Terms & Conditions
1: Our Contract
2: Safety Notice
3: Price & Payment
4: Delivery
and Title
5: Availability
6: Cancellation
and Returns
7: Liability
8: Limited
Companies – Guarantee
9: Age
Requirements for Specific
Goods
10: Termination
11: Force
Majeure
12: Copyright
and Intellectual Property
13: Third
Parties
14: General
1: Our
Contract
These Terms and Conditions
govern the supply of goods sold
by The Simon Edwards Way Ltd
(No. 05479506 ) of 15 Station
Road, Quainton, Buckinghamshire,
HP22 4BW. ENGLAND ("we" and "us")
to the customer ("you")
these constitute the entire and
only agreement between us in
relation thereto. All orders
placed are subject to acceptance
by delivery of the goods to you
at which point a legally binding
contract is constituted between
us on these Terms and Conditions.
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2:
Safety Notice - Important
Information
Our products are intended to help you positively benefit
from hypnosis. Although hypnosis is known to be a highly
effective and consistent therapy, the content of our recordings
and the information provided on them and this site should
be regarded as being complimentary.
They should not and do not replace medical treatment.
Nothing offered by us is intended to diagnose, cure, or
prevent any medical, emotional or physical condition/illness.
If you are in any doubt over a health or emotional problem
then you should seek advice from a GP or an appropriate
professional.
Do not listen to our recordings when you are involved in
anything that needs your full attention such as driving
or operating machinery.
Only listen to our recordings when you are in a safe environment.
Do not listen to any of our recordings if you suffer from
epilepsy, clinical depression, or any other nervous or
psychiatric condition. If in doubt please consult your
doctor.
If you are under 18, you may only purchase products from
us with the involvement of a parent or guardian.
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3: Price & Payment
3.1 The price payable for the goods you order
is as set out on our web site at the time you place your
order, plus any charges for carriage and insurance as set
out in the order form. We are not obliged to accept your
order for such goods and may decline it or limit the order
quantity.
3.2 On occasion, the prices payable of goods advertised on our
web site may differ from those prices offered and we are under
no obligation to honour any web site price if there is such a
difference. Occasionally an error may occur with our web site
and goods may be incorrectly priced in which circumstances we
will not be obliged to supply the goods at the incorrect price.
3.3 Subject to clause 2.4, we must receive payment for the whole
of the price of the goods you order, and any applicable charges
for carriage and insurance, before your order can be accepted
unless we have agreed otherwise in advance in writing.
3.4 If you are an account customer, payment shall be made in
full at the end of the month following the date of invoice. Time
shall be of the essence for payment. We may revoke credit if
you fail to make payment when due. If payment is not made when
due, interest is payable at the rate of 3 per cent over HSBC’s
then current base rate on the amount outstanding from the due
date for payment until receipt by us of the full amount (including
any accrued interest) whether before or after judgement, together
with any reasonable legal or other recovery costs.
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4: Delivery & Title
Unless you order and collect the goods, we will deliver them
in accordance with your order. A valid signature will be required
on collection or delivery. For reasons of health and safety and
to avoid any property damage, most 'Big Stuff' items can only
be delivered to a ground floor location at the delivery address.
Upon delivery of the goods to you, the goods shall be at your
risk. In spite of delivery having been made, title in the goods
shall not pass to you until you have paid the price for the goods
in full and no other sums whatsoever shall be due to us from
you. Until title in the goods passes from us, you shall hold
the goods on a fiduciary basis as bailee and shall store the
goods at your own cost separately from all other goods in your
possession and marked in such a way that they are clearly identified
as our property.
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5: Availability
While we endeavour to hold sufficient stock to meet all orders,
if we have insufficient stock to supply or deliver the goods
ordered and paid for by you, we may, at our discretion, supply
or deliver a substituted product or refund you the price paid
for such goods as soon as possible and in any case within 30
days or, in the case of an account customer, we may, in our absolute
discretion, as soon as possible raise a credit to offset the
amount invoiced to you.
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6: Cancellation & Returns
6.1 You may cancel your order by giving us notice of cancellation
within 30 days of the date of collection or delivery. Such notice
may be given by mailing, faxing or emailing to the number or
address set out on the order form. If you are cancelling because
of any problem with the goods, please notify us of the problem
at the time of cancellation.
6.2 On cancellation for whatever reason, you must return the
goods to us at your cost unless the goods are being returned
because they are faulty, incorrect goods or because of unsuitable
substitution by us, in which case we will meet the cost of return
but we ask that you allow us to nominate the carrier.
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7: Liability
If you have notified us of a problem with the goods within 30
days of delivery, we will (subject to clause 4) either make good
any shortage or non-delivery; replace or repair any goods that
are damaged or defective upon delivery; or refund to you the
amount paid by you for the goods in question. We will not be
liable to you for any loss of profits, administrative inconvenience,
disappointment, indirect or consequential loss or damage arising
out of any problem in relation to the goods and we shall have
no liability to pay any money to you by way of compensation other
than any refund we make under these conditions. This does not
affect your statutory rights if you are a consumer, nor is it
intended to exclude our liability to you for fraudulent misrepresentation
or for death or personal injury resulting from our negligence.
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8: Limited
Companies - Guarantee
Those signing the Trade Credit Account Application Form on behalf
of limited companies do so as guarantor and irrevocably undertake
to guarantee the payment of all monies owing to us by the relevant
limited company if we believe that the limited company cannot
meet its obligations. If the limited company goes into receivership,
liquidation or administration the guarantor will pay to the receiver,
liquidator or administrator, as the case may be, such sum as
will enable him to pay all monies owed to us by the limited company.
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9: Age
Requirements for Specific Goods
Where the law requires a minimum age limit for the purchase of
specific goods, you confirm that you are over the required age
limit and that delivery will be accepted by a person over the
required age limit. We reserve the right to cancel your order
if we reasonably believe you are not legally entitled to order
certain goods.
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10: Termination
We may suspend further supply or delivery, stop any goods in
transit or terminate our contract by notice in writing to you
if you are in breach of an obligation hereunder or you become
unable to pay your debts when they fall due or proceedings are
commenced by or against you alleging bankruptcy or insolvency.
Upon termination, your indebtedness to us becomes immediately
due and payable and we shall be under no further obligation to
supply goods to you.
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11: Force
Majeure
We shall have no liability to you for any failure or delay in
supply or delivery or for any damage or defect to goods supplied
or delivered hereunder that is caused by any event or circumstance
beyond our reasonable control (including, without limitation,
strikes, lockouts and other industrial disputes).
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12: Copyright
and Intellectual Property
Our products may only be used for your own personal, non commercial
home use.
You may not use any of our products for any commercial purpose.
Unauthorised copying, public performance, broadcasting, hiring
or rental of any of our products or recordings is strictly prohibited.
If you are a professional therapist or practising hypnotherapist
then you may use our recordings as a reference material for your
own professional development. However:
You may not make copies of our recordings or their content.
You may not hire or rent our recordings.
You may not play any of our recordings to your clients.
You may not copy, reproduce, republish, download, post, broadcast,
transmit, and make available to the public or otherwise, any
that is produced by The Simon Edwards Way Ltd content in any
way except for your own personal, non-commercial use.
You also agree not to adapt, alter or create a derivative work
from any uniquehypnosis.com content except for your own personal,
non-commercial use.
Any other use of the site content requires prior written permission
from us.
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13: Third
Parties
We may provide links to other websites. We do not assume any
responsibility or liability for the actions, products, and content
of any of these external websites and any other third parties.
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14: General
If any part of these conditions is invalid, illegal or unenforceable
(including any provision in which we exclude our liability to
you) the validity, legality or enforceability of any other part
of these conditions will not be affected. This contract shall
be governed by and interpreted in accordance with English law.
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