TERMS AND CONDITIONS | Finally Fiona

TERMS AND CONDITIONS

These terms
1. What these terms cover. These terms and conditions represent an agreement between you and Fiona Kolade of Finally Fiona and govern the use of our website at www.finallyfiona.com and any services provided as a result of your use of the website (‘the Services’) which may be made available to you from time to time.
2. Why you should read them. Please read these terms carefully before you submit your order for Services to us. These terms tell you who we are, how we will provide the Services to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
3. Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:

You are an individual.
You are buying Services from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).

1. If you are a business customer this is our 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 or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

Information about how to contact us
1. How to contact us. You can contact us by writing to us at fiona@finallyfiona.com.
2. How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
Our contract with you
1. How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us in accordance with these terms and conditions.
2. If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the Services unless you have already received them. This might be because of unexpected limits on our resources which we could not reasonably plan for or because we have identified an error in the price or description of the Services.
Your rights to make changes

If you wish to make a change to the Services you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Services, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

Our rights to make changes
1. Minor changes to the Services. We may change the Services:
  1. to reflect changes in relevant laws and regulatory requirements ; and
  2. to implement minor technical adjustments and improvements, for example to address a security threat.
2. More significant changes to the Services and these terms. In addition, as we informed you in the description of the Services on our website, we may make other changes to these terms or the Services, but if we do so we will notify as soon as reasonably possible of such changes. All changes, amendments, suspension of Services or Service content will be made at our sole discretion.
Providing the Services
1. When we will provide the Services. We will provide the Services, as far as reasonably possible, in accordance with the times and dates which have been advertised on our website and as follows:
  1. If the Services are one-off services. We will make all reasonable efforts to begin the services on the agreed date and times. The date may be changed without notice but we will make reasonable efforts to ensure you are aware of the change as soon as possible.
  2. If the Services are ongoing services. We will supply the Services or digital content to you until either the Services are completed or the subscription expires (if applicable) or you end the contract or we end the contract by written notice to you.
2. We are not responsible for delays outside our control. If our supply of the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay.
3. What will happen if you do not give required information to us. We may need certain information from you so that we can supply the Services to you. If so, this will have been stated in the description of the Services on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Services late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
4. Reasons we may suspend the supply of Services to you. We may have to suspend the supply of a Services to:
  1. deal with technical problems or make minor technical changes;
  2. update the Services to reflect changes in relevant laws and regulatory requirements;
  3. make changes to the Services as reasonably necessary and at our sole discretion.
5. Your rights if we suspend the supply of Services. We will, where possible, contact you in advance to tell you we will be suspending supply of the Services, unless the problem is urgent or an emergency. We will adjust the price so that you do not pay for Services while they are suspended. You may contact us to end the contract for a Services if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 21 days and we will refund any sums you have paid in advance for the Services which you have not received.
6. We may also suspend supply of the Services if you do not pay. If you do not pay us for the Services when you are supposed to and you still do not make payment within 24 hours of us reminding you that payment is due, we may suspend supply of the Services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the Services. We will not charge you for the Services during the period for which they are suspended. As well as suspending the Services we can also charge you interest on your overdue payments.
7. Warranties Whilst we make reasonable efforts to include accurate information regarding the Services we provide on our website, errors or omissions may occur. We will make reasonable efforts to ensure that errors or omissions are corrected as quickly as possible after we become aware of them. We make no representations or warranties regarding the accuracy, completeness, performance or fitness for purpose of any of the Services we provide, that the Services will meet your requirements, or as to the results which may be achieved from using any of the Services.
Your rights to end the contract
1. You can always end your contract with us. Your rights when you end the contract will depend on the unique agreement of a given service/offer, what you have bought, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:
  1. If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the Services replaced or a service re-performed or to get some or all of your money back),
  2. if you are a consumer and have just changed your mind about the Services You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
2. Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most Services bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
3. When consumers do not have a right to change their minds. Your right as a consumer to change your mind does not apply in respect of:
  1. digital Services after you have started to download or stream these;
  2. services, once these have been completed, even if the cancellation period is still running;
4. How long do consumers have to change their minds? If you are a consumer how long you have to change your mind depends on what you have ordered and how it is delivered.
  1. Have you bought Services? If so, you have 14 days after the day we email you to confirm we accept your order. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the Services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
  2. Have you bought digital content for download or streaming? if so, you have 14 days after the day we email you to confirm we accept your order, or, if earlier, until you start downloading or streaming. If we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.
5. Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you are not a consumer who has a right to change their mind, you can still end the contract before it is completed, but you may have to pay us compensation. A contract for services is completed when we have finished providing the Services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you are not a consumer who has changed their mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for Services not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you reasonable compensation for the net costs we will incur as a result of your ending the contract.
How to end the contract with us (including if you are a consumer who has changed their mind)
1. Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
  1. Email. Email us at fiona@finallyfiona.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
2. How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the Services, by the method you used for payment. However, we may make deductions from the price, as described below.
3. When we may make deduction from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind:
  1. Where the Services is a service, we may deduct from any refund an amount for the supply of the Service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
4. When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind
Our rights to end the contract
1. We may end the contract if you break it. We may end the contract for a Services at any time by writing to you if:
  1. you do not make any payment to us when it is due and you still do not make payment within 24 hours of us reminding you that payment is due;
  2. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Services;
2. You must compensate us if you break the contract. If we end the contract in the situations set out in clause 9.1 we will refund any money you have paid in advance for Services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract
3. We may withdraw the Services. We may stop providing or withdraw the Services at our sole discretion. We will let you know as soon as possible of our stopping the supply of the Services and will refund any sums you have paid in advance for Services which will not be provided.
If there is a problem with the Services

How to tell us about problems. If you have any questions or complaints about the Services, please contact us. You can write to us at fiona@finallyfiona.com.

Your rights in respect of defective Services if you are a consumer
1. If you are a consumer we are under a legal duty to supply Services that are in conformity with this contract. Nothing in these terms will affect your legal rights.
Price and payment
1. Where to find the price for the Services. The price of the Services (which includes VAT) will be the price indicated on the order pages when you placed your order on our website. We take reasonable care to ensure that the price of the Services advised to you is correct and will correct any error as soon as possible.
2. We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the Services, we will adjust the rate of VAT that you pay, unless you have already paid for the Services in full before the change in the rate of VAT takes effect.
3. When you must pay and how you must pay. We accept payment with credit or debit card or Paypal. When you must pay depends on what Services you are buying and you authorise us to charge Paypal or your credit/debit card on a one time or monthly basis, depending on which payment plan you elect.
4. Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us 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).
5. We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 2% a year above the base lending rate of Lloyds Bank from time to time. This interest shall accrue 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 us interest together with any overdue amount.
6. What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
Our responsibility for loss or damage suffered by you if you are a consumer
1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation;
3. We are not liable for business losses. If you are a consumer we only supply the Services to you for domestic and private use. If you use the Services for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 14.
Our responsibility for loss or damage suffered by you if you are a business
1. Nothing in these terms shall limit or exclude our liability for:
  1. death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
  2. fraud or fraudulent misrepresentation;
  3. breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
2. Except to the extent expressly stated in clause 14.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
3. Subject to clause 14.1:
  1. we 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
  2. we offer no representation or warranty of any kind, either express or implied including warranties of title, non-infringement or implied warranties of fitness for a particular purposes
  3. you accept all responsibility and obligations in respect of any decisions, advice, conclusions or recommendations made or given as part of or use of the Services.
  4. You accept that there is no guarantee that you will earn any money or achieve any particular results from using the ideas or techniques provided in connection with the delivery of the Services. The information provided as part of the Services is intended for information purposes only, for a general audience and not as specific advice tailored for an individual or business. No information provided in connection with the Services shall be construed as financial or accounting, legal or other professional advice and you should seek independent and appropriate professional advice in this regard.
  5. our 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 the amount paid for each particular Service or the sum of £100 whichever sum shall be the lesser amount.
How we may use your personal information
1. How we will use your personal information. We will only use your personal information as set out in our https://www.finallyfiona.com/privacy-policy/
Other important terms
1. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
2. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Services, we can still require you to make the payment at a later date.
3. Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the Services in the English courts.
4. Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.

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