, WHERE AVAILABLE, FAX NUMBER AND
E-MAIL ADDRESS TO BE INSERTED BY THE TRADER]:
I/We
[*] hereby give notice that I/We [*] cancel my/our [*] contract for
the supply of the following service [*],
Ordered
on [*]/received on [*],
Name
of consumer(s),
Address
of consumer(s),
Signature
of consumer(s) (only if this form is notified on paper),
Date
[*]
Delete as appropriate
