CANCELLATION AND REFUNDS
1.1 Due to your purchase being digital package, we do not offer refunds or cancellations. All contracts and purchases are binding.
1.2 Due to your purchase being a digital product and downloadable at the time of purchase, we do not offer refunds or cancellations. All purchases are binding.
1.3 In person design packages cancelled within 48 hours of purchase are eligible for a full refund, provided package has not progressed into the initial design phase. Projects that have progressed into the initial design phase may be cancelled, but are subject to a cancellation fee determined by the progression of the design, but will be no less than $85.
APPLICATION OF TERMS AND CONDITIONS
2.1. These terms and conditions (“Terms”) apply to the Muse Interior Design design packages operated by Jenny Robbins at Muse Interior Design. By registering to be a participant in our designs you agree to the following Terms and that these prevail over any inconsistent terms or conditions contained, or referred to, elsewhere or as implied by law, trade custom, practice or course of dealing.
2.2. The agreement between us and you, the person or entity registering to be a participant in the design (“you”) and which is subject to these Terms (“Contract”), shall come into effect upon us emailing you to confirm our acceptance of your registration form for the design and shall continue until terminated in accordance with these Terms.
2.3. If you are purchasing online, the order process will be as follows:
2.3.1. add the Package to the cart and proceed to the checkout and make payment as directed;
2.3.2. if you are paying by PayPal, you will be re-directed to the PayPal website for you to make payment and then once payment is made, you will be re-directed back to our site;
2.3.3. we will send you an email acknowledging your order and confirming whether we have accepted your order.
2.3.4. If at any stage you have made an error in your order, you may email us at firstname.lastname@example.org to correct any errors.
2.4. If you are purchasing online, you should print a copy of these Terms for your records as we will not be filing a copy and we may change these Terms from time to time.
2.6. Any content posted or submitted by you to our site is subject at all times to the Acceptable Use Policy.
designs and E-Design
3.1. The design and/or e-design will be provided as specified on the sales page and shall be delivered as a downloadable product as detailed on the site.
3.2. The date and time of design delivery is set out on the site but are subject to change. We will provide you with as much notice of any change as is possible but we shall not be liable to you in any way for any change to such dates or times. Please check the site regularly for updates on changes to dates and times.
In Person Designs
3.3. If you need to cancel an In Person design meeting, you should provide us with as much notice as possible (by emailing email@example.com) and we will endeavor to reschedule the meeting to a mutually convenient date and time. If you provide us with less than 24 hours’ notice or fail to provide us with any notice we may not be able to reschedule the meeting and shall not be obliged to refund you any amounts paid in relation to such meeting.
4.1. Where we are providing digital goods or products (“Products”)the following terms and conditions of this paragraph 4 shall apply.
4.2. Any photographs of the Products on our site are for illustration purposes only.
4.3. The delivery charges for the Products are as set out on our site from time to time.
4.4. Your order will be fulfilled by the estimated delivery date set out in our confirmation email or as described on our site, unless there is an event outside of our control. If we are unable to meet the estimated delivery date because of an event outside our control, we will endeavor to contact you with a revised estimated delivery date.
4.5. Delivery will be completed when we deliver the Products to the email address you gave us when you placed the order and the Products will be your responsibility from the completion of delivery.
4.6. You own the Products once we have received payment in full, including all additional applicable charges.
5.1. The total price payable for the design is as set out in the summary of key terms above.
5.2. E-designs require payment in full at time of order. For in-person designs, you may be able to pay by installments or in one lump sum and the total price payable shall depend upon which option you have chosen and shall be as set out in the summary of key terms.
5.3. If you choose to pay in installments a deposit of the amount set out in the summary of key terms is payable on registration for the Design. You will then be invoiced for a further installments (as specified on our website) for the amount set out in the summary of key terms every 30 days until the total price payable has been paid. Such invoices must be paid within 7 days of the date of the invoice.
5.4. Payment is to be made by any method that is detailed on our site from time to time.
5.5. Without prejudice to any other right or remedy that we may have, if any sum payable under these terms is not paid within 7 days of the date due we reserve the right to (i) charge interest from the date due for payment to the actual date of payment at the rate of 3% above the base rate of HSBC from time to time in force and/or (ii) suspend the availability of the design until such time as payment is made or the Contract is terminated.
5.6. The total price payable as set out in the summary of key terms is exclusive of Value Added Tax (and any other applicable taxes or duties) which shall be added at the applicable rate where necessary.
5.7. You shall be responsible for all travel, accommodation and other subsistence costs and all other expenses incurred by you in connection with your participation in the design.
5.8. All payments are non-refundable other than as set out in paragraph 6.5 and 8.2 below.
6.1. We warrant to you that the design and design materials purchased from us is of satisfactory quality and reasonably fit for the purpose for which the design is supplied.
6.2. Other than as set out in paragraph 6.1 above, all warranties and representations are excluded to the fullest extent permitted by law. Due to the nature of coaching and the fact that your success is dependent on a number of factors over which we have no control, we do not guarantee any particular results.
6.3. We will endeavor to ensure that all information that we provide is accurate and up-to-date but we shall not be liable for any claims arising from such information being inaccurate or not up-to-date or otherwise.
6.4. We acknowledge that in the course of the design we will have access to your confidential information and we agree not to (except in the proper course of our duties) use or disclose to any third party such confidential information. This restriction does not apply to:
(a) any use or disclosure authorized by you or required by law; (b) any use or disclosure which we in our absolute discretion consider necessary or advisable in order to prevent illegal acts or harm to you or to others; or (c) any information which is already in, or comes into, the public domain otherwise than through our unauthorized disclosure.
6.5. You acknowledge and agree that your personal data will be processed by and on behalf of us as part of us providing the design to you.
7.1. We are the owner or the licensee of all Intellectual Property Rights and all other rights in the design and all content within the design and nothing in these Terms or otherwise shall operate to transfer the ownership of the Intellectual Property Rights in the design or the content of the design to you or to any other person.
7.2. You may not at any time copy, reproduce, publish in any form, share, sell, dispose of or otherwise make available to a third party in any way any of the content or materials contained in the design.
7.3. We grant to you a limited, non-exclusive, non-transferable, non-sub licensable revocable licence to use all or any of the content of the design for the purposes for which the design were provided only.
7.4. Except as set out in paragraph 7.3, you may not use any of our intellectual property rights at any time except where duly licensed. Use of our logo is strictly prohibited without our prior written consent.
7.5. You may not without our prior written consent make any audio or visual recordings of any part of our design.
7.6. We may from time to time record the design being delivered during your attendance. You authorize us to use your image without payment, other condition or need for further consent.
7.7. You acknowledge that certain information contained in the design and design materials is already in the public domain.
7.8. You are not permitted to sell or promote products or services to other participants at or during any part of our design without our prior written permission.
7.9. The provisions of this paragraph 7 shall survive termination of the Contract.
TERM AND TERMINATION
8.1. The Contract shall continue until the end of the design when the Contract shall expire other than for the Terms that are specifically stated to remain in force.
8.2. Notwithstanding the provisions of paragraph 8.1 or 8.2, either of us may terminate the Contract on written notice to the other with immediate effect if at any time:
8.2.1. The other commits any serious or repeated breach or non-observance of any of the provisions of these Terms; or
8.2.2. The other (i) makes a resolution for its winding up, (ii) makes an arrangement or composition with its creditors, (iii) makes an application to a court of competent jurisdiction for protection from its creditors, (iv) is unable to pay its debts, (v) ceases trading or an administration or winding-up order is made or an administrator or receiver is appointed in relation to such party, (vi) is declared bankrupt or (vii) is convicted of a custodial offence (other than a road traffic offence); or
8.2.3. The other party commits any fraud or dishonesty or acts in any manner which in the opinion of the terminating party brings or is likely to bring the terminating party into disrepute or is materially adverse to the interests of the terminating party.
8.3. On or before the date of termination of the Contract, you shall immediately pay any unpaid fees or other sums payable under these Terms (which for the avoidance of doubt shall include any remaining installments regardless of the point at which the Contract is terminated).
8.4. Termination of this agreement shall not affect either of our accrued rights, remedies, obligations and liabilities of either of us as at the date of termination of this Contract, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination.
8.5. Any delay by us in exercising our right to terminate the Contract shall not constitute a waiver of our right to terminate or to seek any other remedy.
8.6. Paragraphs which expressly or by implication have effect after termination of the Contract shall continue in full force and effect after the date of termination of the Contract.
8.7. This paragraph 8 shall survive termination of the Contract.
8.8. Where the Contract expires, this shall be treated as a termination for the purposes of paragraph 8.7 and all other paragraphs that refer to “termination”.
9.1. Nothing in this paragraph 9 shall limit our liability for death or personal injury caused by our negligence or for our fraud or fraudulent misrepresentation or for any matter for which liability cannot be legally excluded or limited.
9.2. We shall not be liable for any loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods, loss of contract, loss of corruption of data or information or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses suffered or incurred by the you as a result of you entering into the Contract and/or us providing the design.
9.3. Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of the Contract shall in all circumstances be limited to the price paid by you for the design.
9.4. If we are prevented from or delayed in performing our obligations by your act or omission or by any circumstance outside of our control, we shall not be liable to you for any costs, charges or losses sustained or incurred by you that arise directly or indirectly from such prevention or delay.
9.5. We shall not be not liable for additional costs incurred by you as a result of changes to the design.
9.6. The provisions of this paragraph 9 shall survive termination of the Contract.
9.7. You acknowledge and agree that:
9.7.1. The Contract constitutes the entire agreement and understanding between us and supersedes any previous arrangement, understanding or agreement between us relating to the provision of the designs (which shall be deemed to have been terminated by mutual consent);
9.7.2. in entering into the Contract you have not relied on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to the Contract or not) relating to the provision of the designs other than as expressly set out in the Contract.
10.1. By registering for our designs you warrant that:
10.1.1. You are legally capable of entering into binding contracts; and
10.1.2. You are at least 18 years old; and
10.1.3. That all information you provide us with is materially true and accurate at all times and not misleading in any way.
10.2. You accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our site. You agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
10.3. We may vary these Terms (other than the price payable by you for the design) as we see fit from time to time and if we do, we shall notify you by email of the change of terms. Your continuation with the design will be deemed to be your acceptance of any new Terms.
10.4. The Contract is personal to you and you may not assign, transfer, charge, subcontract, sub-license or deal in any other manner with all or any of your rights under the Contract.
10.5. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
10.6. If we fail to insist upon strict performance of any of your obligations under the Contract, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is in writing.
10.7. If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
10.8. A person who is not a party to the Contract shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.
10.9. The rights of the parties to terminate, rescind or agree any variation, waiver or settlement under the Contract are not subject to the consent of any person that is not a party to the Contract.
10.10. The Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with United States law.
10.11. We each irrevocably agree that the courts of The United States shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the Contract or its subject matter or formation (including non-contractual disputes or claims).
10.12. Unless the context otherwise requires, a reference to one gender shall include a reference to the other gender.