These terms and conditions provide you with information about the terms of agreement (other than price) between you as customer and us as seller, in relation to the sale and purchase of items identified in the invoice. These terms and conditions apply to sales through our online platforms, telephone orders and email.
It is important that you read and understand these terms and conditions before purchasing any items from us. Please note that by purchasing any items from us you agree to be bound by the terms and conditions set out below.
1.1 The terms outlined below relate to any service or programme purchased through yourpneumamatters.
1.2 If we are required to contact you, we will do so by telephone or by writing to you at the email or postal address provided by you when you engage our services.
Interpretation of Terms
2.1 In these Terms and Conditions:
‘Authentic’ means a genuine example, rather than a copy or forgery of the work of a particular author, artist or manufacturer, a work created in a particular period or of a particular origin of source, if described in the physical description as such.
‘Business Day’ means a day (other than a Saturday, Sunday or public holiday).
‘Conditions’ means the contract for the sale and purchase of the Items to which these Conditions apply.
‘Contract’ means the contract for the sale and purchase of the Items to which these Conditions apply.
‘Force Majeure Event’ means any event beyond our reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including failure to be present at agreed meetings and telephone sessions, our inability, despite their reasonable endeavours, to contact you to rearrange pre agreed sessions, strikes, lock-outs, or other industrial disputes (whether involving their own workforce or a third party’s), failure of transport network, acts of God, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions, collapse of building structures, fires, floods, storms, earthquakes, loss at sea, epidemics or similar events, natural disasters or extreme adverse weather conditions, or default of suppliers or subcontractors.
‘Items’ means the coaching service(s) and programme(s) which we are to supply in accordance with these Conditions.
‘Purchase Price’ means the price of the Items together with any applicable Value Added Tax, Transport Costs and export fees.
‘We’ means the seller, i.e. yourpneumamatters or each of its Partners.
‘Writing’ includes physical documentation, facsimile transmission, email or SMS.
‘You’ means the customer, i.e. the person who signs to accept and enrol upon any of our coaching programme(s) or coaching(s) by signing the agreement provided.
2.2 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
2.3 The headings in these Conditions are for convenience only and shall not affect their interpretation.
Basis of Sale
3.1 These Conditions shall apply to the Contract and govern the Contract to the exclusion of any other terms and conditions which You may purport to apply under any purchase order, confirmation of order or similar document.
3.2 All orders for Items shall be deemed to be an offer by You to purchase Items pursuant to these Conditions.
3.3 No variation to these Conditions shall be binding unless agreed in Writing by Us.
3.4 Our employees or agents are not authorised to make any representations concerning the Items unless confirmed by Us in Writing. In entering into the Contract You acknowledge that You do not rely on, and waive any claim for breach of, any such representations which are not so confirmed.
3.5 Any typographical, clerical or other error or omission in any quotation, price list, acceptance of offer, invoice or other document or information issued by Us shall be subject to correction without any liability on Our part.
3.6 The Contract is formed when You sign the agreement which will be sent to you via email, letter or social media platform.
Terms of Payment
4.1 The price of the Items shall be the price agreed between You and Us as set out in the invoice.
4.2 Except as otherwise stated under the terms of any quotation or in any of Our price lists, all prices given by Us are on the basis of delivery to You online. Where We agree to deliver the services in any other way, You will be liable to pay additional costs.
4.3 You must pay Us the agreed amount for the services or programme in which you sign up, excluding any deposit or advance that You may have paid, within 7 days after the invoice date, unless stated otherwise on the invoice. If payment by cheque is accepted that acceptance is conditional upon payment in full on first presentation. Services or access to programme(s) information will not commence until payment is cleared as set out within the payment plan provided. Receipts for payment will be issued only upon request.
4.4 If You fail to make full payment of the Purchase Price in full within the specified period, without prejudice to any other right or remedy available to yourpneumamatters, yourpneumatters shall be entitled:
4.4.1 to rescind the Contract, repossess the Items, claim damages for any loss we have suffered or suspend any further deliveries to You; or
4.4.2 where We decide not to exercise Our right under 4.4.1 to appropriate any payment made by You for the services or programmes (or the any product or service supplied under any other contract between You and Us) as We deem fit; and
4.4.3 to charge You interest (both before and after any judgment) on the amount unpaid, at the rate of eight per cent per annum above Starling Bank base rate from the date when your payment was due, until payment is made in full (a part of the month being treated as a full month for the purpose of calculating interest).
4.5 Payments can be made in instalments for services or programmes(s) however, this must be agreed prior to signing the contractual agreement to engage our coaching services or enrol on our programme(s).
4.5.1 We shall also have the right to repossess and remove access to our programme(s) and cancel the agreed services if before You make full payment of the Purchase Price to Us, proceedings occur in the UK or elsewhere involving Your solvency (including but not limited to the presentation of a bankruptcy petition or winding-up petition; or the convening of a meeting to wind you up voluntarily; or an application for an interim order for a voluntary arrangement, or for the appointment of an administrator; or the appointment of an administrative or other receiver).
4.6 When a purchase agreement between ourselves and you, the customer, is agreed, you may obtain information from us in the form of written, audio or video. Whilst we grant you a licence to utilise this information you agree that this is solely for your individual personal use and may not be distributed or replicated in any way.
4.7 In paying for our services or programme(s) you agree that you cannot sell, modify, distribute or transfer to others any of our content in any manner without our written consent.
4.8 All services and programmes purchased from us are chargeable in Great British Pounds. We are not liable for exchange rates or any fluctuations in exchange rates when working with clients overseas.
We retain the right to terminate your license to use any purchased products if you breach this contract.
Warranties and Liabilities
5.1 Where the services and programmes(s) are sold pursuant to an agreement to which the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 apply, Your statutory rights are not affected by these Conditions.
5.2 Except in respect of death or personal injury caused by Our negligence, We shall not be liable to You by reason of any representation or any implied warranty, condition or other term or any duty at common law or under the express terms of the Contract, for any consequential loss or damage (whether for loss or profit or otherwise howsoever), costs, expenses or other claims for consequential compensation whatsoever (whether caused by the negligence of the Seller, its employees or agents or otherwise) which arise out of or in connection with the supply of our Coaching Services or Programme(s) or their use by You, except as expressly provided in these Conditions.
6.1 Due to the nature of our programmes and 1:1 coaching along with the fact that information is given cannot be retrieved, courses are purchased on the understanding that they are none refundable whether purchased using an instalment plan or payment full upfront. A change of mind does not constitute a valid reason for cancellation and request for refund.
6.2 If for any reason you are considering requesting a refund, if we deem your refund acceptable we may also charge an admin fee at our discretion.
6.3 All requests must be put in writing to firstname.lastname@example.org. This does not affect your consumer rights.
6.4 If you paid in a currency other than Great British Pounds you are liable for the costs of exchange.
These Terms set out above are governed by and construed in accordance with the laws of the United Kingdom and shall be subject to the exclusive jurisdiction of the court of Great Britain. By accepting these terms you accept that you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of United Kingdom.
6.6 If the client has invested in a 1:1 coaching programme there is a no refund policy in place once the coaching engagement has commenced. The client has invested in a coaching programme as a whole, not as individual sessions, and pricing is reflected accordingly. The no refund policy of 1:1 coaching programme also reflects the amount of time the coach sets aside for preparing for and attending sessions and the email/ Voxer support offered in-between calls.
Cancellation of a Coaching Call by Client
The client will give at least 48 hours notice via email or Voxer if they need to reschedule a coaching call. Under emergency circumstances on the day of the call, the coach must be informed via email or Voxer. If the client misses a session without notice or communication, the session is cancelled and cannot be rescheduled.