TERMS AND CONDITIONS
MAKE ME SUGAR FREE referred to as “we” / “our” / “us”
WEBSITE USER referred to as “you” / “your”
These terms and conditions apply to your use of this website and the sale of all products by us to you through this website and your use of this website.
1.1 These terms and conditions shall govern your use of our website as well as the sale and purchase of products through our website.
1.2 You will be asked to give your express agreement to these terms and conditions before you place an order on our website.
1.3 Nothing in these terms and conditions shall affect your statutory rights as a consumer.
1.4 When purchasing products from this website you are forming a legally binding contract with us on these terms and conditions.
1.5 If you have any concerns about your suitability to undertake our Make Me Sugar Free Detox Programme you should consult your doctor before commencing on the Programme.
2. Order process
2.1 For contractual purposes the advertising of products for purchase on our website constitutes an "invitation to treat" and not a contractual offer.
2.2 No contract will come into force between you and us unless and until you have received from us (or our payment service provider on our behalf) an email confirming your order.
3. What we sell
3.1 This website provides customers with the downloadable Make Me Sugar Free Detox Programme as described on our website which may be provided in modified, extended or varied form.
3.2 We may from time to time change or expand the range of products available on our website
4.1 Our prices are quoted on our website.
4.2 We may from time to time change the prices quoted on our website, but this will not affect contracts that have already been concluded prior to such price changes.
4.3 All amounts stated in these terms and conditions or on our website are stated in Euro and are inclusive of applicable VAT (if any).
5.1 Payments on this website are made using either PayPal or the Wix Store credit card payment system (whichever you select) as our payment service provider. We reserve the right to change our payment service providers at any time. Any references to “PayPal” in these terms and conditions shall be deemed to be references to both PayPal and the Wix Store credit card payment system (whichever is applicable according to your preferred method of payment) and / or that alternative payment service provider where applicable.
5.2 In the event of your payment not being successfully concluded with PayPal or in the event of any suspicion or indication on our part that an order for which payment has already been made may potentially or possibly be fraudulent we reserve the right to cancel the contract and not to provide the products ordered.
5.3 If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:
(a) an amount equal to the amount of the charge-back;
(b) all third-party expenses incurred by us in relation to the charge-back (including charges
made by our or your bank or payment processor or card issuer);
(c) an administration fee of €35; and
(d) all our reasonable costs, losses and expenses incurred in recovering the amounts referred to this Clause 5.3 (including without limitation legal fees and debt collection fees), and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Clause 5.
6. Cancellation right and money-back assurance
6.1 You have a right to cancel the contract you make with us within 14 days of making that contract. You should note that by commencing download of any part of the products supplied by us on foot of a contract you make with us you are indicating that you have consented to accepting the content we supply to you. Your statutory 14 day ‘cooling off’ period cancellation right terminates on commencement of download to your own laptop, PC or other digital device of all or any part of the product you have purchased.
6.2 Should you wish to cancel your contract with us within the 14 day ‘cooling off’ period you should email firstname.lastname@example.org cancelling your contract. We will arrange a refund of the fees paid for our product to you through PayPal.
6.3 Without prejudice to your statutory rights, if you wish to cancel your contract with us and receive a full refund of the payment you have made to us, you may do so at any time within 14 days of your first download of any element of the product you have purchased from us. You are not obliged to give any reason for your cancellation.
7. Required software / technical functionality:
To download products from our website and undertake the Make Me Sugar Free Detox Programme you will need to have the technical capacity on your laptop, PC, mobile ‘phone or other digital device to download, open and read .pdf files and to download and play MP3 audio files.
8. Warranties and representations
8.1 You warrant and represent to us that:
(a) you are over the age of 18;
(b) you are legally capable of entering into binding contracts;
(b) you have full authority, power and capacity to agree to these terms and conditions;
(c) all the information that you provide to us in connection with your order is true, accurate, complete and is not misleading; and
(d) you have the required digital technology to be able to download and use our products.
8.2 We warrant to you that:
(a)we have the right to sell the products that you buy on this website;
(b)the products you buy will correspond to any description published on our website; and
(c)the products you buy will be of satisfactory quality.
8.3 All our warranties and representations relating to the supply of products are set out in these terms and conditions. To the maximum extent permitted by applicable law all other warranties and representations are expressly excluded.
9. Limits upon exclusions of liability
9.1 Nothing in these Terms and Conditions precludes you from relying you on any statutory or other legal rights you may have.
9.2 Our aggregate liability to you in respect of any contract to purchase products from us under these terms and conditions shall not exceed the total amount paid to us by you under your contract with us and we shall not be liable for any consequential or indirect losses (if any) sustained by you arising from our contract with you.
10. Copyright and other intellectual property rights in the products
10.1 The copyright and all intellectual property rights in the product, to include without limitation content, logos, trademarks, brand names, images, recordings, meditation scripts, content of emails vests in us. You may not share, duplicate, trade in, copy, hyperlink or in any way use or disclose the content of the products you have purchased with any other person. To do so will be regarded as an unlawful breach of copyright (or the relevant intellectual property right in question) and a breach of the terms of our contract with you entitling us to terminate that contract.
10.2 By supplying you with access to the Members’ Area of our website from which products paid for can be downloaded by you to your own digital storage device, we are granting you a licence to download that content for your own personal use only and for no other purposes whatsoever. We shall be entitled to terminate your contract with us without notice and immediately disable your access to our Members’ Area if we have reasonable grounds to suspect that you are in breach of this licence.
Our disclaimers form part of these terms and conditions. You can access our disclaimers by clicking on this link HERE
13. Order cancellation and termination
We may cancel a contract under these terms and conditions immediately, by giving you written notice of termination, if;
(a)you fail to pay, on time and in full, any amount due to us under our contract with you;
(b)you are in breach of these terms and conditions in respect of your use of the products you purchase from us; or
(b) we are prevented from fulfilling that contract by any event beyond our reasonable control.
14.1 We may revise these terms and conditions from time to time by publishing a new version on our website.
14.2 A revision of these terms and conditions will apply to contracts concluded any time from the date on which those revised terms and conditions are published on our website onwards, but will not affect contracts made before the publication of those revised terms and conditions.
No forbearance on the part of either us or you from enforcing our respective entitlements in respect of any breach of our mutual contract shall preclude either you or us from enforcing that entitlement in respect of any future breach of any breach of any provision of the contract.
16.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
16.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
17. Entire agreement
These Terms and Conditions shall constitute the entire agreement between you and us in relation to the sale and purchase of our products and shall supersede all previous agreements between you and us in relation to the sale and purchase of our products.
18. Complaints Policy
18.1 If you have any complaint in respect of any products sold to you through this website, please let us know of your complaint by contacting us by email at email@example.com . Please provide us with full details of your complaint and we will respond as promptly as we can.
18.2 If you are not satisfied with our response to your complaint you may wish to raise your complaint with the Competition and Consumer Protection Commission for Ireland (www.ccpc.ie )
Clause and section headings in these terms and conditions are for guidance purposes only and shall not be considered in the interpretation of these terms and conditions.
20. Law and jurisdiction
These terms and conditions shall be governed by and construed in accordance with law of the Republic of Ireland and subject to the exclusive jurisdiction of the Republic of Ireland.
21. About us
21.1 This website is owned and operated by Mike & Leisa Cockayne.
21.2 Our principal place of business is at 1, Chapel Row, Swinford, Co Mayo
21.3 You can contact us:
(a) by post, using the postal address above;
(d) by email at firstname.lastname@example.org
19.4 Our VAT number is IE1333858
Version: 22 December 2017