Terms and Conditions
Please read all these terms and conditions.
1. These Terms and Conditions will apply to the purchase of the services and goods by you (the Customer or you). We are Elumi Yoga, with email address email@example.com; (the Supplier or us or we).
2. These are the terms on which we sell all Services to you. Before placing an order on the Website, you will be asked to agree to these Terms and Conditions by clicking on the button marked 'I Accept'. If you do not click on the button, you will not be able to complete your Order. 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.
3. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
4. Contract means the legally-binding agreement between you and us for the supply of the Services;
5. Delivery Location means the Supplier's premises or other location where the Services are to be supplied, as set out in the Order;
6. Durable Medium means paper or email, 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 that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
7. Goods means any goods that we supply to you with the Services, of the number and description as set out in the Order;
8. Order means the Customer's order for the Services from the Supplier as submitted following the step by step process set out on the Website;
10. Services means the services advertised on the Website, including any Goods, of the number and description set out in the Order;
11. Website means our website www.elumiyoga.co.uk on which the Services are advertised.
12. The description of the Services and any Goods is as set out in the Website, social media, brochures or other forms of advertisement. Any description is for illustrative purposes only.
13. In the case of Services and any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
14. All Services which appear on the Website are subject to availability.
15. We can make changes to the Services which are necessary to comply with any applicable law or safety requirement.
16. You must co-operate with us in all matters relating to the Services, provide us and our authorised employees and representatives with all information required to perform the Services and obtain any necessary licences and consents (unless otherwise agreed).
17. Failure to comply with the above is a Customer default which entitles us to suspend performance of the Services until you remedy it or if you fail to remedy it following our request, we can terminate the Contract with immediate effect on written notice to you.
18. You must provide us with any information that may affect your ability to participate in the service. (for example: injuries or health conditions)
20. We may contact you by using e-mail or other electronic communication methods and you expressly agree to this.
Basis of Sale
21. The description of the Services and any Goods in our website does not constitute a contractual offer to sell the Services or Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
22. 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.
23. A Contract will be formed for the Services ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract, and before performance begins of any of the Services.
24. Any quotation or estimate of Fees (as defined below) is valid for a maximum period of 7 days from its date, unless we expressly withdraw it at an earlier time.
25. No variation of the Contract, whether about description of the Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
Fees and Payment
26. The fees (Fees) for the Services, the price of any Goods (if not included in the Fees) and any additional delivery or other charges that are set out on the Website at the date we 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.
27. You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Services.
28. We will deliver the Services, within the agreed period or, failing any agreement:
a. in the case of Services, within a reasonable time; and
b. without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.
29. In any case, regardless of events beyond our control, if we do not deliver the Services on time, you can require us to reduce the Fees or charges by an appropriate amount (including the right to receive a refund for anything already paid above the reduced amount). The amount of the reduction can, where appropriate, be up to the full amount of the Fees or charges.
30. In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
a. we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
b. after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
31. If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract
32. If you or your nominee fail, through no fault of ours, to take delivery of the Services, we may charge the reasonable costs of redelivering them.
33. The Goods will become your responsibility from the completion of delivery.
Risk and Title
34. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
35. You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
36. This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply, to a contract for the following goods and services (with no others) in the following circumstances:
a. accommodation, transport of goods, vehicle rental services, catering or services related to leisure activities, if the contract provides for a specific date or period of performance;
b. goods/services that are made to your specifications or are clearly personalised;
Right to cancel
37. Subject as stated in these Terms and Conditions, you can cancel this service 1 hour before the start time of the service without giving any reason.
38. To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (eg a letter sent by email). In any event, you must be able to show clear evidence of when the cancellation was made to firstname.lastname@example.org.
39. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Commencement of Services in the cancellation period
40. We must not begin the supply of a service (being part of the Services) before the end of the cancellation period unless you have made an express request for the service.
Effects of cancellation in the cancellation period
41. Except as set out below, if you cancel this Contract, within the canecellation time frame, we will reimburse to you all payments received from you.
Deduction for Services supplied
42. We may make a deduction from the reimbursement for loss in value of any Services supplied, if the loss is the result of unnecessary handling by you (ie handling the Services beyond what is necessary to establish the nature, characteristics and functioning of the Service.. This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.
Timing of reimbursement
43. We will make the reimbursement without undue delay, and not later than:
a. 14 days after the day we receive back from you any Goods/Services supplied, or
b. (if earlier) 14 days after the day you provide evidence that you have sent back the Goods/Service
44. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise
Duration, termination and suspension
45. The Contract continues as long as it takes us to perform the Services.
46.. Either you or we may terminate the Contract or suspend the Services at any time by a written notice of termination or suspension to the other if that other:
a. commits a serious breach, or series of breaches resulting in a serious breach, of the Contract and the breach either cannot be fixed or is not fixed within 30 days of the written notice; or
b. is subject to any step towards its bankruptcy or liquidation.
47. On termination of the Contract for any reason, any of our respective remaining rights and liabilities will not be affected.
48. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
50. For the purposes of these Terms and Conditions:
a. 'Data Protection Laws' means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR.
b. 'GDPR' means the General Data Protection Regulation (EU) 2016/679.
c. 'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.
51. We are a Data Controller of the Personal Data we Process in providing the Services and Goods to you.
52. Where you supply Personal Data to us so we can provide Services and Goods to you, and we Process that Personal Data in the course of providing the Services and Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
a. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
b. we will only Process Personal Data for the purposes identified;
c. we will respect your rights in relation to your Personal Data; and
d. we will implement technical and organisational measures to ensure your Personal Data is secure.
53. For any enquiries or complaints regarding data privacy, you can e-mail: email@example.com.
54. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) death or personal injury caused by negligence or breach of the Supplier's other legal obligations. Subject to this, we are not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to your business, trade, craft or profession which would not be suffered by a Consumer - because we believe you are not buying the Services and Goods wholly or mainly for your business, trade, craft or profession.
Governing law, jurisdiction and complaints
55. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
56. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
57. We try to avoid any dispute, so we deal with complaints as follows: We are always looking to improve our service so please address any complaints to firstname.lastname@example.org. We welcome any feedback regarding the services that Elumi Yoga provides..
77. We aim to follow these codes of conduct, copies of which you can obtain as follows: Association for Yoga Studies available from https://www.ays.org.uk/code-of-conduct/
25 April 2020