These Terms will apply to any contract between us for the sale of Products or Services, Memberships and Digital Goods to you (Contract). Please read these Terms carefully and make sure that you accept them, before ordering any Items from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Items from our site.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 11. Every time you wish to order Items, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were last updated on 07 November 2015.
These Terms, and any Contract between us, are only in the English language.
“Membership” means your Premium or Premium Plus membership with Pink Moods which provides access to the Membership Services this is a SINGLE PAYMENT you will only be charged once there is NO RECURRING PAYMENT;
“Membership Services” means the areas of the Pink Moods website only accessible to Premium or Premium Plus members, as outlined on the Membership (subscribe) web page.
“Cancel” or “Cancelling” means your right to cancel a Contract in accordance with your legal rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, and with clause 12;
“Digital Goods” means any digital content not supplied on a tangible medium, including but not limited to eBooks, videos, articles and podcasts;
“Lifetime Membership” means your Standard, Premium or Premium Plus membership with Pink Moods which provides access to the Membership Services as described on the subscribe page, for the lifetime of the website;
“Items” means any Digital Goods, Products, Services, or Memberships;
“Products” means any tangible product purchased through the Pink Moods website;
“Services” means life coaching services provided by independent life coaches introduced through the Pink Moods website;
1 Information about us
1.1 We operate the website www.pinkmoods.com. We are Pink Moods Limited, a company registered in England and Wales under company number 08791578 and have our registered office at Unit 6 Retford Enterprise Centre, Randall Way, Retford, Nottinghamshire DN22 7GR.
1.2 To cancel a Contract in accordance with your legal right to do so as set out in clause 12, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the cancellation form annexed to these terms and conditions and send this to us by email to email@example.com or by post to Unit 6 Retford Enterprise Centre, Randall Way, Retford, Nottinghamshire DN22 7GR. A link to these terms and conditions containing our cancellation form will be included in our Order Confirmation. If you use this method we will e-mail you to confirm we have received your cancellation. You can also contact us by post to Unit 6 Retford Enterprise Centre, Randall Way, Retford, Nottinghamshire DN22 7GR. If you are emailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us.
1.3 If you wish to contact us for any other reason, including because you have any complaints, you can contact us by e-mailing us at firstname.lastname@example.org or by writing to us at Unit 6 Retford Enterprise Centre, Randall Way, Retford, Nottinghamshire DN22 7GR.
1.4 If it is necessary for us to contact you or give you notice in writing in relation to your order, we will do so by e-mail or by post to the address you provide to us in your order.
2 Our Products
2.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that the website accurately reflects the colour of the Products. Your Products may vary slightly from those images.
2.2 Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our site have a 5% tolerance.
2.3 Pink Moods has taken every care in the preparation of the content of this website, in particular to ensure that as far as reasonably possible, prices quoted are correct at the time of publishing and that all products have been fairly described. All prices are displayed inclusive of UK VAT but exclusive of delivery charges.
2.4 For goods delivered to addresses outside of the UK any duties or tax are the responsibility of the recipient, and are not included in the prices displayed on the website.
2.5 Our website contains a large number of Products and it is always possible, despite our best efforts, that some of the Products listed may be incorrectly priced. We will verify prices in any order acknowledgement email sent to you described at clause 10.2 below.
2.6 We have made every effort to display as accurately as possible the colours of our Products that appear on the website. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor’s display of any colour will accurately reflect the colour of the product on delivery.
2.7 All Products are subject to availability. We will inform you as soon as reasonably possible if any Products you have ordered are not available.
3 Life coaching Services
3.1 Following payment for the Service, we will act as an intermediary between you and your life coach to arrange your one introductory session (“Arrangement”).
3.2 Following the Arrangement, you will be responsible for arranging any further life coaching sessions with your life coach on terms agreed between you and your life coach. It is your responsibility to conduct any research into the life coach which is suitable for you. Pink Moods is not responsible or liable for any advice or service provided by the life coach.
3.3 We will make every effort to introduce you to a life coach within a month of your confirmation of purchase of an introductory session. However, there may be delays due to an Event Outside Our Control (as defined in clause 18.2). Please see clause 18.3 for our responsibilities when an Event Outside Our Control happens.
3.4 A month after you receive confirmation of your purchase of your introductory life coaching session, if a date and time cannot be arranged with your life coach which meets your requirements, you will be entitled to a full refund of the purchase price, less our administrative costs of £5.
3.5 We will need certain information from you in order for us to provide the Services, including but not limited to your full name, email address, and requirements for life coaching. We will contact you about this. If you do not, after being asked by us, provide us with this information, or you provide us with incomplete or incorrect information, we may make an additional reasonable charge to cover any extra work that is required, or we may suspend the Services by giving you written notice.
3.6 We will not be liable for any delay or non-performance where you have not provided us with any required information to us. If we suspend the Services under clause 3.5, you do not have to pay for the Services while they are suspended, but this does not affect your obligation to pay any invoices we have already sent to you.
4 Gift cards and codes
4.1 Gift cards and codes cannot be exchanged for cash, or for any Product or Service which is not specified within the gift card or gift email.
4.2 Gift cards and codes for a Premium Plus Membership (“Premium Plus Gift Cards and codes”) provide a membership to the relevant Membership Services described as Premium Plus on the Membership page of the Pink Moods website.
4.5 Premium Plus Gift Cards and codes are valid for the lifetime of the website.
5 Our Digital Goods
5.1 Delivery of Digital Goods will be made through the Pink Moods website.
5.2 Before you download or stream the Digital Goods, we will obtain your consent to the immediate delivery of any and all digital content (although, for the avoidance of doubt, the actual time for delivery shall be subject to the other terms and conditions of this Contract), and once the download or streaming begins you acknowledge that your right to cancel the Contract will be lost.
5.3 Pink Moods is the owner or the licensee of all intellectual property rights in Digital Goods. You may not redistribute, copy, modify, or republish the Digital Goods, or infringe in any other way the intellectual property rights vesting in the same.
6.1 Memberships will be for access to the site for the lifetime of the website (the “Membership Period”) and at the single prices set on our Membership web page, you will only be charged once and no recurring costs will occur.
6.2 The Membership Services are covered by the 2014 EU Consumer Rights Directive (as implemented in the UK) for downloadable “Digital Content”. Since digital resources cannot be returned once accessed, by agreeing to become a member you enter into a Contract for us to supply these resources immediately and you agree that you cannot return them once accessed.
6.3 If you wish to terminate your Membership, you will be able to do this in your Account page on the website or you can write to us by email to email@example.com or by post to Unit 6 Retford Enterprise Centre, Randall Way, Retford, Nottinghamshire DN22 7GR.
7 Use of our site
8 How we use your personal information
9 If you are a consumer
If you are a consumer, you may only purchase Products or Services from our site if you are at least 18 years old.
10 How the contract is formed between you and us
10. 1 Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
10.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order, detailing the Product you have ordered and confirming pricing. If you do not receive this order acknowledgement email within 5 days of placing your order please contact us at firstname.lastname@example.org. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 10.3.
10.3 We will confirm our acceptance to you by sending you an e-mail confirming that your payment has been authorised (Order Confirmation). The Contract between us will only be formed when we send you the Order Confirmation.
10.4 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site as referred to in clause 15.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
11 Our right to vary these Terms
11.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated.
11.2 Every time you order Products or Services from us, the Terms in force at the time of your order will apply to the Contract between you and us.
11.3 We may revise these Terms as they apply to your order from time to time to reflect changes in relevant laws and regulatory requirements.
11.4 If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or Services or just the Products or Services you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
12 Your consumer right of return and refund
12.1 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause . This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive Services or receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund, in accordance with the provisions set out below in clause 12.5. Advice about your legal right to cancel the Contract is available from your local Citizens’ Advice Bureau or Trading Standards office.
12.2 However, this cancellation right does not apply in the case of:
12.2.1 Any Products which have been used or modified following delivery so that they are not in a fully resalable condition
12.2.2 Digital Goods, which are dealt with in clause 5,
12.2.3 Membership Services, as described in clause 6.2.
Your legal right to cancel a Contract for Products or Services starts from the date of the Order Confirmation (the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract for Products ends 14 days after the day on which you receive the Product. Your deadline for cancelling the Contract for Services ends 14 days after the day on which the Contract is entered into.
12.3 To cancel a Contract for Products or Services, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the cancellation form included in our Order Confirmation. Alternatively you may complete the cancellation form annexed to these terms and conditions and send this to us by email to email@example.com or by post to Unit 6 Retford Enterprise Centre, Randall Way, Retford, Nottinghamshire DN22 7GR.
12.4 If you are e-mailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or e-mail us before midnight on that day.
12.5 If you cancel your Contract we will:
refund you the price you paid for the Products or Services. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop (e.g. if the Product is not in a fully resalable condition). If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount. You will receive an email within 14 days following your cancellation request confirming the amount of the refund that will be paid back to you.
refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, if we offer delivery of a Product within 3-5 working days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option. Please note this only applies to cancellation of the complete order; a return of part of your order will not result in the delivery charge refunded. Where products were delivered to addresses outside of the UK and to the Channel Islands, the cost of returning the product to us (including in relation to any duties or taxes that may be payable) is the responsibility of the original recipient of the order.
make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
(a)if you have received the Product 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. For information about how to return a Product to us, see clause 12.8;
(b)if you have not received the Product 14 days after you inform us of your decision to cancel the Contract.
12.6 If you have returned the Products to us under this clause 12 because they are faulty or misdescribed, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us. Products may contain the variations outlined at clause 2 above without being faulty or misdescribed.
12.7 We will refund you via PayPal, which will in turn send the refund to your credit or debit card where you have paid by credit or debit card. If you used vouchers to pay for the Product we may refund you in vouchers. It can take up to 30 working days for the funds to show as a credit in your PayPal account.
12.8 If a Product has been delivered to you before you decide to cancel your Contract:
then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. You can return the Product by post to Unit 6 Retford Enterprise Centre, Randall Way, Retford, Nottinghamshire DN22 7GR;
where you are returning a Product from outside the UK, you must return the Product using a delivery method that is secure and can be tracked;
unless the Product is faulty or not as described (in this case, see clause (b)), you will be responsible for the cost of returning the Product to us. If the Product is one which cannot be returned by post, we estimate that if you use the carrier which delivered the Product to you, these costs should not exceed the sums we charged you for delivery.
Products should be returned in their original packaging. If you do not have this packaging, please contact us at firstname.lastname@example.org or by post at Unit 6 Retford Enterprise Centre, Randall Way, Retford, Nottinghamshire DN22 7GR. to notify them that the product will be returned without the original packaging and comply with any reasonable instructions of the customer services team in relation to packaging the product for return.
12.9Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 12 or anything else in these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
12.10As a consumer, you have legal rights in relation to Services not carried out with reasonable skill and care. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
13 Delivery of Products
13.1 We will contact you with an estimated delivery date. Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 18.3 for our responsibilities when this happens.
13.2 If no one is available at your address to take delivery you will be notified about rearranging delivery. Delivery of an Order shall be completed when we deliver the Products to the address you gave us or you or a carrier organised by you collect them from us and the Products will be your responsibility from that time.
13.3 You own the Products once we have received payment in full, including all applicable delivery charges. The Products will be at your risk from the date of delivery of the Products to you.
13.4 If we miss the estimated delivery date for any Products then you may cancel your Order straight away if any of the following apply:
we have refused to deliver the Products;
delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
you told us before we accepted your order that delivery within the delivery deadline was essential.
13.5 If you do not wish to cancel your order straight away, or do not have the right to do so, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your Order if we do not meet the new deadline.
13.6 If you do choose to cancel your Order for late delivery under clause 13.4or clause 13.5, you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your Order we will refund any sums you have paid to us for the cancelled Products and their delivery.
14 International delivery of Products
14.1 We only deliver Products and supply Services within the UK (including Northern Ireland).
14.2 If you order Digital Goods or Membership Services from our site for delivery to a country outside of the UK and Northern Ireland you must comply with all applicable laws and regulations of the country for which the Digital Services or Membership Services are destined. We will not be liable or responsible if you break any such law.
15 Price of Products and Services and delivery charges
15.1 The prices of the Items will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Items are correct at the time when the relevant information was entered onto the system. However please see clause 15.5 for what happens if we discover an error in the price of Items you ordered.
15.2 Prices for Items may change from time to time, but changes will not affect any order you have already placed.
15.3 The price of an Item includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Item in full before the change in VAT takes effect.
15.4 The price of an Item does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order.
15.5 Our site contains a large number of Items. It is always possible that, despite our best efforts, some of the Items on our site may be incorrectly priced. If we discover an error in the price of an Item you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Item at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Item to you at the incorrect (lower) price.
16 How to pay
16.1 All payments will be made to Pink Moods via PayPal. You will automatically be redirected to the PayPal website for payment during the checkout process.
17 Our liability
17.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
17.2 We only supply Items for domestic and private use. You agree not to use any Item for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
17.3 We do not in any way exclude or limit our liability for:
death or personal injury caused by our negligence;
fraud or fraudulent misrepresentation;
any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
defective products under the Consumer Protection Act 1987.
18 Events outside our control
18.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 18.2.
18.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
18.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
we will contact you as soon as reasonably possible to notify you; and
our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
18.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
19 Communications between us
19.1 When we refer, in these Terms, to “in writing”, this will include e-mail.
19.2 You may contact us by email at email@example.com or by post at Unit 6 Retford Enterprise Centre, Randall Way, Retford, Nottinghamshire DN22 7GR.
20 Alternative dispute resolution
20.1 We do not sell products outside of the UK & Ireland, but for services we want to aid cross border disputes. If you feel you are unable to resolve a dispute with us then we encourage you to look at this information provided here: http://ec.europa.eu/consumers/odr/
20.2 You may also contact us for more information on ADR providers, if you require one, by email at firstname.lastname@example.org or by post at Unit 6 Retford Enterprise Centre, Randall Way, Retford, Nottinghamshire DN22 7GR.
21 Other important terms
21.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you in writing or by posting on this webpage if this happens.
21.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
21.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
21.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
21.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
21.6 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Items through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
21.7 If you are a business, a 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 the law of England and Wales.
21.8 If you are a business, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).
MODEL CANCELLATION FORM
(Complete and return this form only if you wish to withdraw from the contract)
To Pink Moods Limited, Unit 6 Retford Enterprise Centre, Randall Way, Retford, Nottinghamshire DN22 7GR. Email. email@example.com
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate