“Supplier” means Jacqui Malpass operating this website at www.jacquimalpass.com(this Site).
“Buyer” means the individual or organisation who buys or agrees to buy the Services from the Supplier. “Consumer” shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977.
“Contract” means the contract between the Supplier and the Buyer for the provision of Services incorporating these Terms and Conditions of sale. “Services” means the services that the Buyer agrees to buy from the Supplier.
These Terms and Conditions of sale shall NOT affect the Buyers statutory rights as a Consumer.
Any variation to these Terms and Conditions of sale (including any special terms and conditions agreed between the parties) shall be applicable only if agreed in writing by the Supplier. This can be via email or written and sent.
Any complaints should be addressed to the Supplier’s email address provided (enquiries [at] jacquimalpass [dot] com).
These Terms and Conditions of sale shall apply to all contracts for the provision of Services by the Supplier to the Buyer and shall prevail over any other documentation or communication from the Buyer.
Price and payment
The price of the Services shall be that stipulated on this Site. The price is normally quoted exclusive of VAT.
The total purchase price, (including VAT, if applicable) will be displayed in the Buyers shopping cart prior to confirming the order or on invoice which is sent, following order confirmation.
Payment of the price (plus VAT, if applicable), must be made either at the time of purchase (normal terms) or as otherwise indicated on the invoice at the time of purchase. Payment must be made without deduction or set-off (unless otherwise agreed). After the order confirmation is received, the Supplier shall confirm by email with the invoice, the details, description and price for the Services.
Where applicable, if any payment is not paid on time or any payment is rejected or refused, the amount owing will be treated as overdue and the Supplier will be entitled immediately to cease or suspend the provision of the relevant Service until payment has been received. And legal action, may be instigated, if amicable resolution cannot be found.
Where payment for goods and / or services is due after receipt of an invoice, an invoice shall be produced by the Supplier to the Buyer in accordance with the terms set out in the purchase order / order confirmation. The Buyer shall pay for the goods and/or services in accordance with the terms specified in the invoice. In no circumstances shall the time for payment be of the essence of the agreement.
The Buyer shall not be responsible for any expenses, charges or price other than those set out in the Purchase Order.
Cash payment – where cash is offered, a 50% upfront payment is required before the Services can go ahead.
In the event of late payment by the Buyer, the Supplier shall be entitled to charge the Buyer interest at the rate of 2% per annum above the base rate of Barclays Bank plc, from the date when payment becomes due from day to day until the date of payment.
If the parties agree that the Supplier is to provide goods and/or services or resources in addition to those specified in a Purchase Order, then such agreement will be reflected in a further Purchase Order, which will be deemed incorporated into this Agreement. Once a Purchase Order has been agreed by the Buyer the price for the goods and/or services shall be fixed.
All orders (whether, written, email or verbal) for Services shall be deemed to be an offer by the Buyer to purchase Services under these Terms and Conditions of sale and are subject to acceptance by the Supplier.
The Supplier may choose not to accept an order for any reason.
Rights of supplier
The Supplier reserves the right to periodically update prices on this Site, and these prices cannot be guaranteed for any period of time. The Supplier shall make every effort to ensure prices are correct at the point at which the Buyer places an order.
The Supplier reserves the right to withdraw Services from this Site at any time. The Supplier shall not be liable to anyone for withdrawing the Services from the Website or for refusing to process an order.
The Supplier shall begin to perform the Services in the timescales agreed when the order is placed.
The Supplier shall perform the Services with reasonable skill, expertise and care. However, where applicable (typically web based delivery or using technology), the Supplier does not guarantee that the Services will be uninterrupted, secure or error-free or that any data generated, stored, transmitted or used via or in connection with the Services will be complete, accurate, secure, up to date, received or delivered correctly or at all.
The Supplier may have to suspend the Services for repair, maintenance or improvement. If so, the Supplier will restore them as quickly as is reasonably possible.
The Supplier may terminate this agreement (as regards some or all of the Services) or suspend some or all of the Services immediately on written notice if the Buyer breaches any term of this agreement, and any payment due remains payable and, if already paid, will be non-refundable.
Age of consent
If the Supplier discovers that the Buyer is not legally entitled to order certain Services, the Supplier shall be entitled to cancel the order immediately, without notice.
The Buyer has the right to cancel the Contract, by notice in writing, at any time within seven working days from date of the initial Contract. If, however, the Supplier starts to perform its side of the Contract with the agreement of the Buyer before the Buyer exercises this right to cancel, the right to cancel is lost. All monies, in this case are non-refundable.
Where reasonably possibly, if the cancellation is then due to ill health or other unforeseen commitments, provided the Services are rebooked and taken within 30 days, then no cancellation charges shall apply.
If the Services are cancelled after seven working days have passed, then the following shall apply.
- Seven working days before delivery – 25% of invoice value
- Three working days before delivery – 50% of invoice value
- One day or less – 90% of invoice value
Limitation of liability
Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Supplier the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Services and the Supplier shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury resulting from the negligence of the Supplier or that of the Suppliers agents or employees.
No waiver by the Supplier (whether express or implied) in enforcing any of its rights under this agreement shall prejudice its rights to do so in the future.
The Supplier shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire or failure of any communications, telecommunications or computer system, and the Supplier shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
Changes to terms and conditions
The Supplier shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
Any renewal of the Services will be subject to the Supplier’s then current Terms and Conditions.
Governing law and jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.