Terms and Conditions for the Supply of Goods
1. Introduction
These are the terms and conditions ('Conditions') referred to in your order ('Order') for us to supply you with training courses and consultancy ('Goods') advertised on our website https://www.academy.theunnoticed.cc ('Website').
These Conditions describe the terms on which we will sell the Goods to you. In particular, we must deliver the correct Goods to the right place at the agreed time in good condition, and they explain our legal responsibility to you if we fail to meet these standards.
They also explain that you must pay us the correct price, when we give you access to the goods. These issues are important for insurance and risk purposes, and so we have also included a clause to explain the position if goods are damaged or delayed for reasons outside anyone's control (including natural causes).
You will need to read and accept these Conditions when placing an Order on our Website. If you are not able to accept the Conditions you will not be able to place an Order.
This introduction is designed to give you an overview of these Conditions, but it is not part of the Conditions themselves. The payment terms for each individual good is stated on the check out page for the specific goods.
2. Our Website
2.1 Our Website is owned and operated by UnNoticed Ventures Ltd [the Company] and your Order will be placed with on our Website. Full contact details can be found at Clause 13.
2.2 No charge is made for accessing our website but access is subject to our Website Terms, and associated policies hosted on our website.
3. The Contract
3.1 The Order is your offer to buy the specified Goods from us on these Conditions, and you must make sure that the Order (and any required standards or measurements or specification of the Goods that form part of your Order) is correct.
3.2 The Order is placed on our Website and you will be able to check the details of your Order before submitting it. By confirming your order you have accepted the goods and the payment terms stated in the offer.
3.4 The Contract is our entire agreement. No previous statements or representations that we have made to you form part of the contract unless they are written into it. This includes samples, drawings, advertising, catalogues and other promotional or descriptive material.
3.5 If either of us needs to give the other a notice under the contract ('Notice'), the Notice must be given properly to be effective. Clause 14.4 explains how to give a proper Notice.
3.6 We will ensure that the following information is given or made available to you prior to the formation of the Contract between us and you, unless such information is already apparent from the context of the transaction:
3.7.1 The main characteristics of the Goods;
3.7.2 Our identity and contact details;
3.7.3 The total Price for the Goods including taxes or, if the nature of the Goods is such that the Price cannot be calculated in advance, the manner in which it will be calculated;
3.7.4 Where applicable, all additional delivery charges or, where such charges cannot be calculated in advance, the manner in which they will be calculated;
3.7.5 Where applicable, the arrangements for payment, delivery and the time by which we undertake to deliver the Goods;
3.7.6 Our complaints handling policy;
3.7.7 We shall ensure that you are aware of our legal duty to supply goods that are in conformity with the Contract;
3.7.8 Where applicable, details of after-sales services and commercial guarantees;
3.7.9 Where applicable, the functionality, including appropriate technical protection measures, of digital content; and
3.7.10 Where applicable, any relevant compatibility of digital content with hardware and software that we are aware of or might reasonably be expected to be aware of.
4. The Goods
4.1 The Goods are described on our Website. We try to ensure that the descriptions and images of the Goods on our Website are accurate but please note that all images are for illustrative purposes only and there may be slight differences due to how the image is displayed and the colour/brightness settings on your device.
4.2 We are allowed to change any of our specifications, or any specification that you have supplied, if this is necessary to comply with any applicable laws or regulations.
5. Delivery of the Goods
5.3 We will make the Goods available to you on the website and via a mobile application as set out in your Order within 1 working days of your order.
6. Warranties
6.1 We want you to be satisfied with the quality of the Goods purchased from our Website and so we offer you the following promise for six months from the delivery date:
6.1.1 the Goods are the same in all material respects as their description. We have made every reasonable effort to ensure that the Goods conform to illustrations, photographs and descriptions provided on our Website. We don't, however, guarantee that all descriptions, illustrations and/or photographs will be precisely accurate. If we find, or are made aware of, any typographical, clerical or other accidental errors or omissions on our Website we will make every reasonable effort to correct such errors or omissions as soon as is reasonably possible.
6.1.2 the Goods are free from significant defects;
6.1.3 the Goods are of satisfactory quality; and
6.1.4 the Goods are suitable for any purpose that we have specified.
6.2 If you discover that some or all of the Goods do not meet this promise, you can either reject them within 30 days of their receipt by notice in writing to us, or require us to repair or replace them, or (if we fail to do that) require us to refund you the price of the defective Goods. This will only apply, however, if you have done the following:
6.2.1 given us a reasonable opportunity of examining the Goods, and
6.2.2 consumed more than 30% of the goods but not more than 50% of the goods.
6.3 Our promise does not apply if:
6.3.1 you continue to use the Goods after you have given us Notice of a defect;
6.3.2 the defect has arisen because you have failed to follow any written or oral instructions on the use, storage, installation, or maintenance of the Goods;
6.3.3 the defect arises because we followed your instructions, specifications, drawing or design;
6.3.4 changes have been made to the goods to comply with regulations which apply to them.
6.4 Our promise only applies to Goods on the basis of this clause, but it also applies on the same basis to any repaired or replacement goods that we supply.
7. Price and Payment
7.1 The confirmed price of the Goods is stated in our acceptance of your Order ('Price').
7.2 Payment of the Price and any related costs (such as delivery) in relation to the Goods must be made before access is given to the Goods. You will be prompted to complete payment details on our Website when placing an Order.
7.3 You are not allowed to hold back any payment due to us as a set-off or credit or counterclaim against some other amount that you think we owe you unless the law allows it. However, we may set off any amount you owe us against any amount we owe you.
7.5 We have made every reasonable effort to ensure that our Prices are correct. Prices will be checked when we process your Order. If the actual Price of the Goods is lower than that stated in your Order, you will be charged the lower Price (unless the lower price was an obvious mistake that you could have reasonably recognised). If the actual Price of the Goods is higher than that stated in your Order, we will ask you how you wish to proceed.
7.6 All Prices exclude local taxes. If the rate of local taxes changes between the date of your Order and the date of your payment, we will adjust the rate of tax that you must pay. Changes in tax will not affect any Prices where we have already received payment in full from you.
7.8 We use third party payment processors to process payments on our Website and your use of their service is subject to their terms and conditions.
8. Cancellation
8.1 You may cancel your Order at any time within 14 days of receipt of the Goods. However. this only applies in the event that you have not accessed the goods hosted on the site or via any other means.
8.3 We may cancel your Order at any time before we allow access to the Goods in the following circumstances:
8.3.1 The Goods are no longer in stock and we are unable to re-stock (if, for example, the goods are discontinued); or
8.3.2 An event outside of our control set out in [Clause 8.3] continues for more than 14 days.
8.4 If we cancel your Order under sub-Clause 8.3 and you have already paid for the Goods, the payment will be refunded to you within 14 days. If we cancel your Order, the cancellation will be confirmed by us by email.
9. Returns and refunds
9.1 Any refund due to you will be made using the same method you used for payment of the Goods. Refunds will be made within 60 days of the order.
10. Ownership & IP
10.1 The intellectual property of the goods always resides with the Company. The customer understand that is is paying for the access and free use of the IP.
10.2 The person, and any legal entity that they represent, understands that they have no right to make commercial use of the IP; without prior agreement by the Company.
11. Limitations on our Legal Responsibilities
11.1 We will not be legally responsible to you for any loss of profit or any loss which you allege arises as a consequence from our Contract with you, and our total legal responsibility to you under the Contract will not exceed the Price of the Goods and any standard delivery charges.
11.2 These Conditions do not limit our legal responsibility for death, personal injury caused by our unreasonable carelessness (known as negligence) or that of our employees, agents or sub-contractors , fraud, defective products under the piece of legislation known as the Consumer Protection Act 1987, breach of the requirements that our goods be of satisfactory quality, fit for purpose, match a sample, or match a model seen; or any other matter that the law says we can't exclude (for example under the Consumer Rights Act, 2015).
11.3 Neither of us will be legal responsible to the other for failure or delay in carrying out the Contract which is caused by an event beyond our reasonable control, which we could not have foreseen or which was unavoidable. This includes industrial disputes, energy or transport failures, acts of God, war, terrorism, civil unrest (such as riots), explosions, mechanical breakdown, natural disasters, pandemic, epidemic, deliberate damage, or being let down by suppliers or sub-contractors.
11.4 We make no warranty or representation of the performance of the goods to the customer.
12. Data Protection
12.1 We will deal with any personal data in accordance with our privacy policy and all applicable data protection and privacy legislation in force from time to time in the UK including (i) the UK GDPR; (ii) the DPA 2018 (and regulations made thereunder); and (iii) all other legislation and regulatory requirements in force from time to time which apply to a party relating to the use of personal data. You can find details of our privacy policy on our website.
13. How to contact us and complaints
13.1 If you need to contact us in relation to an Order or for any other reason you can reach us the following ways:
Jim James
Managing Director
UnNoticed Ventures Ltd
3RD FLOOR 86-90 PAUL STREET
LONDON
EC2A 4NE United Kingdom.
Email: [email protected]
Phone: 07717729625
13.2 We always welcome feedback from our customers and, whilst we always use all reasonable endeavours to ensure that your experience as a customer of ours is a positive one, we nevertheless want to hear from you if you have any cause for complaint.
13.3 All complaints are handled in accordance with our complaints handling policy and procedure, available at [insert link]. Complaints may be initiated by contacting the legal representative at the contact details in 13.1
14. General
14.1 We are allowed to transfer our rights and responsibilities under our Contract to someone else, for example by assignment, a legal charge or sub-contracting our rights and obligations under our Contract, but you may not do any of these things unless we have previously agreed in writing that you can.
14.2 Nobody other than you and us may rely on any terms of this Contract.
14.3 Changes to the Contract are only binding if we agree them in writing, sign them and give you a copy.
14.4 If either of us wishes to give a Notice to the other under the Contract, we must give it in writing and either deliver it or send it by first class post or email to the contact details most recently provided by the other party. Delivery by post will be regarded as completed by 9:00 am on the second day after posting. This arrangement does not apply to the service of any documents in legal proceedings. Our registered office address is in Clause 13.1
14.5 Delay in exercising a right under the Contract will not take away that right or any other right.
14.6 The parties will use their best efforts to negotiate in good faith and settle any dispute that may arise out of or relate to these Conditions or any breach of them.
14.7 If any such dispute cannot be settled amicably through ordinary negotiations between the parties, or either or both is or are unwilling to engage in this process, either party may propose to the other in writing that structured negotiations be entered into with the assistance of a fully accredited mediator before resorting to litigation.
14.8 Any dispute shall not affect the parties' ongoing obligations under the Contract.
14.9 This Contract and any dispute or claim relating to or connected with it (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales.
14.10 The courts of England and Wales are the only place where any disputes arising from it may be decided unless your rights as a consumer allow you to choose a court in a different jurisdiction.