These Terms of Business, together with any and all other documents referred to herein, set out the terms under which Goods are sold by Us to consumers through this website, http://www.silviavolpe.com (“Our Site”). Please read these Terms of Business carefully and ensure that you understand them before ordering any Goods from Our Site. You will be required to read and accept these Terms of Business when ordering Goods. If you do not agree to comply with and be bound by these Terms of Business, you will not be able to order Goods through Our Site. These Terms of Business, as well as any and all Contracts are available in English and Italian.
1. Definitions and Interpretation
- In these Terms of Business, unless the context otherwise requires, the following expressions have the following meanings:
|“Business Hours”||means 10:00 to 18.00 Monday to Friday;|
|“Contract”||means a contract for the purchase and sale of Goods, as explained in Clause 6;|
|“Goods”||means the goods sold by Us through Our Site, including digital files, designs, online live classes and workshop videos;|
|“Order”||means your order for Goods;|
|“Order Confirmation”||means our acceptance and confirmation of your Order;|
|“Order Number”||means the reference number for your Order;|
|“Services”||means the services which are to be provided by Us to you as specified in your Order (and confirmed in Our Order Confirmation), including face to face workshops; and|
|“We/Us/Our”||means Silvia Volpe, with her business address at 49 Station Road, Polegate, East Sussex, BN26 6EA, UK.|
2. Information About Us
- Our Site, http://www.silviavolpe.com, is owned and operated by Silvia Volpe, with her business address at 49 Station Road, Polegate, East Sussex, BN26 6EA, UK.
3. Access to and Use of Our Site
- Access to Our Site is free of charge.
- It is your responsibility to make any and all arrangements necessary in order to access Our Site.
- Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
4. Age Restrictions
- Consumers may only purchase Goods and/or Services through Our Site if they are at least 16 years of age, and you must be at least 16 years of age to attend Our workshops/classes.
5. Goods and/or Services, Pricing and Availability
- We make all reasonable efforts to ensure that all descriptions and graphical representations of Goods and/or Services available from Us correspond to the actual Goods and/or Services.
- Please note that sub-Clause 5.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to minor variations of the correct Goods and/or Services, not to different Goods and/or Services altogether. Please refer to Clause 9 if you receive incorrect Goods and/or Services (i.e. Goods and/or Services that are not as described).
- Where appropriate, you may be required to select the required date of the live classes that you are purchasing.
- We cannot guarantee that Goods and/or Services will always be available.
- Minor changes may, from time to time, be made to certain Goods and/or Services between your Order being placed and Us processing that Order and delivering the Goods and/or Services, for example, to reflect changes in relevant laws and regulatory requirements, or to address particular technical or security issues. Any such changes will not change any main characteristics of the Goods and/or Services and will not normally affect your use of those Goods and/or Services. However, if any change is made that would affect your use of the Goods and/or Services, suitable information will be provided to you.
- We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. All pricing information is reviewed and updated regularly. Changes in price will not affect any order that you have already placed.
- All prices are checked by Us before We accept your Order. In the unlikely event that We have shown incorrect pricing information, We will contact you in writing to inform you of the mistake. If the correct price is lower than that shown when you made your Order, we will simply charge you the lower amount and continue processing your Order. If the correct price is higher, We will give you the option to purchase the Goods and/or Services at the correct price or to cancel your Order (or the affected part of it). We will not proceed with processing your Order in this case until you respond. If We do not receive a response from you within 5 business days, We will treat your Order as cancelled and notify you of this in writing.
- In the event that the price of Goods and/or Services you have ordered changes between your Order being placed and Us processing that Order and taking payment, you will be charged the price shown on Our Site at the time of placing your Order.
- Links to access digital files and pre-recorded workshop videos are delivered to you by email once the payment has been received. Virtual live events and live online classes’ access links are delivered to you by email the day of the event.
6. Orders – How Contracts Are Formed
- Our Site will guide you through the ordering process. Before submitting your Order you will be given the opportunity to review your Order and amend it. Please ensure that you have checked your Order carefully before submitting it.
- If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible. If We are unable to process your Order due to incorrect or incomplete information, We will contact you to ask to correct it. If you do not give us the accurate or complete information within a reasonable time of Our request, We will cancel your Order and treat the Contract as being at an end. If We incur any costs as a result of your incorrect or incomplete information, We may pass those costs on to you.
- No part of Our Site constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acknowledgement of receipt of your Order does not mean that we have accepted it. Our acceptance is indicated by Us sending you an Order Confirmation by email. Only once We have sent you an Order Confirmation will there be a legally binding Contract between Us and you.
- Order Confirmations shall contain the following information:
- a. Your Order Number;
- b. Confirmation of the Goods and/or Services ordered including full details of the main characteristics of those Goods and/or Services;
- c. Fully itemised pricing for the Goods and/or Services ordered including, where appropriate, taxes, delivery and other additional charges;
- d. Where appropriate: link to download Digital Goods, or details to attend live events;
- e. Billing information.
- In the unlikely event that We do not accept or cannot fulfil your Order for any reason, We will explain why in writing. No payment will be taken under normal circumstances. If We have taken payment any such sums will be refunded to you as soon as possible and in any event within 14 days.
- Any refunds due under this Clause 6 will be made using the same payment method that you used when ordering the Goods and/or Services.
- Payment for Goods and/or Services and related delivery charges must always be made in advance and you will be prompted to pay during the order process.
- We accept the following methods of payment on Our Site:
- a. Credit/Debit card via Stripe
8. Delivery, Risk and Ownership
- All Digital Goods and/or Services purchased through Our Site will normally be delivered within 1 calendar days after the date of Our Order Confirmation unless otherwise agreed or specified during the Order process (subject to delays caused by events outside of Our control, for which see Clause 8.3).
- When you order digital Goods you’ll receive a download link in the confirmation email and you’ll also be able to download them through your account, once logged in on Our website. With regard to Services, like live events/classes you’ll receive a link to the online meeting within 24 hours from the event.
- In the unlikely event that We fail to deliver the Goods and/or Services within 30 calendar days of Our Order Confirmation (or as otherwise agreed or specified as under sub-Clause 8.1), if any of the following apply you may treat the Contract as being at an end immediately:
- a. We have refused to arrange for delivery of your Goods and/or Services; or
- b. In light of all relevant circumstances, delivery within that time period was essential; or
- c. You told Us when ordering the Goods and/or Services that delivery within that time period was essential.
- If you do not wish to cancel under sub-Clause 8.3 or if none of the specified circumstances apply, you may specify a new (reasonable) delivery date. If We fail to meet the new deadline, you may then treat the Contract as being at an end.
- You may cancel all or part of your Order under sub-Clauses 8.3 or 8.4 provided that separating the Goods and/or Services in your Order would not significantly reduce their value. Any sums that you have already paid for cancelled Goods and/or Services and their delivery, if applicable, will be refunded to you within 14 days.
- Any refunds due under this Clause 8 and Clause 10 will be made using the same payment method that you used when ordering the Goods and/or Services.
- Digital Goods, such as digital files and video recordings may only be downloaded up to 2 times per order. We cannot promise that We will be able to supply the relevant files to you again.
9. Faulty, Damaged or Incorrect Goods and Incorrect Services
- If the Goods and/or Services You receive have faults or are damaged (unless you have been informed in advance at the time of purchase), Your available remedies will be as follows:
- a. Beginning on the day that you receive the Goods (and ownership of them) you have a 2 months right to reject the Goods and/or Services by sending an email to email@example.com and to receive a full refund if they do not conform as stated above. After 2 months you right shall cease to apply.
- b. You may request a replacement of the Goods (our Goods are not suitable for repair). We will bear any associated costs of replacement within a reasonable time and without significant inconvenience to you.
- c. If, after a replacement, the Goods still do not conform (or if We cannot do so as previously described, or have failed to act within a reasonable time or without significant inconvenience to you), you may have the right to keep the Goods at a reduced price.
- d. We cannot change Goods or provide refunds if they stop to conform due to changes/updates of technology We can’t control.
- e. In any event, unless there is evidence to the contrary, it shall be presumed that the lack of conformity which occurs within six months of the delivery of the goods already existed on that date, unless that assumption is incompatible with the nature of the goods or with the nature of the lack of conformity.
- f. Within a period of two years after you have received the Goods (and ownership of them), you may be entitled to a partial refund in case of non conformity. Please be aware that after six months have passed since you received the Goods, the burden of proof will be on you to prove that the defect or non-conformity existed at the time of delivery. The action to assert the defects not maliciously concealed by the Owner is prescribed, in any case, within twenty-six months from the delivery of the Good.
- Please note that you will not be eligible to claim under this Clause 9 if We informed you of the fault(s), damage or other problems with the Goods before you purchased them (and it is because of the same issue that you now wish to return them); if you have purchased the Goods for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from your use of the Goods for that purpose; or if the problem is the result of misuse or intentional or careless damage, or technology and software updates/changes You use in connection with Our Goods/Services. Please also note that you may not return Goods to Us under this Clause 9 merely because you have changed your mind. If you are a consumer in the European Union you have a legal right to a 14 calendar day cooling-off period within which you can return Goods for this reason. Please refer to Clause 10 for more details.
- Refunds (whether full or partial, including reductions in price) under this Clause 9 will be issued within 30 calendar days of the day on which We agree that you are entitled to the refund.
- Refunds under this Clause 9 will be made using the same payment method that you used when ordering the Goods.
- In case of non-consumer customer, the non-conformity of the Goods must be reported within eight days of discovery. The legal guarantee will be valid for a maximum of 12 months from the delivery of the Goods/Services.
- For further information on your rights as a consumer, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
10. Cancelling and Returning Goods and/or Services if You Change Your Mind
- If you are a consumer in the European Union, you have a legal right to a “cooling-off” period within which you can cancel the Contract for any reason.
- a. In case of Digital Goods that you can download such as recorded videos and digital files, this period remains valid only if You have not authorised the download of those Digital Goods within 14 days from their purchase.
- b. In the case of Services, such as a course in attendance or an online live event, given the nature of the Service, the right of withdrawal applies up to 7 days before the event (see Clause 10.11 for details). After this period, the right of withdrawal expires and no refund will be made.
- If you wish to exercise your right to cancel under this Clause 10, you must inform Us of your decision within the cooling-off period. You may do so by writing to us to firstname.lastname@example.org. Cancellation is effective from the date on which you send Us your email message. In each case, please provide Us with your name, email address, telephone number, and Order Number.
- Please note that you may lose your legal right to cancel under this Clause 10 if the Goods have been personalised or custom-made for you.
- Refunds under this Clause 10 will be issued to you within 14 calendar days of the following:
- a. The day on which you inform Us (after We have checked any evidence that You have not downloaded the digital Goods ordered)
- b. If We have not yet provided an Order Confirmation or have not yet sent a download link for the digital Goods, the day on which you inform Us that you wish to cancel the Contract.
- Refunds under this Clause 10 will be made using the same payment method that you used when ordering the Goods unless you specifically request that We make a refund using a different method and provided that the We do not incur any additional costs as a result of an alternative reimbursement method.
- In relation to Our Services such as online live events and face to face workshops, you may cancel your booking in writing to email@example.com up to 7 days before the scheduled event and We will process your refund within 14 days from our receipt of any such cancellation. We will not be able to process refunds under this Clause 11 if your notice to cancel is received by Us less than 7 days before the scheduled event.
11. Our Liability to Consumers
- We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms of Business (or the Contract) or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
- We only supply Goods and/or Services for domestic and private use by consumers. We make no warranty or representation that the Goods and/or Services are fit for commercial, business or industrial use of any kind (including resale). We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
- Nothing in these Terms of Business seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
- Nothing in these Terms of Business seeks to exclude or limit your legal rights as a consumer. For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.
12. Events Outside of Our Control (Force Majeure)
- We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
- If any event described under this Clause 12 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Business:
- a. We will inform you as soon as is reasonably possible;
- b. We will take all reasonable steps to minimise the delay;
- c. To the extent that we cannot minimise the delay, Our affected obligations under these Terms of Business (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;
- d. We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Goods and/or Services as necessary;
- e. If the event outside of Our control continues for more than 1 month We will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event within 14 days of the date on which the Contract is cancelled;
- f. If an event outside of Our control occurs and continues for more than 1 month and you wish to cancel the Contract as a result, you may do so by writing to us to firstname.lastname@example.org providing Us with your name, email address, telephone number, and Order Number. Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible and in any event within 14 days of the date on which the Contract is cancelled.
13. Communication and Contact Details
- If you wish to contact Us for general queries, matters relating to your order, in relation to cancellation or any other question, you may contact Us by email at email@example.com. We will normally respond to you during our Business Hours.
14. Complaints and Feedback
- Our customers can leave reviews and comments about their purchase, please refer to Our Feedback & Rating Policy.
- If you wish to complain about any aspect of your dealings with Us, please contact Us by email at firstname.lastname@example.org.
15. How We Use Your Personal Information (Data Protection)
- All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
16. Other Important Terms
- We may transfer (assign) Our obligations and rights under these Terms of Business (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms of Business will not be affected and Our obligations under these Terms of Business will be transferred to the third party who will remain bound by them.
- You may not transfer (assign) your obligations and rights under these Terms of Business (and under the Contract, as applicable) without Our express written permission.
- The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Business.
- If any of the provisions of these Terms of Business are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Business. The remainder of these Terms of Business shall be valid and enforceable.
- No failure or delay by Us in exercising any of Our rights under these Terms of Business means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Business means that We will waive any subsequent breach of the same or any other provision.
- We may revise these Terms of Business at any time without notice. If We change these Terms of Business as they relate to your Order, it is understood that the applicable T&C of Business are those accepted by the customer at the time of sending the Order.
17. Law and Jurisdiction
- These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
- If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 17.1 above takes away or reduces your rights as a consumer to rely on those provisions.
- If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency within the UK.
- If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales.