Terms & Conditions
LAST UPDATED: 6th JULY, 2020
1. NAME OF SUPPLIER
Simon Benn Limited (Registered Number 07666443), The Coach House, Church Street, Hunsingore, North Yorkshire LS22 5JD (we or us in these terms and conditions) shall be supplying the services and digital content to you.
2. WHAT IS TO BE PROVIDED TO YOU BY US
We and you have agreed that we will supply to you the materials and training as described on the pages on www.bully-proof.com.
3. PRICE (AND VAT)
The price for the items are as stated on your order page.
4. WHEN PAYMENT IS TO BE MADE
You will need to make payment at the time you place your order. Please note that we will not be able to deliver the items and/or perform the services until we have received payment.
Delivery of the items will be by the means stated on the order page.
6. WHEN DELIVERY IS TO BE MADE
Our aim is to deliver the goods and/or perform the services within 30 days of acceptance of your order. It will not always be possible to do this, and we and you agree that we cannot guarantee we will deliver the goods and/or perform the services within 30 days.
7. TRAVEL TIME
We train over the phone, FaceTime or similar. If we do work face to face we do not normally charge for travelling, but if we have to travel much beyond ten miles of postcode LS22 5JD, then we may make an additional charge of £0.45 per mile. If we need to do this, we shall make it clear before the Contract is concluded.
8. CANCELLATION RIGHTS
8.1. You can cancel this contract within 14 days of conclusion of the contract by you and us. The 14-day period starts on the day after the contract is concluded. Please note that you cannot cancel the contract completely once we have started to perform the service, or where you have agreed to us starting to perform the services before the end of the 14 days. In such circumstances you will need to pay for the services we have provided to you until the point you cancel the contract.
8.2. To cancel the contract, you can simply contact us via email, letter or by telephone or by calling in at our office. Our contact details for where to send the letter are in clause 9 below.
8.3. Once you have expressly cancelled the contract we will refund the amount you paid to us within 14 days. We will return the amount by the same method of payment that you used to pay for the services.
8.4. Once you have expressly asked us to commence performing the services before the end of the cancellation period of 14 days and you have cancelled the contract during that period, we will refund the amount you paid to us within 14 days (starting with the day after you cancelled the contract). We will return the amount by the same method of payment that you used to pay for the services, except we will deduct from the amount you paid the value of any the services performed up to the date you cancelled.
8.5. Please note, that we retain the right to cancel after a short period if we decide that we cannot continue with the Class and/or Course because we have determined that your child may have one or more psychological conditions for which our Services are not suitable, or you child may need to obtain help or treatment from a medical practitioner (which we cannot provide). If this is the case, we will suggest what you need to do next.
9. CONTACT DETAILS
9.2. Complaints or comment: If you have any complaints about the goods or services or any aspect of the way we have dealt with your order please contact Simon Benn, Director, either by writing to the address given in clause 9.1, by email to email@example.com or by telephone 01423 359379.
9.3. Cancellation or returns: If you wish to cancel the contract, letters or other communications should normally be addressed to Simon Benn, Director, either by writing to the address given in clause 9.1, by email to firstname.lastname@example.org or by telephone 01423 359379.
10. ACCEPTANCE OF ORDERS
Your order through our website will only be accepted by us when we send to you an email confirming that we have accepted your order. Until you receive that email there will not be a binding contract between you and us. Any information on our web site, or your filling in details or clicking any button or icon indicating you are making an order does not, and is not intended to, constitute a binding contract between you and us. Only on our sending the confirming email will we be entering into a binding contract with you.
11. LIMITATION OF LIABILITY
11.1. We aim to carry out the services with reasonable care and skill. If any part of the services is performed negligently or in breach of the provisions of this agreement then, on your request, we will re-perform the relevant part of the services. We will not be liable to re- perform any part of the services which we have performed negligently or in breach of this contract unless you notify us in writing to our contact address.
11.2. Except in the case of death or personal injury caused by our negligence, our liability under or in connection with this contract whether arising in contract, tort, negligence, breach of statutory duty or otherwise howsoever shall not exceed any amount payable under our professional indemnity insurance.
11.3. Except to the extent permitted by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any negligence or breach of the contract on our part and we shall have no liability to pay any money to you by way of compensation other than to refund to you the price you have paid to us.
11.4. Nothing in this Contract excludes liability for our fraud.
We shall treat all personal information supplied by you as confidential. We shall not disclose such information to any third party without your prior permission, except where required by law or where action might be necessary to protect you or someone else. We shall treat all personal data in accordance with the requirements of the Data Protection Act 2018.
13. FORCE MAJEURE
We shall be entitled to suspend the provision of Services if an Event of Force Majeure shall prevent us from starting and/or completing either a class or a course. “Event of Force Majeure” means an act of God including but not limited to fire, flood, earthquake, windstorm or other natural disaster; act of any sovereign including but not limited to war, invasion, act of foreign enemies, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, nationalisation, requisition, destruction or damage to property by or under the order of any government or public or local authority or imposition of government sanction embargo or similar action; law, judgment, order, decree, embargo, blockade, labour dispute including but not limited to strike, lockout or boycott; interruption or failure of utility service including but not limited to electric power, gas, water or telephone service; any other matter or cause beyond the control of the Company
14. AMENDMENTS TO THE CONTRACT TERMS & CONDITIONS
We will have the right to amend the terms and conditions of this contract where:
14.1. We need to do so in order to comply with changes in the law or for regulatory reasons; or
14.2. We are changing the rates we charge for the provision of Services as provided for in clause 7; or
14.3. We need to correct any errors or omissions (and this right includes the right to change any of the documentation which forms part of the contract), as long such correction is minor and does not materially affect the contract.
14.4. Where we are making any amendment, we will give you 14 days’ prior notice (unless the contract is terminated before that period).
15. THESE TERMS & CONDITIONS ARE BINDING
Our intention is that these terms and conditions will set out the agreement between you and us. The agreement is a contract and is binding on both you and us. Before you enter into a contract with us, please read all of these terms and conditions carefully.
16. LAW & JURISDICTION
The terms and conditions are governed by English law and you and we will submit to the non-exclusive jurisdiction of the English courts.
17. THIRD PARTIES
This contract does not allow any person, other than you and us, to enforce any terms and conditions (for the purposes of the Contracts (Rights of Third Parties) Act 1999).