TERMS AND CONDITIONS
Last updated: 29 March 2022
Please read all these terms and conditions
As we accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, just contact us on firstname.lastname@example.org.
Application – Standard Business Terms
- These Terms and Conditions will apply all the contracts by you (the Customer or you). We (the Supplier or us or we) are
- Bhakti Marga UK a charity registered in England and Wales under Bhakti Marga UK whose registered office is at 11 Lyndon Avenue, Pinner, UK, HA5 4QF with email address email@example.com.
- Heart Meditation Retreat a company and charity registered in England and Wales under the name Heart Meditation Retreat whose registered office is at Devonshire House, 60 Goswell Road, London, England, EC1M 7AD with mail address firstname.lastname@example.org.
- These are the terms on which we sell all goods and services to you. Before placing an order on the Website, you will be asked to agree to these Terms and Conditions to be able to complete your purchase. You can only purchase the Services and Goods from the Website if you are eligible to enter into a contract.
- Consumer means an individual acting for purposes which are wholly or mainly outside their trade, business, craft or profession;
- Contract means the legally-binding agreement between you and use for the supply of the Goods and Services;
- Delivery Location means the where the Services are to be supplied as set out in the Order;
- 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;
- Goods means any goods they we supply to you with the Services, of the number and description as set out in the Order;
- Order means the Customer’s order for the Goods and Services from the Supplier as submitted following step by step process set out on the Website;
- Services means the services advertised on the Website, including any Goods, of the number and description set out in the Order;
- Website means our website bhaktimarga.co.uk on which the Goods and Services are advertised.
- The description of the Services and any Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of any Goods supplied.
- 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.
- All Services which appear on the Website are subject to availability.
- We can make changes to the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
- You must co-operate with us in all matters relating to the Services, provide us and our authorised employees, volunteers and representatives with access to any premises under your control as required, provide us with all information required to perform the Services and obtain any necessary licenses and consents (unless otherwise agreed).
- 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.
- We may contact you by using e-mail or other electronic communication and by pre-paid post and you expressly agree to this.
Basis of Sale
- 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 any delay.
- 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.
- The Contract will be formed for the Goods and Services ordered when you submit for payment and/or receive an email from us confirming the Order. 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. Before submitting the Order, you have the option to review or change (you may also use the “Back” button on your web browser) any information on the order summary page, or to cancel the purchase. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (i.e. 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.
- By clicking the “Purchase” or “Submit” or “Buy Now” button or any other relevant button to submit the order, you declare acceptance of the order in a legally binding way by which the purchase agreement takes place.
- The execution of the order and the sending of all the details necessitated by the conclusion of the contract take place via e-mail, in a partially-automated manner. Consequently, you have to ensure that the e-mail address that you have deposited with us is the correct one, and that the receipt of the respective e-mails is guaranteed. In particular, you have to ensure that the respective e-mails are not blocked by a SPAM filter.
- 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 Supplier in writing.
- We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, e.g. by giving you rights as a business.
Licence to use for download products
- The download products that are on offer are copyright-protected. You will receive a simple operating license for every download product purchased from us, unless otherwise specified in the respective quote.
- The simple usage licence encompasses permission to save and/or record a copy of the download product on your computer or other electronic device for personal use.
- You are not allowed to make any additional copies. You are explicitly prohibited from changing a file or parts thereof, processing it and making it privately or commercially available to external parties in any manner whatsoever.
- We will deliver the Services, including any Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement:
- In the case of Services, within a reasonable time; and
- In the case of Goods, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.
- In any case, regardless of events beyond our control, if we do not delivery the Services, you will be refunded immediately for any payments made.
- If the Service provided is a delivery of a ‘Course’:
- The courses will be delivered in the form described in the respective offers on the agreed dates.
- it is dependent on the number of participants, the minimum number of participants will be evident in each case from the offer. If the minimum number of participants is not reached, we will inform you in writing (e.g. by e-mail) at least seven days before the beginning of the course that the booked course will not be taking place. In this case, any payments already made will be refunded immediately.
- In the case of cancellation of a single event due to the non-availability of the course instructor at short notice due to illness or another important reason, the payments already made will be refunded immediately.
- In the case of events consisting of several dates, if one of the dates is cancelled at short notice because the course instructor is not available due to illness or another important reason, a replacement date will be found for the cancelled date.In relation to the use of course rooms and objects, you must comply with the house rules displayed on the premises. You must adhere to our instructions or the
- course instructor’s instructions.
Withdrawal and cancellation
- 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.
Right to cancel
- Subject as stated in these Terms and Conditions and unless otherwise stated on the registration or Order form, you can cancel the contract free of charge within 14 days without giving any reason.
- The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the carrier, indicated by you, acquires physical possession of the last of the Goods. In a contract for the supply of services only (without goods), the cancellation period will expire 14 days from the day the Contract was entered into. In a contract for the supply of goods over time (i.e. subscriptions), the right to cancel will be 14 days after the first delivery.
- 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 (e.g. a letter sent by post or email). In any event, you must be able to show clear evidence of when the cancellation was made.
- 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
- 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
- Except as set out below, if you cancel this Contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
Payments for Services commenced during the cancellation period
- Where a service is supplied (being part of the Service) before the end of the cancellation period in response to your express request to do so, you must pay an amount for the supply of the service for the period for which it is supplied, ending with the time when we are informed of your decision to cancel the Contract. This amount is to be calculated on the basis of the total price agreed in the Contract or, if the total price were to be excessive, on the basis of the market value of the service that has been supplied, calculated by comparing process for equivalent services by other traders. You will bear no cost for supply of that services, in full or in part in this cancellation period if that service is not supplied in response to such a request.
- In case of non-participation or partial participation in the booked course, no refund of course fees will be possible.
Timing of reimbursement
- If we have not offered to collect the Goods, we will make the reimbursement without undue delay, and not later than:
- 14 days after the day we receive back from you any Goods supplied, or
- (if earlier) 14 days after the day you provide evidence that you have sent back the Goods.
- If we have offered to collect the Goods or if no Goods were supplied or to be supplied (ie it is a contract for supply of services only), we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Contract.
- We will make the reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
- If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods or hand them over to us at the address agreed upon without delay and in any event not late than 14 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the Goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Goods.
- For the purpose of these Cancellation Rights, these words have the following meanings:
Sales contract means a contract under which a trade transfers the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.
- We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
- Upon delivery, the Goods will:
- be a satisfactory quality;
- be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to use (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
- conform to their description.
- It is not a failure to conform if the failure has its origin in your materials.
- We will supply the Services with reasonable skill and care.
- In relation to the Services, anything we say or write to you, or anything someone else says or writes to you on our behalf, about us or about the Services, is a term of the Contract (which we must comply with) if you take it into account when deciding to enter this Contract, or when making any decision about the Services after entering into this Contract. Anything you take into account is subject to anything that qualified it and was said or written to you by us or on behalf of us on the same occasion, and any change to it has been expressly agreed between us (before entering this Contract or later).
Duration, termination and suspension
- The Contract continues as long as it takes us to perform the Services.
- Either you or we may terminate the Contract or suspend the Services at any time by written notice of termination or suspension to the other if that other:
- 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
- Is subject to any step towards its bankruptcy or liquidation.
- On termination of the Contract for any reason, any of our respective remining rights and liabilities will not be affected.
Circumstances beyond the control of either party
- In the event of any failure by a party because of something beyond its reasonable control:
- the party will advise the other party as soon as reasonably practicable; and
- the party’s obligations will be suspended so far as is reasonable, provided that the party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery.
- Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
- For the purposes of these Terms and Conditions:
- ‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including but not limited to the GDPR.
- ‘GDPR’ means the UK General Data Protection Regulation.
- ‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.
- We are a Data Controller of the Personal Data we Process in providing the Services and Goods to you.
- 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:
- before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
- we will only Process Personal Data for the purposes identified;
- we will respect your rights in relation to your Personal Data; and
- we will implement technical and organizational measures to ensure your Personal Data is secure.
- For any enquiries or complaints regarding data privacy, you can e-mail: email@example.com.
- The Supplier does not exclude liability for: (i) 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 foreseeably 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
- The Contract (including any non-contractual matters) is governed by the law of England and Wales.
- 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.