Terms And Conditions
This online terms document is a work in progress
The online version of the terms and conditions document is a work in progress and has not been finalised yet. If you are looking for out current Terms & Conditions, please get in touch using the "Questions" contact form on this page and we will send you a copy of our current terms and answer any questions you may have.
Please read all these terms and conditions.
As we can accept your purchase 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 get in touch using the contact form on this page.
- These Terms and Conditions will apply to the purchase of the performance services and goods by you (the Customer or you).
- Mr Kirby; trading as Rich Kirby Elite Performance (Coaching) Services; (the Supplier or us or we).
- These are the terms on which we sell all Services to you. By purchasing any of the Services, you agree to be bound by these Terms and Conditions.
- Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
Contract means the legally-binding agreement between you and us for the supply of the Services;
- Delivery Location means the Supplier's premises or other location where the Services are to be carried out, as set out in the Order;
- Goods means any goods that 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 Services from the Supplier as set out in the Customer's order or in the Customer's written acceptance of the Supplier's quotation;
- Services means the services, including any Goods, of the number and description set out in the Order.
- The description of the Services and any Goods provided is as set out in any form of advertisement.
- In the case of coaching; packages are set out in a 1:1 environment. Video recording or documenting these sessions must be agreed upon prior to the service being delivered.
- All Services 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.
- Services will still be chargeable if the purchaser cancels within a 24 hour window prior to scheduled start time. As the provider of the services, exceptional circumstances may be considered but the right is reserved to charge in full for late cancellation.
- Late cancelled sessions are non transferable even on advanced block bookings.
- You must co-operate with us in all matters relating to the Services, provide us and our authorised partners and representatives with access to any relevant information.
- 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 – Retaining any balance of services paid up front.
Basis of Sale
- The description of the Services and any Goods seen in advertisement does not constitute a contractual offer to sell the Services or Goods.
- When a purchase has been made, we can reject it for any reason, although we will try to tell you the reason without delay.
- A Contract will be formed for the Services ordered, only upon the Supplier sending a confirmation message to the Customer saying that the purchase has been accepted or, if earlier, the Supplier's delivery of the Services to the Customer.
- Any quotation or estimate of Fees (as defined below) is valid for a maximum period of 14 days from its date, unless we expressly withdraw it at an earlier time.
- 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 the Supplier in writing.
Fees and Payment
- The fees (Fees) for the Services, the price of any Goods (if not included in the Fees) and any additional delivery or other charges is that set out in our price list current at the date of the Order or such other price as we may agree in writing. Prices for Services may be calculated on a fixed fee or on a standard rate basis.
- Fees and charges include VAT (Where applicable) at the rate applicable at the time of the Order.
- Payment for Services must be made within 2 days of invoice. You must pay according to the terms of the invoice; with notice to late payment fees and via methods usually but not restricted to; Cash or Bank transfer.
- 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, so long as per section 13.a this is with greater than 24 hours notice.
- 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 service will:
- be of satisfactory quality;
- conform to their full and accurate 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 that 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 agreed. For ongoing coaching this contract rolls over from session to session every time a new session is agreed by both us and you.
- Either you or we may terminate the Contract or suspend the Services at any time by a 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 5 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 remaining rights and liabilities will not be affected.
- 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 Directive 95/46/EC (Data Protection Directive) or the GDPR.
- 'GDPR' means the General Data Protection Regulation (EU) 2016/679.
- '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 organisational measures to ensure your Personal Data is secure.
Successors and our sub-contractors
- Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.
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 Scotland or Northern Ireland respectively.
- We try to avoid any dispute, so we deal with complaints as follows: To resolve any dispute we ask that you notify us at the earliest opportunity so we can endeavor to rectify this issue.
If there is anything you would like to ask which is not covered in these standard terms then please get in touch using the contact form and we will be happy to help.
Version 1.03 – December 2019
Online Ref 20.05.b