PURCHASE OF GOODS TERMS & CONDITIONS
Effective Date: 1-Apr-2021
Last Updated: 7-Apr-2023
The terms “we,” “us,” and “our” refer to Terri Pugh, and her team. The term the “Site” refers to www.terripugh.com. The terms “user,” “you,” and “your” refer to site visitors, customers, members and any other users of the site. The term “goods” refers to any item purchased through the Site, both digital and physical. This excludes Eat From Within membership subscription, which has its own terms and conditions. The term ‘contract’ means the legally binding agreement between you and us for the supply of goods or services.
Our core ethos at Terri Pugh is to help people to stop yo-yo dieting, improve their relationship with food, and feel more body confident. This document details from the outset the way in which we will deliver our services to you. If you are planning to purchase goods through the site, then you must read these terms and conditions in full prior to purchasing.
These Terms cannot be varied and in proceeding to purchase any goods you will be deemed to have accepted these Terms. The Terms set out below apply to the services offered by Terri Pugh. Please read them carefully as they affect your rights and liabilities under law and set out the Terms under which Terri Pugh (“we”, “our” or “us”) provides services to you. These Terms are subject to any rights you have under consumer law to which we are bound and which cannot be waived by contract.
Please be aware that we may update these Terms at any time. Your purchase of any goods indicates your acceptance of the terms and agreement to any changes.
Parties agree that goods are provided in the nature of education and entertainment.
You may only purchase goods from the site if you are eligible to enter into a contract and are at least 18 years of age.
1 GOODS & THE BASIS OF SALE
We reserve the right to withdraw the availability of goods listed at any time, and without prior notice. We may at any time change or discontinue any aspect or feature of the Site or Goods, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
The order process is set out on the website. It is your responsibility to check that you have used the ordering process correctly, and that there are no inaccuracies in the information provided by you through that order process.
The goods are offered subject to our acceptance of your order. We reserve the right to refuse goods to any order, person or entity, without the obligation to assign reason for doing so.
No order is deemed accepted by us until you have received an email from us confirming your order. You will receive the order confirmation email within a reasonable time after placing your order, but in any event not later than the delivery of any goods supplied under the contract.
The confirmation email will confirm the placement of your order and with details concerning product delivery and any ongoing payments. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
Once confirmed, we will provide you with the goods in a timely manner. You agree and understand that access to the goods may at times be influenced and affected by third parties that we use to provide the Service (postal delays, supplier issues, technical faults, etc.). You agree and understand that no breach of contract action may be initiated against Terri Pugh when there are reasonable delays in the access of the goods.
2.1 DIGITAL PRODUCTS, LIVE EVENTS & PROGRAMMES
Delivery time of digital goods, live events & programmes will be specified in the description of the goods listed on the site. Some goods may be delivered instantly, whereas some others may be delivered on a set date or across multiple dates.
Delivery of may be made directly to your email address, or may require you to open a link or log in to a site to gain access. This will be clear at the time of order.
Delivery notification will be made to the email address provided by you at the point of purchase. It is your responsibility to ensure that this is correct. No responsibility will be accepted for delivery to an incorrect email address, and re-delivery of the product is at our sole discretion. In the event that you notice a mistake please contact us as a matter of urgency.
We will not be held liable for any loss or damage caused by any digital product. It is your responsibility to ensure that you have adequate anti-virus protection in place.
We are under no obligation to re-send the goods again should you delete or lose the goods or the instructions for access to the goods.
It is advisable to add email@example.com to your safe senders list in your email software in order to avoid delivery emails being recorded as spam and/or not being delivered.
2.2 PHYSICAL PRODUCTS
We will aim to deliver the goods to the delivery address provided by you at the time of order, and within the agreed period as set out at the point of purchase.
It is your responsibility to ensure that delivery is able to be received at the designated address. Should goods be returned to us due to an inability to deliver to you we may charge a reasonable fee for reprocessing and attempting further delivery.
Where late delivery is the fault of the delivery company no refund will be given. Where late delivery is our fault we will refund the delivery charge paid at the point of order.
Where orders are placed for delivery outside of England, Wales, Scotland, Northern Ireland, the Isle or Man, and the Channel Islands, you may need to pay import duties or other taxes. We do not pay these.
You must examine the condition of the goods and the packaging at the point of receipt. Should there be any damage you should immediately notify us. We will not accept any claims for the condition of the package and goods later than 7 days after delivery.
The goods become your responsibility on receipt of the goods.
3 PAYMENT TERMS
The price of the goods and any delivery or other charges is set out on the website at the time you make your purchase. Any variation to this price will be agreed in writing.
Should the price be reduced after your purchase, no refund will be given.
Payment may be made by credit or debit card, PayPal, or direct bank transfer. Applicable methods of payment will be detailed and may vary between purchases.
Where an invoice is provided for goods the invoice will detail the payment due date. No orders will be fulfilled until payment has been received. Although we may issue payment reminders, we are under no obligation to do so. We will confirm receipt of payments against invoices. Should you believe that you have not received payment confirmation please contact us.
Where a payment plan is offered and accepted, you will agree to the make payments as per the payment plan as set out to you, via the agreed payment method. Failure to pay your agreed payments will result in access to the goods being stopped with immediate effect, and we will pursue any balance due.
Any discount codes, special offers, or discounts given are at our discretion.
You do not own any physical goods until full payment has been received. If payment is overdue we can choose to cancel any delivery and end any right to use the goods, in which case you must return them.
4 RETURNS, REFUNDS & CANCELLATION
It is our aim that you will be completely happy with the goods. However, we appreciate that there may come a time when you are not.
Please consider the details of goods carefully before purchasing and get in touch to ask any questions about suitability. Your statutory refund rights are not affected.
4.1 PHYSICAL PRODUCTS
Once goods have been dispatched no cancellation of orders will be accepted.
If you wish to return physical goods, you must return them to our premises in undamaged and unused condition, at your own expense. Returns must be received by us within 14 days of the date of delivery of your order.
We will refund to you the price of the goods paid for, but we may retain any delivery charges.
We will process your refund within 14 working days. This 14 days is to allow for payment processing times beyond our control.
4.2 DIGITAL PRODUCTS
Delivery is made via an automated system and is almost instant in most cases, unless otherwise specified in the description. Once the digital goods, or links to access the digital goods, have been dispatched no cancellation of orders will be accepted, regardless of whether you have opened them or not.
We make no guarantees or claims as to your success or results in using our digital products, and therefore will not issue refunds on this basis. See also ‘5. Disclaimers’.
No refunds will be given for digital products that conform to their advertised description. Where you believe a product does not conform to the description you must contact us. Refunds in these circumstances are at our discretion.
4.3 LIVE EVENTS & PROGRAMMES
Once purchased no refund will be given in the event that you are unable to attend, change your mind, or feel that it is unsuitable.
We reserve all rights to cancel any event or programme for any reason without prior notice. In such circumstances a refund will be provided.
Should we change the date of an event after you have purchased, and you are no longer able to attend, we will issue a full refund. Refund requests should be made in writing to firstname.lastname@example.org within 7 days of receiving notice of the date change, and a full refund will be provided within 14 working days. This 14 days is to allow for payment processing times beyond our control. There is no obligation on us to refund any amounts paid where cancellation requests are made following the 7 day cancellation period.
We make no guarantees or claims as to the success of any customer using our goods. Each individual is unique and their relationship with food and their body are unique to them. The aim is that the goods will provide tools and guidance which the individual may then choose to apply to their situation as they see fit.
Goods provided are advisory, and not tailored specifically to the individual. Goods provided will be for general information and guidance and will not be bespoke advice. We are not responsible for any action or inaction which you take as a result of the information provided or goods purchased.
No goods should be construed as medical advice, whether mental or physical. If you believe that you require medical attention you should seek assistance from a medical professional immediately.
Online events and digital products may be hosted across a variety of platforms. From time-to-time technology may fail and the recording may be unavailable or of poor visual or sound quality. There is no obligation for us to re-record any session where this is the case. Should technology fail and the session isn’t able to go ahead a full refund will be given. For the avoidance of doubt, there will be no refunds given should you miss a scheduled event.
We are not responsible for any loss of opportunity or any investments which you make.
We ask that all participants in our events respect the rights of others in respect of their behaviour and privacy. Discussions within live events and any accompanying forums may by the nature of the topic of discussion result in the disclosure of personal information, situations and experiences. We will not be responsible for the action of any participants including for any disclosures made by any participants based on information which has been shared within the events and forums.
Although we regularly reinforce the request for the respect of people’s privacy it cannot be guaranteed, and so it is at your discretion what you choose to share with others.
It is requested that at all times your behaviour towards others is polite and respectful. Should your behaviour at any live event be deemed offensive or inappropriate we reserve the right to remove you from the event with immediate effect, and without any refund of monies already paid. What is deemed to be offensive or inappropriate is at our discretion. Each person is responsible for their own behaviour and we will not be held responsible for the behaviour or actions of any other participants.
We may contact you by email or other electronic communication methods, and by post, unless you have explicitly opted out of these communications.
When you purchase goods you will be added to our email mailing list. Contact may be in regard to your purchase, or for future follow ups, newsletters, and promotions. You can unsubscribe from receiving emails at any time.
It is the intention that the goods will be supplied continuously however please note and be understanding of the fact that Terri Pugh operates as a sole business owner and from time to time it is reasonable that time may be taken for holidays, illness and/or other unforeseen personal circumstances. Notice of any disruption to provision of goods will be given on the website and social media feeds where possible.
You may contact Terri Pugh on any of the methods given on the website. We endeavour to reply to enquiries within the next working day. The response may come from Terri Pugh directly, or another member of the team.
You may see us post on social media outside of our core hours. Not all of these posts are live and some will be pre-scheduled. There is no obligation to be responsive to any queries through social media outside of our working hours.
We are passionate about supporting all customers and where we can we may respond to you out of hours, but we make no guarantees that this will always be possible.
7 LIMITATION OF LIABILITY & INDEMNIFICATION
To the fullest extent permitted by applicable laws, we limit liability and responsibility for any harm resulting from your use of all or any part of the goods purchased. We shall not be liable to you for any damages, including lost profits, whether such claim is based on warranty, contract, tort or otherwise (even if we have been advised in advance of the possibility of such damages).
If we are found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the goods, our liability shall in no event exceed the total of any fees with respect to the goods received by us from you.
Nothing in these Terms shall limit or exclude our liability in respect to fraudulent misrepresentation, death, or personal injury, resulting from our negligence, or any other liability which cannot be limited or excluded by law.
You agree to indemnify, defend and hold us, our subcontractors and employees, harmless from any claim or demand, including solicitors’ fees, made by a third party due to or arising out of your breach of these terms, or your violation of any law or the rights of a third party.
8 PRIVACY & CONFIDENTIALITY
Your privacy and protection of your personal data is important to us. You are responsible for ensuring that your contact details are accurate and up-to-date, at the time of purchase, and on an on-going basis thereafter.
Please be aware that events may be recorded and your name and image/video may be captured. The recordings may be kept and made available to others who also purchase those goods. If you provide or share any information within these events about yourself or your business that information may be shared. Should you not wish to be recorded please ensure that if you attend any event that your camera is switched off and your name field is changed to “Attendee” with your initials so that support can still be offered but no personal identifiable information will be captured.
Any log-in details provided must remain confidential, and you must not disclose this information to a third party, without our express permission in writing. If you know, or suspect, that your log-in details have been obtained by a third party, you agree to change your password immediately, and provide notification of the same as soon as possible to email@example.com.
9 INTELLECTUAL PROPERTY
At all times the intellectual property rights and copyrights connected with our goods remain with us. You are not permitted to duplicate, republish, reproduce, distribute, translate or provide copies to third parties. We retain and reserve all of our copyrights.
In the event that we fail to insist upon your strict performance of any obligations under these Terms, or we fail to exercise any rights or remedies to which we are entitled, this will not constitute a waiver of any such rights and / or remedies available to us.
11 ERRORS & INACCURACIES
We endeavour to describe and display the goods as accurately as possible however, any description is for illustrative purposes only and there may be small variations in the goods supplied.
While we try to be as clear as possible in explaining the goods, please do not accept that the site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
There may be information within our site or the goods which contains typographical errors, inaccuracies or omissions relating to the delivery, pricing or promotion of the goods. We reserve the right to correct or amend any errors without prior notice.
These Terms are governed by the laws of England & Wales. The English Courts have exclusive jurisdiction over any matter and proceedings arising.
It is our aim that you are completely satisfied with the goods. Should you have any feedback please feel free to share it with us as we are always striving to ensure that we provide you with the highest level of service. If you have a complaint this should be made in writing to Terri Pugh at firstname.lastname@example.org.
We intend to rely on the written Terms set out in Terms and Conditions for the services that we provide to you in delivery of the goods. These written Terms shall constitute the entire agreement between us.
Should there be any conflict between these Terms and any digital platform or payment gateway, these Terms shall prevail.
If any provision within these Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision 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 (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant provision will be deemed to be deleted).
No provision within these Terms shall be enforceable by any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
15 EFFECT OF HEADINGS
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.