FENG SHUI THAT WORKS TERMS AND CONDITIONS
Please read these terms and conditions carefully, as they affect your rights and liabilities under the law and set out the terms under which Feng Shui That Works makes our Products and Services available to you. Your use and continued use of this website is subject to these Terms and Conditions. By entering, using and purchasing products and services via this website, you agree to be bound by these Terms and Conditions.
Definitions and terms
In addition to the above, the following definitions shall apply to these Terms and Conditions:
“Business days” means all days other than Saturdays, Sundays and public holidays in England
“Downloads” means audio and visual files that can be downloaded to your computer through the website
“Non-Download Products” means goods other than Downloads available for purchase through this website
“Order” means an order for Products or Services made via the website
“Products” means Downloads and Non-Download Products that may be purchased through the website
“Service” means the information, services and Products provided by us through our website
“Client” means the recipient of the consultation services listed on the confirmation Email.
“Agreement” means the contract that exists between the client and Feng Shui That Works for the agreed consultation services and for the agreed fee.
“Fee” means the amount payable by the client to Feng Shui That Works for the consultation services provided.
“Balance Due Date” means the date on which all monies owed on this consultation booking must be paid.
“Deposit” means the sum specified and paid in advance in order for Feng Shui That Works to carry out preliminary work, as well as to secure a mutually agreed date and time to visit.
1 Conditions relating to the use of this website and disclaimers
1.1Unless otherwise stated, we own the intellectual property rights in the website and material on the website and all these intellectual property rights are reserved. You must not republish material from this website (including republication on another website), or reproduce or store material from this website in any public or private electronic retrieval system. You must not reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit our website or material on our website for a commercial or non-commercial purpose, without our express written consent. You must not edit or otherwise modify any material on the website. Unauthorised use may subject you to civil or criminal penalties, including possible monetary damages for copyright infringement.
1.2 Unless otherwise stated, we own the intellectual property rights of all downloads and CD Rom’s and all intellectual property rights of this material are reserved. You must not republish material contained within the downloads and CD Rom’s unless by printing the material for your own personal use. You must not edit or otherwise modify, reproduce, duplicate, copy, sell, resell, or otherwise exploit our material for a commercial or non-commercial purpose, without our express written consent. Unauthorised use may subject you to civil or criminal penalties, including possible monetary damages for copyright infringement.
1.3 Your use or inability to use this website, Services and Products are at your own risk. It is your responsibility to ensure that your software, equipment and other devices or systems will correctly function with our website, Service and Products.
2 Purchase of products or Services from this website – the contract between you and us
2.1 You can place an Order from us by selecting the Products and Services advertised for sale on this website and adding them to your shopping cart. You confirm your Order by clicking on the “Payment” button. This process constitutes an offer by you to purchase the Products or Services in the Order.
2.2 Once we have been informed that your payment has been authorised, we will check to see that we are able to meet your Order. We will then send confirmation of your Order (a “confirmatory email”) which will constitute acceptance by us of your Order or Service and at that point, a contract between you and us will have been formed.
2.3 The contract between us will still be valid if we have sent the confirmatory email but you have not received it. Until we send the confirmatory email to you, we reserve the right to reject any offer by you to purchase any Products or Services at any time. We advise you to keep a record of your Order and these Terms and Conditions.
3.1 The prices for the Products are set out on this website.
3.2 The prices of consultation services are available by contacting Feng Shui That Works from our Contact page.
4Delivery and Downloads
4.1 If you purchase Non-Download Product, we shall send them within the United Kingdom by Royal Mail first class mail and outside the United Kingdom by regular Air Mail to the address you gave us for delivery at the time you made your Order. Your Order will be sent as soon as possible after your Order has been accepted and in any event within 30 days of your Order being accepted by us. Once Non-Download Products have been delivered to you, they will be held at your own risk and we will not be liable for their loss or destruction.
4.2 If you purchase a Download, it will be available to be downloaded to your computer as soon a possible after we have accepted your Order, normally within 24 hours. At that time, you will be entitled to download the material purely for your personal, non-commercial use in accordance with the terms of this agreement. You are responsible for ensuring that your equipment and software are compatible for downloading and playing the Downloads. We will not be liable to you in any way if your equipment and software is not compatible for downloading or playing the Download. Once you have paid for a Download, we make the Download available to you through the Service. You are not able to cancel any purchase of Downloads after you have confirmed payment. Downloads may not be returned for any reason.
4.3 Although we may use the terms “sell”, “purchase”, “order,” or “buy” on the website or in these Terms and Conditions, no right, title or interest in any material is transferred or granted to you as a result of your purchasing, downloading, copying or otherwise. Feng Shui That Works own all rights of the material. We grant you a limited, non-transferable, non-exclusive, revocable, non-sub-licensable right to use the Products only for your personal use in accordance with the terms of this Agreement. For the avoidance of any doubt, you do not have the right to make copies of any material for your family, friends or colleagues.
5 Cancellations and Refunds – CD Rom’s and Downloads
5.1 We reserve the right to cancel the contract between you and us if one or more of the Products or Services in your Order was listed at an incorrect price due to a typographical error or if there is an error in the description of the Product.
5.2 If we do cancel your Order we will notify you by e-mail and will re-credit your account any sum deducted by us from your credit or debit card as soon as possible but in any event within 30 days of your Order. We will not be obliged to offer additional compensation for any disappointment suffered.
5.3 If you purchase a Non-Download Product, you have the right to cancel the contract between you and us provided you contact us using the Contact page on this website within seven business days of the receipt by you of the Non-Download Product. We will provide you with the address to which the Non-Download Product must be returned. You must arrange and pay for the cost of returning the Non-Download Product. You must return the Non-Download Product to us in the original condition. Within 30 days of the receipt by us of the Non-Download Product, we will reimburse the purchase price of the Non-Download Product to the debit or credit card you used to pay for the Product.
5.4 By purchasing a Download, you are agreeing to have read, understood and have accepted these terms and conditions. Under no circumstances may you exercise the right to terminate or withdraw from the agreement when purchasing a download or other IT product supplied digitally which could be rapidly downloaded or reproduced.
6 Restrictions on your use of Downloads
6.1 You may not, nor allow any other person to, copy, reproduce, lend, hire, perform in public, broadcast or distribute in any other manner any of the purchased material. If do you, this will constitute a copyright infringement by you.
6.2 You agree that the information that is used to secure the Downloads is stored together with other information concerning your purchase that may be used in order to trace any infringement of the Usage Rights. You agree that this information may be disclosed to third parties if such disclosure appears necessary for the purpose of tracing copyright infringements.
7 Feng Shui Consultation Services – Personal Visits
7.1 The client must pay a deposit to confirm the booking. Until receipt of the deposit all bookings are provisional and failure to pay the deposit will result in the booking being released.
7.2 Upon receipt of such payment, you will receive a confirmation via Email. The confirmation Email will set out the date and time of the consultation and the balance due date by which date the fee specified must be paid to us. The balance is due immediately the consultation service is completed.
7.3 The contract shall be between the client and Feng Shui That Works for the services set out in the confirmation Email, for the fee detailed therein and will be effective from the date of confirmation of booking.
8 Feng Shui Consultation Services – Online
8.1 Online consultations are paid in full prior to the consultation service starting.
8.2 Once the client has agreed to an online consultation and paid the required fee, you will receive a confirmation via email. This process constitutes an offer by you to purchase the Service in the Order.
8.3 The contract shall be between the client and Feng Shui That Works for the services set out in the confirmation Email, for the fee detailed therein and will be effective from the date of confirmation of booking.
9 Feng Shui Consultation Services – Cancellations and Refunds
9.1 Feng Shui Consultation Services may be cancelled as soon as reasonably practicable but not less than 72 hours of any consultation service appointments.
9.2 Feng Shui That Works will carry out consultancy work prior to visiting you and the deposit covers the cost of this work. Therefore, failure to provide the requisite 3 days notice will result in the loss of your deposit.
9.3 Online consultations cannot be cancelled once we have begun work on the service and you will be notified via Email when this will happen.
10 Consultancy Recommendations
10.1 It is recommended that the client makes themselves familiar with the services to be provided by visiting the relevant consultation page of the website.
10.2 It is recommended that the client provide contact details that will allow us to contact you at any reasonable time and one that the client would have regular access to check for messages.
11.1 Our total liability to you under these Terms and Conditions will be limited to the purchase price of the Product or Service at the time we accepted your Order.
11.2 Notwithstanding the foregoing, nothing in these Terms and Conditions is intended to limit any rights you have as a consumer under applicable local law or other statutory rights that may not be excluded.
12.1 All information provided by you shall be treated with the requisite confidentiality and will only be available to Feng Shui That Works. Your personal details will not be made available to any other company.
13.1 All notices from you to us should in the first instance be made via our Contact Us page.
This website is owned and operated by Alan Stirling trading as ‘Feng Shui That Works’. Our registered office is 16 Ash Road, Rochester, Kent, ME2 2JL, UK.