Terms & Conditions
Please read all these terms and conditions.
As I cannot accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything please email me at hello@joanne-hurley.com.
A) Application
1. These terms and conditions will apply to the purchase of services, products and goods by you. I am Joanne Hurley trading as Hurley Nutrition & Wellbeing Ltd of 29 Garton Place, London, SW18 2SD with email address hello@joanne-hurley.com and telephone number +447540842747.
2. These are the terms on which I sell all services to you. By placing an order or submitting a booking you are agreeing to these Terms and Conditions. You can only purchase the Services and Goods from the Website if you are eligible to enter into a contract and are at least 18 years old. If you are under 18 and wish to enter into Services with Me a parent or guardian will be required to sign on your behalf.
B) Interpretation
1. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft, or profession.
2. Contract means a legally binding agreement between You and Me for the supply of the Services and Goods.
3. Location means the location at which services will be carried out which will be predominantly online via Zoom, with home visits in London available at the individual’s request.
4. Durable Medium means paper, email or message, or any other medium that allows information to be addressed personally to the recipient enables the recipient to store the information in a way accessible for future reference for a period required by professional bodies and allows the unchanged reproduction of the information stored.
5. Goods mean any goods that I supply in relation to any products or services, to the number and description as set out in the order.
6. Order means the Customer’s order for the Services from the Supplier as submitted following the order process.
7. Privacy Policy means the terms which set out how I will deal with confidential and personal information received from you.
8. Services means the services advertised on the website, including any Goods or Products.
9. Website means my website [www.joanne-hurley.com] on which said Services are advertised.
C) Services
1. The description of the Services and any Goods is as set out in the Website, catalogues, brochures or downloadable PDFs. Any description is for illustrative purposes only and there may be small discrepancies.
2. In the case of Services and Goods which appear on the Website are subject to availability.
3. I reserve the right to make any changes to any Services or Goods.
D) Customer Responsibilities
1. You must cooperate with Me in all matters relating to any Services, and provide Me with all information required in order to perform said Services.
2. Failure to comply with the above is a Customer default which entitles Me to suspend performance of the Services, I can terminate the contract with immediate effect on written notice to you.
E) Personal Information
1. I retain and use all information strictly under the Privacy Policy.
2. I may contact you by using email, or other electronic communication methods and by post, you expressly agree to this.
F) Basis of Sale
1. The description of the services and any Goods on our website does not constitute a contractual offer to sell Services or Goods. When an Order has been submitted on the Website I can reject it for any reason.
2. The order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
3. A Contract will be formed for the Services ordered only when you receive an email from me confirming the Order. You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. I am not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to me giving you confirmation of the Contract by means of an email with all information in it. You will receive Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of Goods supplied under the Contract, and before any performance of Services.
4. Any quotation or estimate of Fees is valid for a maximum period of 7 days from its date, unless it is expressly withdrawn at an earlier time, or it is part of a time or number limited offer.
5. No variation of the Contract can be made, whether about description of Services, Fees or otherwise, after it has been entered into unless the variation is agreed by the Customer and Supplier in writing.
6. I intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case you must tell me so that I can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, eg. by giving you rights as a business.
G) Fees and Payment
1. The Fees for the Services, the price of any Goods, if not included in the Fees, and any additional delivery or other charges will be set out on the Website at the date I accept the Order or such other price as we may agree in writing. Prices for services may be calculated on a fixed price or on a standard daily rate basis.
2. Fees and charges include VAT at the rate applicable at the time of the Order unless expressly stated otherwise.
3. You must pay by bank transfer or by submitting your credit or debit card details with your Order and I can take payment immediately or otherwise before delivery for the Services and ongoing in the case of payment plans.
H) Delivery
1. I will deliver the Services, including any Goods, to the Delivery Location by the time or within the agreed period, or failing any agreement within a reasonable time.
2. In any case if I am unable to deliver the Services, you can require me to reduce the Fees by an appropriate amount. The amount of the reduction can be up to the full amount where no Services have been delivered.
3. If you or your nominee fail, through no fault of mine, to take delivery of any Goods or Services at the delivery location, we may charge a reasonable cost for storing and redelivery the items.
4. Any Goods delivered are your responsibility from the time of completion of delivery. You should where possible check any Goods prior to accepting delivery.
5. Risk of damage to, or loss of, any Goods will pass to you as soon as Goods are delivered.
6. You do not own any Goods until payment is received in full.
7. I retain the right to cancel any contract until payment is made in full.
I) Withdrawal and Cancellation
1. You can withdraw any Order by telling me in writing before the Contract is made, even if you simply change your mind, without incurring any liability.
2. This is a distance contract (as defined below) which has the Cancellation Rights set out below. These Cancellation Rights do not apply, to a contract for the following Goods and Services in the following circumstances:
a. goods that are made to your specifications or personalised
b. goods which are liable to deteriorate or expire.
Right to cancel
1. Subject as stated in these Terms & Conditions, you can cancel this contract within 14 days without giving any reason.
2. The cancellation period will expire after 14 days from and including the day the Order for Services was made and Contract was entered into. For Goods, the cancellation period ends 14 days from and including the day of delivery.
3. To exercise the right to cancel you must inform me of your decision in writing via post or email, we must receive this notice within 14 days.
Commencement of Services within the cancellation period
1. Where Services have been supplied during the first 14 days of the Order and subsequent Contract any cancellation will be for remaining Services under the Contract only.
2. No refunds will be given for Services already completed, including the attached work outside of an appointment.
Effects of cancellation within the cancellation period
1. Except as already set out a full refund, minus delivery cost, will be given.
2. Services already rendered and hours of work completed within the 14-day cancellation period will not be refunded and only the remainder will be refunded if cancellation is applied as discussed above and below.
Payment for Services commenced during the cancellation period
1. Where service is supplied, alone or as part of a programme of services, before the end of the cancellation period, you must pay in full the amount for the supply of the service provided, ending with the time when we receive your request to cancel. The amount to be paid in full will be determined by Joanne Hurley and the number of hours work already put into your services, both appointments and work outside of appointments will be taken into account when calculating this payment.
Deduction for Goods supplied
1. I may make a deduction from the reimbursement for the loss in value of any Goods supplied if the loss is the result of unnecessary handling by you i.e beyond what would be reasonably allowed in a shop.
Timing of reimbursement
1. Reimbursement will be made without undue delay and not later than 14 days after the day we receive goods back from you or 14 days from the date of cancellation of services.
2. I will make the reimbursement using the same means of payment as you used for the initial transaction.
Returning Goods
1. Any goods must be returned to Joanne Hurley, 29 Garton Place, London, SW18 2SD without delay and in any event not later than 14 days from the date of cancellation. You agree that you will have to bear the cost of returning the Goods.
Meanings:
1. For the purposes of these Cancellation Rights these words have the following meaning:
a. distance contract means a contract concluded between trader and consumer under an organised distance sales or service-based provision, without the need for the simultaneous physical presence of the trader and consumer, with the use of one or more means of distance communication up to and including the time at which the contract is concluded.
b. sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer, or supply for a service, and the consumer pays or agrees to pay the price, including any contract that has either goods or services as it’s an object.
After the cancellation period
1. Appointments cancelled with less than 48 hours’ notice and ‘no shows’ will be charged in full. If you are on a programme the appointment will come out of the number of appointments you have as part of said programme.
J) Privacy
1. Your privacy is critical to me. I respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
2. These terms and conditions should be read alongside the Privacy Notice and GDPR Policy.
For any questions, information or complaints please email hello@joanne-hurley.com.