TERMS OF SALES
CONDITIONS GENERALES DE VENTE
These terms may have changed since you last reviewed them
These terms are updated from time to time. You can find the updated version of these terms on my website https://elodiecrepel.com/ from time to time.
Where to find information about me and my products
You can find everything you need to know about me, Elodie Crepel, and my products on my website before you order.
I don’t give business customers all the same rights as consumers
For example, business customers can’t cancel their orders, they have different rights where there is a problem with a product and I don’t compensate them in the same way for losses caused by me or my products. Where a term applies just to businesses or just to consumers, this is clearly stated. You are a business customer if you are buying products wholly or mainly for use in connection with your trade, business, craft or profession, even if you are an individual.
If you are a business customer this is my entire agreement with you
If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by me or on my behalf which is not set out in these terms and that you have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Agreement.
Sometimes there are pricing mistakes
Sometimes my digital products or services may be mispriced by me. When this happens, and when it is obvious that there is an error, I will let you know as soon as possible and refund any sums you have paid despite the fact that you may have received an order confirmation.
If you are a business customer you have no set-off rights
If you are a business customer you must pay all amounts due to me under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
I charge interest on late payments
If I’m unable to collect any payment you owe me, I have the right to charge interest on the overdue amount at the rate of 4% a year above the Bank of Scotland base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay me the interest together with any overdue amount.
I pass on increases in VAT
If the rate of VAT changes between your order date and the date I supply the workshop, seminar, training or other product or service, I will adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.
I’m not responsible for delays outside my control
If my supply to you is delayed by an event outside my control, I will contact you as soon as possible to let you know and do what I can to reduce the delay. As long as I do this, I won’t compensate you for the delay, but if the delay is likely to be substantial you can contact me on firstname.lastname@example.org to end the contract and receive a refund for any products you have paid for in advance, but not received, less reasonable costs I have already incurred.
I have the right to charge you if you don’t give me information I need
I have the right to charge you additional sums if you don’t give me the information I’ve asked for which is necessary for me to provide our products.
If you are a consumer, you have a legal right to change your mind
However, you can’t change your mind about an order for:
- digital products, after you have started to download or stream these; or
- services, once these have been completed;
The deadline for changing your mind. If you change your mind about a product you must let me know no later than 14 days after:
- the day I confirm I have accepted your order, if it is for a service, for example the provision of a course.
- the day I confirm I have accepted your order, if it is for digital content for download or streaming (for example, audio books), although you can’t change your mind about digital content once I have started providing it.
How to let me know. To let me know you want to change your mind, contact me by emailing email@example.com .
You have to pay for services you received before you change your mind. If you bought a service (such as an online course) I don’t refund you for the time you were receiving it before you told me you’d changed your mind.
When and how I refund you. If your product is a service or digital content, I will refund you as soon as possible and within 14 days of you telling me you’ve changed your mind. I will refund you by the method you used for payment. I don’t charge a fee for the refund.
You have rights if there is something wrong with your product
Your rights and remedies if you are a consumer. I honour my legal duty to provide you with products that are as described to you on my website and that meet all the requirements imposed by law. Your legal rights are summarised below. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.citizensadvice.org.uk.
Summary of your key legal rights
If your product is digital content, for example an audio book, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:
If your digital content is faulty, you’re entitled to a repair or a replacement.
If the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back.
If you can show the fault has damaged your device and I haven’t used reasonable care and skill, you may be entitled to a repair or compensation
If your product is services, for example an online course, the Consumer Rights Act 2015 says:
You can ask me to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if I can’t fix it.
If a price hasn’t been agreed upfront, what you’re asked to pay must be reasonable.
If a time hasn’t been agreed upfront, it must be carried out within a reasonable time.
How we can make changes
Changes I can always make. I can always change my workshops, training or other audio products:
- to reflect changes in relevant laws and regulatory requirements;
- to make minor technical adjustments and improvements, for example to address a security threat. These are changes that don’t affect your use of our products; and
- to update digital content, provided that the digital content always matches the description of it that I provided to you before you bought it. I might ask you to install these updates.
I can suspend the supply of an online course or training. I do this to:
- deal with technical problems or make minor technical changes;
- update the product to reflect changes in relevant laws and regulatory requirements; or
- make changes to it (see above).
I will let you know, may adjust the price and may allow you to terminate. I will contact you in advance to tell you we’re suspending supply, unless the problem is urgent or an emergency. If I suspend the product for longer than one month in any three-month period, I will adjust the price so you don’t pay for it while its suspended. If I suspend supply, or tell you I’m going to suspend supply, for more than one month in any three-month period, you can contact me on firstname.lastname@example.org to end the contract and I’ll refund any sums you’ve paid in advance for products you won’t receive.
I can end my contract with you
I can end my contract with you for a product and claim any compensation due to me if:
- you don’t make any payment to me when it’s due and you still don’t make payment within seven days of my reminding you that payment is due; or
- you don’t, within a reasonable time of me asking for it, provide me with information, cooperation or access that I need to provide the product, for example, information required by myself to provide a seminar to you.
I don’t compensate you for all losses caused by me or my products
My liability to consumers. We’re responsible for losses you suffer caused by me breaking this contract unless the loss is:
- Unexpected. It was not obvious that it would happen and nothing you said to me before I accepted your order meant I should have expected it (so, in the law, the loss was unforeseeable).
- Caused by a delaying event outside my control. As long as I have taken the steps set out in the section I’m not responsible for delays outside my control.
- Something you could have avoided by taking reasonable action. For example, damage to your own digital content or device, which was caused by digital content I supplied and which you could have avoided by following my advice to apply a free update or by correctly following the installation instructions or having the minimum system requirements advised by me.
- A business loss. my liability for any loss you suffer in connection with your trade, business, craft or profession is limited, as described in my liability to businesses.
My liability to businesses. If you’re a business, then, except in respect of the losses described in Losses I never limit or exclude:
- I shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
- my total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to 100% the total sums paid by you for products under such contract in the calendar year in which the breach took place.
Losses I never limit or exclude. Nothing in these terms shall limit or exclude my liability for:
- death or personal injury caused by my negligence, or the negligence of my employees, agents or subcontractors (as applicable);
- fraud or fraudulent misrepresentation; or
- any matter in respect of which it would be unlawful for me to exclude or restrict liability.
I will use your personal data as set out in my Privacy Notice
You have several options for resolving disputes with me
My complaints policy. I will do my best to resolve any problems you have with me or my products. Please contact me on email@example.com in the first instance.
You can go to court. These terms are governed by Scottish law. If you are a consumer then, wherever you live, you can bring claims against me in the Scottish courts and if you live in Wales, England or Northern Ireland, you can also bring claims against me in the courts of the country you live in. If you are a consumer I can claim against you in the courts of the country you live in. If you are a business you irrevocably agree to submit all disputes arising out of or in connection with my contract with you to the exclusive jurisdiction of the Scottish courts.
Other important terms apply to my contract
I can transfer my contract with you, so that a different organisation is responsible for supplying your product. I’ll tell you in writing if this happens and if you are a consumer I’ll ensure that the transfer won’t affect your rights under the contract. If you’re a consumer and you’re unhappy with the transfer you can contact me on firstname.lastname@example.org to end the contract within 14 days of me telling you about it and I will refund you any payments you’ve made in advance for products not provided.
You can only transfer your contract with me to someone else if I agree to this. If you’re a consumer I may not agree if I have already started to supply the workshops, training or audio products. If you’re a business you need my agreement to transfer your contract with me and it’s entirely up to me whether I give it.
Nobody else has any rights under this contract. This contract is between you and me. Nobody else can enforce it and neither of me will need to ask anybody else to sign-off on ending or changing it.
If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
Even if I delay in enforcing this contract, I can still enforce it later. I might not immediately chase you for not doing something (like paying) or for doing something you’re not allowed to, but that doesn’t mean I can’t do it later.