Terms & Conditions.

GENERAL TERMS AND CONDITIONS OF SALE OF BALANCED HER  (THE “COMPANY”)

These terms and conditions apply to the use of this website at https://www.balancedher.co.uk/, including buying products on the site. By accessing or using this site, you agree to be bound by these terms and conditions, to the exclusion of any terms you might want to impose regardless of whether or not you choose to register with us or order from us.

INDEX

1. Introduction
2. Ordering from us
3. Pricing
4. Cancellation & returns policy
5. Events
6. Classes
7. Licence
8. Service access
9. Visitor material & conduct
10. Links to and from other websites
11. Registration
12. Disclaimer
13. Liability
14. Governing law & jurisdiction
15. Competition terms
16. Miscellaneous

1. INTRODUCTION

1.1 You will be able to access most areas of this website without registering your details with us. Certain areas of this website may only be open to you if you register.

1.2 Certain provisions of these terms and conditions may be supplemented by and/or are subject to expressly designated legal notices or terms located on particular pages of this website. These include our Privacy Policy which you should read carefully, since it explains how we use your personally identifiable information and sets out your legal rights with respect to such use.

2. ORDERING FROM US

2.1 You place an order with us when you complete our online checkout process. As part of our checkout process, and before placing your order, you will be given the opportunity to check your order and to correct any errors. Once you place your order, we will send you an order acknowledgement, detailing the products you have ordered and the delivery address entered. All products displayed on the site and their prices are invitations for you to make us an offer, by placing an order, which we will try to accept, subject to 2.3 below. No agreement is established until we have accepted your order.

2.2 Our acceptance of an order takes place only when we dispatch the order. We will send you a dispatch confirmation by email. When we dispatch the order the purchase contract will be made even if your payment has been processed immediately upon your placement of the order, unless we have notified you that we do not accept your order or you have cancelled your order in accordance with Condition 4.

2.3 We may refuse to accept an order:

(a) if goods are not available;

(b) if we cannot obtain authorisation for your payment;

(c) if there has been a pricing or product description error; or

(d) if you do not meet any eligibility criteria set out in our terms and conditions.

2.4 We will not be held liable for any loss caused by you entering your address incorrectly into the website or by you failing to be present at your nominated delivery address when the courier attempts to deliver the parcel or not reasonably cooperating with the courier. If you are not present at the delivery address on delivery, then the item will be returned to the depot. It is your responsibility to collect the item from the depot within the time period stated by the courier. If the item is not collected on time, then the parcel will be returned to us. The couriers will charge for returning the items to us, and we will pass this charge onto you as a result. We reserve the right to charge your card with the cost charged to us by the courier for returning the item to us and for dispatching the parcel again to your nominated delivery address. Current return charges within Northern Ireland and The Republic of Ireland are £5.00 and a redelivery charge within Northern Ireland being £5.00 and The Republic of Ireland being £8.00. Return charges within the rest of the UK are £7.50 and a re-delivery charge of £10.00.

2.5 The delivery timescales quoted on our website are estimates, and should only be used as guidance. The vast majority of our orders do arrive within these timescales, however, we would ask that you wait 5 working days past the last estimated day before contacting us should your parcel not arrive within the delivery estimate timescale. This allows for any local delays affecting the delivery service before we can take action in locating orders, due to possible delays at customs and within the mail delivery service of the destination country. If we are unable to deliver within thirty (30) days, you have the right to cancel the order and obtain a full refund unless we have specifically agreed a later delivery date with you or have been unable to reach you to arrange a delivery date.

2.6 When placing a pre-order we will charge your credit or debit card as soon as you have submitted your order. If for any reason we are unable to fulfil the order, then we will issue a refund. If you place an order that contains both pre-order and currently-available items, you won't receive the order until all the items are in stock and ready. You will be charged a delivery charge for each additional delivery.

2.7 In the event that your order does not arrive, you must inform us within 30 days of the last estimated delivery date. The last estimated delivery date can be found in your order confirmation emails. Failure to report missing items within 30 days of the last estimated delivery date may result in us being unable to investigate missing orders with our couriers. In the event that your order arrives damaged, you must inform us within 7 days of receiving your order.

3. PRICING

3.1 Our prices are reviewed periodically and will be updated from time to time.

3.2 While we try to make sure the prices on our website are correct, we will not be required to accept orders or to deliver products after acknowledging or accepting an order if it turns out that the price quoted was incorrect. In such cases we will inform you of the correct price and you can either pay the balance or cancel the order for a refund.

3.3 Where we charge separately for packing, carriage and insurance and other relevant charges, the appropriate rates are set out in our specified pricing structure shown elsewhere on this website.

4. CANCELLATION AND RETURNS POLICY PHYSICAL GOODS (NOT TICKETS FOR EVENTS OR SESSIONS)

4.1 If you wish to cancel your order:

(a) you may notify us by email to hello@balancedher.co.uk before we have dispatched the goods to you; or

(b) where goods have already been dispatched to you, you may cancel in accordance with Condition 4.2. That Condition is your statutory right to cancel for any reason. If the goods are defective or damaged, you have additional cancellation rights.

4.2 You may cancel the contract and return goods you have ordered from us (except where Condition 4.6 below applies) by notifying us within 30 days of receipt for a full refund or exchange. Your notice must include a clear statement setting out your decision to cancel. If you cancel the contract under this Condition, we will reimburse all of your payments for the products concerned, except:

4.3 If you cancel the contract under Condition 4.2, you must send the products back or deliver them to us at the returns address below: at your own cost or inform us that you are making them available for us to collect, in which case we will collect them but you will be liable to pay for our costs of collection.

4.4 We recommend you obtain proof of posting if you are returning goods. If you require goods in exchange for those you have returned, then you will be required to pay the additional postage and packaging associated with the dispatch of the goods before we send the goods to you.

4.5 Upon receipt of the returned goods we will issue to you a refund for the full value of the returned goods, or a credit note in the event that you wish to exchange the returned goods for others.

4.6 The rights to cancel the contract as described in Condition 4.2 will not apply in the event that a product has been made to order, the product is faulty, or if any seal on the packaging for the product has been broken, upon return to us.

Please email us at hello@balancedher.co.uk for returns address.

5. EVENTS

5.1. Nobody will be allowed admission to the Event without a valid ticket or pass

5.2. Tickets cannot be exchanged or refunded after purchase

5.3. If the Event is rescheduled or moved, the Organiser will give you the options of either retaining or exchanging your tickets for the new date/location. If the Event is cancelled, you may be offered the option to transfer your ticket to a future event or a refund on your tickets.

5.4. If the Event is rescheduled, changed, moved or cancelled the Organiser cannot be held responsible for any resulting costs you may incur for travel, accommodation and other related goods, services or compensation.

5.5. Tickets cannot be resold for commercial gain. If we have reason to believe that tickets have been re-sold, they will be invalidated, and the holder will be refused admission.

5.6. We may restrict the sale of tickets to a maximum number per person (allocation). We reserve the right to cancel tickets bought in excess of this allocation.

5.7. The Organiser reserves the right to alter or vary the content or timing of any part of the Event in circumstances beyond its reasonable control without any obligation to make any refunds or exchange tickets.

5.8. If all or any of the Event is planned to take place outdoors it will take place regardless of weather conditions (unless deemed unsafe). There are no refunds for bad weather. We strongly advise that you come dressed appropriately for an outdoor Event.

5.9. The Organiser does not accept any responsibility for any loss or damage to personal property brought to the Event.

5.10. Visitors may be filmed, photographed or sound recorded for broadcast, publication or security purposes whilst at the Event by the Organiser and our trusted sponsors and partners.

5.11. It is a condition of your admission to the Event that no commercial (non-private) use may be made by you of the Event or any part of it.

5.12. Visitors are not permitted to bring animals to the Event with the exception of guide, assistance and hearing dogs.

6. CLASSES

6.1. All classes must be booked in advance.

6.2. Once purchased, your Classes are non-refundable and non-transferable.

6.3.  In the event that we cancel a class that you have booked, for reasons outside of our control we will contact you to let you know. At the time of cancellation we will offer you the choice between receiving a full refund or being transferred to a class at an alternative date and time.

7. LICENCE 

7.1 You are permitted to print and download extracts from this website for your own use on the following basis:

(a) no documents or related graphics on this website are modified in any way;

(b) no graphics on this website are used separately from accompanying text; and

(c) any of our copyright and trademark notices and this permission notice appear in all copies.

7.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on this website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these terms and conditions, any use of extracts from this website other than in accordance with Condition 5.1 above for any purpose is

prohibited. If you breach any of the terms in these terms and conditions, your permission to use this website automatically terminates and you must immediately destroy any downloaded or printed extracts from this website.

7.3 Subject to Condition 5.1, no part of this website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.

7.4 Any rights not expressly granted in these terms are reserved.

8. SERVICE ACCESS

8.1 While we endeavour to ensure that this website is normally available 24 hours a day, we will not be liable if for any reason this website is unavailable at any time or for any period.

8.2 Access to this website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

9. VISITOR MATERIAL AND CONDUCT

9.1 Other than personally identifiable information, which is covered under the Privacy Policy, any material you transmit or post to this website will be considered non-confidential and non-proprietary. We will have no obligations with respect to such material. We and our nominees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

9.2 You are prohibited from posting or transmitting to or from this website any material:

(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;

(b) for which you have not obtained all necessary licences and/or approvals;

(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or

(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful

components, corrupted data or other malicious software or harmful data).

9.3 You may not misuse the website (including, without limitation, by hacking).

9.4 We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of Conditions 7.2 or 7.3.

10. LINKS TO AND FROM OTHER WEBSITE

10.1 Links to third party websites on this website are provided solely for your convenience. If you use these links, you leave this website. We have not reviewed all of these third party websites. We do not control these third party websites, nor are we responsible for these websites, their content or their availability. We, therefore, do not endorse or make any representations about them, or any material found on them, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this website, you do so entirely at your own risk.

10.2 If you would like to link to this website, you may only do so on the basis that you link to, but do not replicate, the home page of this website, and subject to the following conditions:

(a) you do not remove, distort or otherwise alter the size or appearance of the Balanced Her logo;

(b) you do not create a frame or any other browser or border environment around this website;

(c) you do not in any way imply that we are endorsing any products or services other than our own;

(d) you do not misrepresent your relationship with us nor present any other false information about us;

(e) you do not otherwise use any Balanced Her trademarks displayed on this website without our express written permission;

(f) you do not link from a website that is not owned by you; and 

(g) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations. We expressly reserve the right to revoke the right granted in this Condition 8.2 for breach of these terms and to take any action we deem appropriate.

10.3 You shall fully indemnify us for any loss or damage we may suffer or incur as a result of your breach of Condition 8.2.

11. REGISTRATION

11.1 Each registration is for a single user only. We do not permit you to share your user name and password with any other person or with multiple users on a network.

11.2 Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately.

11.3 We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.

12. DISCLAIMER

12.1 While we endeavour to ensure that the information on this website is correct, we do not warrant the accuracy and completeness of the material on this website. We may make changes to the material on this website, or to the products and prices described in it, at any time without notice. The material on this website may be out of date, and we make no commitment to update such material. 

12.2 The information on this website is provided "as is" without any conditions, warranties or other terms of any kind.

13. LIABILITY

13.1 We have no liability to you for any of the following losses under any theory of legal liability (including negligence):

• loss of profit, business, revenue, anticipated savings, opportunity, goodwill, contract, data, in each case whether direct or indirect;

• indirect or consequential loss. Save in the case of death or personal injury to you caused by our negligence or in the case of fraud, our liability to you in respect of any agreement is limited to the price you have paid for the products concerned or £100, whichever is the higher.

13.2 We, any other party (whether or not involved in creating, producing, maintaining or delivering this website), the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this website in any way or in connection with the use, inability to use or the results of use of this website, any websites linked to this website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this website or your downloading of any material from this website or any websites linked to this website.

13.3 If your use of material on this website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.

13.4 You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this website, or the use by any other person using your registration details.

14. GOVERNING LAW AND JURISDICTION

12.1 These terms and conditions shall be governed by and construed in accordance with UK law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the UK courts.

14.2 We do not warrant that materials/items for sale on the website are appropriate or available for use outside the United Kingdom. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws. 

14. COMPETITION TERMS

14.1 Entrants must not be employees of Balanced Her or anyone else connected with the promotion. Entrants can only enter the competition once. Automated or bulk entries will not be accepted. No liability will be accepted for entries that are lost, damaged, delayed or submitted incorrectly. Proof of sending will not be accepted as proof of entry. The prize comprises items listed in relevant competition blog posts, subject to change.

14.2 Prizes are awarded one (1) per winner. One entry is allowed per person, per competition. Illegible or incomplete entries, entries which are lost or delayed, or entries not submitted in accordance with the rules will be disqualified. Prizes are non-transferable and there is no cash alternative. Balanced Her reserves the right to substitute the prize for another prize of equal or greater value, should the need reasonably arise. Balanced Her’s decision is final and no correspondence will be entered into. The winner(s) will be the first entry(s) selected at random from all entries received by the closing date. The competition closes at the time stated in the relevant competition blog or social media post. Winners will be notified in means in line with competition and stated in relevant competition blog posting. Winner(s) who do not respond to notification within 72 hours will forfeit their prize(s) and another winner(s) will be chosen from eligible applicants. Winners will be picked at random after the closing date from all valid entries received. Winners will be notified within 48 hours of closing time unless otherwise stated. The winners’ name will be posted after the selection has been made. 

14.3 Balanced Her reserves the right to cancel, amend, terminate or suspend a competition or promotion in the event of any unforeseen circumstances or reasons outside its reasonable control, with no liability to any entrants or third parties.

14.4 Prizes/Giveaways are often limited stock or one of a kind and loss or damage in post of the item may result in us swapping the prize to an alternative item of equal value. We will not be held liable for any loss caused by the entrant supplying an incorrect address or not collecting a parcel within the courier's timeframe.

14.5 Entrants to the competition agree to participate in such promotional activity and material as Balanced Her may require. We will not share your details with third parties.

14.6 By entering a competition, entrants accept these terms and conditions.

16. MISCELLANEOUS

16.1 You may not assign, sub-licence or otherwise transfer any of your rights under these terms and conditions

16.2 If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.

16.3 Only the parties to these terms and conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999.

16.4 You confirm that these Terms and Conditions contain the entire agreement between us relating to their subject-matter. You also confirm that you are not relying on any representation which is not expressly repeated in these Terms and we exclude all liability for non-fraudulent misrepresentation.

16.5 These Terms and any contract between us are governed by the laws of England and we and you submit to the exclusive jurisdiction of the English Courts in connection with them.

16.6 We will do our best to fulfil our contracts with you but acts of God, bad weather conditions, strikes, lockouts, explosion, war, pandemics, government actions or any other circumstances beyond our control may affect our ability to do so. We will not be liable for any loss or damage caused by such events, including any failure to perform or delay in performing a contract.

The https://www.balancedher.co.uk/ website is operated by Balanced Her.

Contact details are as follows:

hello@balancedher.co.uk