Terms and Conditions
This page (together with the documents referred to on it) tells you the terms and conditions on which Maureen supplies any of the products (Products) and courses, coaching programmes, workshops, talks and seminars (collectively, Events) listed on this website (Maureen’s site) to you, whether she concludes the contract for such supply either electronically, by mail or by telephone. Please read these terms of supply carefully before ordering any Products or Events from Maureen. You should understand that by ordering any of her Products or Events, you agree to be bound by these terms of supply.
Please understand that if you refuse to accept these terms of supply, you will not be able to order any Products or Events from her.
1. Information about Maureen
This site is operated by Maureen Sharphouse. Maureen Sharphouse is the trading name of Maureen Sharphouse of 34 Linden Park Road, Milnathort, Kinross, Kinross-shire KY13 9XX
2. Your status
By placing an order with Maureen, you warrant that:
a. you are legally capable of entering into binding contracts; and
b. you are at least 18 years old.
3. How the contract is formed between you and Maureen
a. Your order constitutes an offer to Maureen to buy a Product, Coaching Programme or a place on an Event. All orders are subject to acceptance by Maureen and, if Maureen accepts your order, she will confirm such acceptance to you by sending you an e-mail (Order Confirmation). The contract between Maureen (Contract) will only be formed when she sends you the Order Confirmation (including where you place your order by telephone).
b. The Contract will relate only to those Products, Programmes and/or Events in respect of which she has sent you an Order Confirmation. Maureen will not be obliged to supply any other Products, Programmes or Events which may have been part of your order unless and until she sends you an Order Confirmation in respect of them.
4. Consumer rights and cancellation
- If you are contracting as a consumer, you may cancel:
a. a Contract in relation to Products at any time prior to the end of the period of seven working days beginning on the day after you received the Products.
b. a Contract in relation to Events at any time within seven working days, beginning on the day after we send you the Order Confirmation.
However, if the Event is to take place prior to the end of that period, then your right to cancel will expire on the start date of the Event.
c. a Contract which is for both Products and Events at any time prior to the earliest to occur of:
i. the date which is seven working days after the day on which you receive the first Product; and
ii. the date on which the first Event takes place.
In each case, you will receive a full refund of the price paid for the Products or Events in accordance with Maureen’s refunds policy (set out in clause 8 below).
- To cancel a Contract under clause 4.1, you must inform Maureen in writing. In the case of a Contract for Products, you must also return the Products to Maureen as soon as reasonably practicable, and at your own cost. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, Maureen may have a right of action against you for compensation.
- You will not have any right under clause 4.1 to cancel a Contract which includes the supply of any of the following Products:
a. Products made to your specifications or clearly personalised or which by reason of their nature cannot be returned;
b. audio or video recordings or computer software if they are unsealed after delivery to you;
c. periodicals or magazines; or
d. content which you have downloaded from Maureen’s site or any other site operated by her.
- In addition to your right under clause 4.1(b), you may cancel a Contract for an Event which has not yet started. To do so you must inform Maureen in writing at least 2 weeks prior to the start date of the Event, in which case you will receive a full refund. Unless Maureen agrees otherwise, you will not be entitled to cancel a Contract under this clause 4.4:
a. after she has provided you with any downloadable content in relation to the Event; or
b. if you have unsealed any other Products which she has provided to you in relation to the Event.
- For bookings on Events where Maureen does not require you to pay in full for the Event in advance she may require you to pay a deposit in order to secure your place on the Event. In such cases:
a. if you attend the Event, then your deposit will be refunded to you at the Event;
b. if you fail to attend the Event without informing Maureen in writing at least 2 weeks prior to the date of the Event, then your deposit will be forfeited by you and will not be returned to you.
- This clause 4 does not affect your statutory rights.
5. Fulfilment of Contracts
- An order for Products will be fulfilled by the delivery date set out in the Order Confirmation or, if no delivery date is specified, then within 30 days of the date of the Order Confirmation, unless there are exceptional circumstances.
- Events shall take place on the day and at the time and location advertised by Maureen or on such other day, at such other time and/or at such other location as she may notify you prior to the advertised date.
6. Risk and title in Products
- The Products will be at your risk from the time of delivery.
- Ownership of the Products will only pass to you when Maureen receives full payment of all sums due in respect of the Products, including delivery charges.
7. Price and payment
- The price of the Events, Coaching Programmes, Products and delivery charges will be as quoted on Maureen’s site from time to time, except in cases of obvious error.
- Event prices, Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which Maureen has already sent you an Order Confirmation.
- It is always possible that, despite Maureen’s best efforts, some of the Products and/or Events listed on her site may be incorrectly priced. Maureen will normally verify prices as part of her Order Confirmation procedures. If the correct price of a Product or Event is higher than the price stated on her site ,Maureen will normally, at her discretion, either contact you for instructions or reject your order and notify you of such rejection.
- Maureen is under no obligation to provide any Product or Event to you at the incorrect (lower) price, even after she has sent you an Order Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an error.
- If Maureen agrees with you that you may pay for an Event in instalments, then each instalment must be paid by its due date (as notified by Maureen to you).
- If you fail to make any payment due to Maureen by the due date for payment then, without limiting our other remedies, Maureen may:
a. charge you interest on the overdue amount at the rate of 4% per annum above HSBC Plc’s base rate from time to time. Such 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 shall pay the interest immediately on demand;
b. charge any reasonable debt collection costs incurred in pursuing the debt, such costs to be payable by you on demand;
c. refuse you entry to any Event (whether or not your booking on any such Event was a free place for which you did not pay a specific fee);
d. refuse to provide you with any Event materials; and/or
e. refuse to provide you with any Products or Coaching Programmes that you have ordered from us, whether or not you have paid for them.
8. Maureen’s refunds policy
- If you return a Product to Maureen:
a. because you have cancelled the Contract in accordance with clause 4 above, Maureen will process the refund due to you as soon as possible and, in any case, within 30 days of the day you gave notice of cancellation. In this case, Maureen will refund the price of the Product in full, and any applicable delivery charges. However, you will be responsible for the cost of returning the item to her.
b. for any other reason (for instance, because you consider that the Product is defective), Maureen will examine the returned Product and will notify you of whether she agrees that you are entitled to a refund within a reasonable period of time. Maureen will usually process any refund due to you as soon as possible and, in any case, within 30 days of the day she confirmed to you via e-mail that you were entitled to a refund. |Maureen will refund the price of a defective Product in full, any applicable delivery charges and any reasonable costs you incur in returning the item to her.
- If you cancel a Contract for an Event in accordance with clause 4 above, Maureen will process the refund due to you as soon as possible and, in any case, within 30 days of the day you gave notice of cancellation. In this case, Maureen will refund the price of the Event in full.
- If we cancel or postpone any Event (or part of an Event) for any reason (including, but not limited to, a Force Majeure Event, as defined below) then:
a. if you paid Maureen a fee specifically for the Event then you will be entitled to a refund of such fee (or, as the case may be, a pro-rated refund in respect of the cancelled or postponed part of such Event); or b. if your place on the Event was a free bonus place awarded to you, or if you otherwise were not charged a fee specifically for the Event, then you will be entitled to a place on any replacement Event (or part Event) provided by Maureen as a result of the cancellation or postponement of the original Event (or part Event), and Maureen shall not in any event have any other liability to you in respect of the cancellation or postponement of the Event. In particular, but without limitation to the generality of the foregoing and without prejudice to clause 13, Maureen will l have no obligation to reimburse you for any travel, accommodation, subsistence of other costs or liabilities incurred by you in relation to your planned attendance on the Event.
- Maureen will usually refund any money received from you using the same method originally used by you to pay for your purchase.
- You must comply with all health and safety rules and regulations and any other reasonable security requirements that apply at the premises at which Events are provided.
- Personal possessions are the sole responsibility of the customer. Maureen accepts no responsibility or liability for anything that is lost, stolen or stolen from venues at which Events take place.
- Maureen may from time to time arrange for attendees on Events to be offered special or discounted rates or benefits from hotels or other third party service providers. Maureen does not guarantee that any such rates or benefits shall be made or shall remain available to you. Accommodation, travel, subsistence and other such arrangements are entirely your responsibility, and will be subject to the terms of business of the applicable external service provider. Maureen shall have no liability in respect of any default by any such provider.
- Maureen reserves the right to exclude you from participating in any Event (or part thereof) if she, in her sole discretion, considers that your participation has been is or would be detrimental to the experience of any other attendee or detrimental to her business. In the event that Maureen exercises this right, she may in her reasonable discretion offer you a refund or part-refund in respect of the relevant Event.
10. Intellectual Property
- All intellectual property rights (including but not limited to copyright) in all Products, Events and Event materials at all times belong to and shall remain vested in us and neither you nor any other person shall obtain any intellectual property rights or any other interest, right or title whatsoever in or to any Product or any Event materials or any part thereof save as otherwise expressly granted under these terms of supply.
- If you purchase an Event for which we provide you Event materials, we here by grant you a non-transferable, non-exclusive license to use those materials strictly for the purpose of participating in the relevant Event and for your own educational, non-commercial purposes.
- You shall ensure that such course materials are only made available to and accessed by you in accordance with clause 10.2 and you must not make available, copy, reproduce, disseminate, retransmit, sub-license, distribute, sell, publish, broadcast or otherwise supply in any medium and in any manner any such materials (or any part of them) to any third party.
- Maureen warrants to you that:
a. any Product purchased from her will, on delivery, conform in all material respects with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied; and
b. she will perform her obligations under the Contract with reasonable care and skill.
- Notwithstanding clause 11.1, Maureen does not warrant that any Event will be complete or error-free.
- All other conditions, warranties or other terms which might have effect between you and us or be implied or incorporated, whether by statute, common law or otherwise, are hereby excluded to the fullest extent allowed by applicable law.
12. Data Protection
- In relation to any personal data provided to Maureen by you or on your behalf, you agree that Maureen may use such personal data to perform her obligations and enforce her rights under any Contract.
13. Maureen’s liability
- Nothing in these terms of supply excludes or limits Maureen’s liability for:
a. death or personal injury caused by her negligence;
b. fraud or fraudulent misrepresentation; or
c. any other matter for which it would be unlawful for Maureen to exclude or attempt to exclude her liability.
- Maureen’s maximum aggregate liability in respect of any claim arising out of any Contract, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall not exceed the total sum paid for the particular Product, Coaching Programme and/or Event giving rise to the claim.
- Maureen will not be liable in contract, tort (including negligence), and breach of statutory duty or otherwise for losses that fall into any of the following categories:
a. loss of income or revenue;
b. loss of business;
c. loss of profits;
d. loss of anticipated savings;
e. loss of data;
f. loss of goodwill;
g. loss of contract;
h. waste of management or office time; or
i. any special, indirect, consequential or pure economic loss which arises out of or in connection with these terms of supply even if Maureen had been advised of the possibility of such loss.
- Maureen shall have no liability for any failure or delay in the performance of any of her obligations where any such failure or delay is due to any act or omission by you or any third party.
- You assume sole responsibility for the selection, suitability and use of any Products or Events.
14. Import duty
- If you order Products from Maureen they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination, you will be responsible for payment of any such import duties and taxes. Please note that Maureen has no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
- Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. Maureen will not be liable for any breach by you of any such laws.
15. Written communications
Applicable laws require that some of the information or communications Maureen sends to you should be in writing. You accept that communication with us may be mainly electronic. Maureen will contact you by e-mail or provide you with information by posting notices on her site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to Maureen must be given to Maureen at firstname.lastname@example.org.
Maureen may give notice to you at either the e-mail or postal address you provide to her when placing an order, or in any of the ways specified in clause 15 above. Notice will be deemed received by you and properly served on you immediately when posted on her site, 24 hours after an e-mail is sent to you, or three days after the date of posting of any letter to you. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified email address of the addressee.
17. Transfer of rights and obligations
- The contract between you and Maureen Sharphouse is binding on you and Maureen and on our respective successors and assignees.
- You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without Maureen’s prior written consent. In particular, you may not transfer to anyone else your place on a Coaching Programme or at an Event.
- Maureen may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time.
18. Events outside our control
- Maureen will not be liable or responsible for any failure to perform, or delay in performance of, any of her obligations under a Contract that is caused by events outside her reasonable control (Force Majeure Event).
- A Force Majeure Event includes any act, event, non-happening, omission or accident beyond her reasonable control and includes in particular (without limitation)
a. strikes, lock-outs or other industrial action;
b. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
c. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
d. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
e. impossibility of the use of public or private telecommunications networks; and
f. the acts, decrees, legislation, regulations or restrictions of any government.
- Maureen’s performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and she will have an extension of time for performance for the duration of that period.
- If Maureen fails, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms of supply, or if she fails to exercise any of the rights or remedies to which she is entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
- A waiver by Maureen of any default will not constitute a waiver of any subsequent default.
- No waiver by Maureen of any of these terms of supply will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 16 above.
If any of these terms of supply or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
21. Entire agreement
- These terms of supply and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
- We each acknowledge that, in entering into a Contract, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not expressly set out in these terms of supply.
- Each of us agrees that our only liability in respect of those representations and warranties that are expressly set out in these terms of supply (whether made innocently or negligently) will be for breach of contract.
- Nothing in this clause limits or excludes any liability for fraud.
22. Our right to vary these terms of supply
- Maureen Sharphouse has the right to revise and amend these terms of supply from time to time.
- You will be subject to the policies and terms supply in force at the time that you order Products, Coaching Programmes, Services or Events from Maureen.
23. Your Security
Maureen Sharphouse takes the security of her users and their information very seriously. This is one of the reasons why she chooses to use credit card processing facilities provided by Paypal Ltd.
Credit Card payments through systems such as Paypal are inherently more secure than other methods of making credit card purchases, such as telephone orders or giving a card to a waiter in a restaurant.
Maureen has taken great care to ensure that the security of her users is assured so that you can purchase with confidence.
24. Law and jurisdiction
Contracts and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by Scottish law. Any such dispute or claim will be subject to the non-exclusive jurisdiction of the courts of Scotland.