Terms and conditions of sale (Products and Service)
Definitions
Buyer means the individual or organisation that buys or agrees to buy the Goods or service from the Seller.
Consumer shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977.
Contract means the contract between the Seller and the Buyer for the sale and purchase of Goods or service incorporating these Terms and Conditions.
Goods means the articles that the Buyer agrees to buy from the Seller.
Seller means Synergia coaching Ltd
Terms and Conditions means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Seller.
Conditions
Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.
These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
Acceptance of delivery of the Goods or Service shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller. Any complaints should be addressed to the Seller's address at Unit 33, Staffordshire Business Village, Staffordshire Technology Park, Stafford, St18 0TW
Price and payment
The price of the Goods or Service shall be that which is stipulated.
The total purchase price, including VAT and delivery charges, if any, will be displayed at point of invoice.
After the order or booking is received the Seller shall confirm by email or letter the details, description and price for the Goods or Service together with information on the right to cancel.
Payment of the fee must be made in full before delivery of Service or Programme.
All fees paid are non- refundable
Rights of seller
The Seller reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. The Seller shall make every effort to ensure prices are correct at the point at which the Buyer makes a booking.
The Seller reserves the right to withdraw any goods from the Website at any time.
The Seller shall not be liable to anyone for withdrawing any Goods or services from the Website or for refusing to process a booking.
The Seller reserves the right to amend times, dates and venue in exceptional circumstances
Intellectual Property Rights
All copyright and any other intellectual property rights in any report, course document, information or thing prepared by Synergia Coaching Ltd in the course of performance of the project (’the materials’) shall vest in and remain the property of Synergia Coaching Ltd. Synergia Coaching Ltd grants a personal non-exclusive royalty free licence to the client and its employees involved in the project to use such documentation in the normal and proper course of fulfilling and re-enforcing the project and for reference purposes but not further or otherwise. In particular the client shall not use the materials in order to present its own courses or permit others to do so using the materials. Such licence shall not carry the right to grant sub licences nor shall it be transferable save with the prior written consent of Synergia Coaching Ltd
Limitation of liability
Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the Price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Seller’s agents or employees.
Waiver
No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
Force Majeure
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.
Severance
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
Changes to terms and conditions
The Seller shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
Governing law and jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.