1. These terms

1.1 What these terms cover

These are the terms and conditions on which we supply products to you, whether these are goods, services or digital content.

1.2 Why you should read them

Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.


2. Information about us and how to contact us

2.1 Who we are

Zenny Middleton trading as Her Unique Glow is a sole trader established in England and Wales. Our address is 9 Sherwood Drive, Crich, Matlock, DE4 5NL, UK.

2.2 How to contact us

You can contact us by telephoning us on 07736 677 956 or by writing to us at hello@heruniqueglow.com.

2.3 How we may contact you

If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

2.4 "Writing" includes emails

When we use the words "writing" or "written" in these terms, this includes emails.


3. Our contract with you

3.1 How we will accept your order

Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.

3.2 If we cannot accept your order

If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.

3.3 Your order number

We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.


4. Our products

Products may vary slightly from their pictures

The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.


5. Your rights to make changes

If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8 - Your rights to end the contract).


6. Our rights to make changes

6.1 Minor changes to the products

We may change the product to implement minor technical adjustments and improvements. These changes will not affect your use of the product.

6.2 Updates to digital content

We may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it.


7. Providing the products

7.1 Delivery costs

The costs of delivery will be as displayed to you on our website.

7.2 When we will provide the products

During the order process we will let you know when we will provide the products to you. If the products are ongoing services or subscriptions, we will also tell you during the order process when and how you can end the contract.

- 7.2.1 If the products are goods

If the products are goods we will deliver them to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order.

- 7.2.2 If the products are one-off services

We will begin the services on the date set out in the order. The completion date for the services is as told to you during the order process.

- 7.2.3 If the product is a one-off purchase of digital content

We will make the digital content available for download by you as soon as we accept your order.

- 7.2.4 If the products are ongoing services or a subscription to receive goods or digital content

We will supply the services, goods or digital content to you until either the services are completed or the subscription expires (if applicable) or you end the contract as described in clause 8 or we end the contract by written notice to you as described in clause 10.

7.3 We are not responsible for delays outside our control

If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.

7.4 If you are not at home when the product is delivered

If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.

7.5 If you do not re-arrange delivery

If, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10.2 will apply.

7.6 When you become responsible for the goods

A product which is goods will be your responsibility from the time we deliver the product to the address you gave us or you collect it from us.

7.7 When you own goods

You own a product which is goods once we have received payment in full.

7.8 Reasons we may suspend the supply of products to you

We may have to suspend the supply of a product to deal with technical problems or make minor technical changes.

7.9 Your rights if we suspend the supply of products

We will contact you in advance to tell you we will be suspending supply of the product. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.


8. Your rights to end the contract

8.1 You can always end your contract with us

Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:

- 8.1.1 If what you have bought is faulty or mis-described you may have a legal right to end the contract

Or to get the product repaired or replaced or a service re-performed or to get some or all of your money back, see clause 11.

- 8.1.2 If you want to end the contract because of something we have done or have told you we are going to do

See clause 8.2.

- 8.1.3 If you have just changed your mind about the product

See clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods.

- 8.1.4 In all other cases (if we are not at fault and there is no right to change your mind)

See clause 8.6.

8.2 Ending the contract because of something we have done or are going to do

If you are ending a contract for a reason set out at 8.2.1 to 8.2.5 below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:

- 8.2.1 We have told you about an upcoming change to the product or these terms which you do not agree to

See clause 6.

- 8.2.2 We have told you about an error in the price or description of the product you have ordered and you do not wish to proceed

- 8.2.3 There is a risk that supply of the products may be significantly delayed because of events outside our control

- 8.2.4 We have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons

or

- 8.2.5 You have a legal right to end the contract because of something we have done wrong

8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013)

For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.

8.4 When you don't have the right to change your mind

You do not have a right to change your mind in respect of:

- 8.4.1 Digital products after you have started to download or stream these

- 8.4.2 Services, once these have been completed, even if the cancellation period is still running

8.5 How long do I have to change my mind?

How long you have depends on what you have ordered and how it is delivered.

- 8.5.1 Have you bought services (for example, health coaching)?

If so, you have 14 days after the day we email you to confirm we accept your order. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.

- 8.5.2 Have you bought digital content for download or streaming (for example, an online program)?

if so, you have 14 days after the day we email you to confirm we accept your order, or, if earlier, until you start downloading or streaming. If we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.

- 8.5.3 Have you bought goods (for example, a planner)?

If so you have 14 days after the day you (or someone you nominate) receives the goods.

8.6 Ending the contract where we are not at fault and there is no right to change your mind

Even if we are not at fault and you do not have a right to change your mind (see clause 8.1), you can still end the contract before it is completed. A contract for goods or digital content is completed when the product is delivered, downloaded or streamed and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end the contract in these circumstances, just contact us to let us know. The contract will not end until after the day on which you contact us. We will refund any advance payment you have made for products which will not be provided to you.


9. How to end the contract with us (including if you have changed your mind)

9.1 Tell us you want to end the contract

To end the contract with us, please let us know by phone or email. Call us on 07736 677 956 or email us at hello@heruniqueglow.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.

9.2 Returning products after ending the contract

If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must post them back to us at 9 Sherwood Drive, Crich, Matlock, DE4 5NL, UK. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.

9.3 When we will pay the costs of return

We will pay the costs of return:

- 9.3.1 If the products are faulty or mis-described

- 9.3.2 If you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.

In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.

9.4 How we will refund you

We will refund you the price you paid for the products including any delivery costs (where applicable), by the method you used for payment. However, we may make deductions from the price, as described below.

9.5 Deductions from refunds if you are exercising your right to change your mind

If you are exercising your right to change your mind:

- 9.5.1 We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way. 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.

- 9.5.2 The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer

- 9.5.3 Where the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.

9.6 When your refund will be made

We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:

- 9.6.1 If the products are goods, your refund will be made within 14 days from the day on which we receive the product back from you. For information about how to return a product to us, see clause 9.2.

- 9.6.2 In all other cases, your refund will be made within 14 days of your telling us you have changed your mind


10. Our rights to end the contract

10.1 We may end the contract if you break it

We may end the contract for a product at any time by writing to you if you do not, within a reasonable time, allow us to deliver the products to you.

10.2 You must compensate us if you break the contract

If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.


11. If there is a problem with the product

11.1 How to tell us about problems

If you have any questions or complaints about the product, please contact us. You can telephone us on 07736 677 956 or write to us at 9 Sherwood Drive, Crich, Matlock, DE4 5NL, UK and hello@heruniqueglow.com.

11.2 Summary of your legal rights

We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.

Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

If your product is goods, for example a planner, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:

  • up to 30 days: if your goods are faulty, then you can get an immediate refund.
  • up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.
  • up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.

See also clause 8.3.

If your product is digital content, for example an online programme, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:

  • if your digital content is faulty, you're entitled to a repair or a replacement.
  • if the fault can't be fixed, or if it hasn't been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back
  • if you can show the fault has damaged your device and we haven't used reasonable care and skill, you may be entitled to a repair or compensation

See also clause 8.3.

If your product is services, for example wellbeing coaching, the Consumer Rights Act 2015 says:

  • you can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it.
  • if you haven't agreed a price beforehand, what you're asked to pay must be reasonable.
  • if you haven't agreed a time beforehand, it must be carried out within a reasonable time.

See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).

11.3 Your obligation to return rejected products

If you wish to exercise your legal rights to reject products you must post them back to us.


12. Price and payment

12.1 Where to find the price for the product

The price of the product (which includes any VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the product you order.

12.2 We will pass on changes in the rate of VAT

If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

12.3 What happens if we got the price wrong

It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.

12.4 When you must pay and how you must pay

We accept payment with all major debit and credit cards and apple pay. When you must pay depends on what product you are buying:

- 12.4.1 For goods, you must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.

- 12.4.2 For digital content, you must pay for the products before you download them

- 12.4.3 For services, you must make an advance payment of 100% of the price of the services, before we start providing them


13. Our responsibility for loss or damage suffered by you

13.1 We are responsible to you for foreseeable loss and damage caused by us

If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.

13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so

This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 11.2; and for defective products under the Consumer Protection Act 1987.

13.3 If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation.

However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

13.4 We are not liable for business losses

We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

13.5 We are the owners of all intellectual property rights in our products and in the material published on them

These works are protected by copyright laws. All such rights are reserved. You may print off a copy, and may download, of any of our products purchased from our site for your own personal use but you must not distribute such products to third parties or allow them to use the same or post the same online, without obtaining permission to do so from us. If you act in breach of these terms, your right to use our site will cease immediately.


14. How we may use your personal information

14.1 How we will use your personal information

We will use the personal information you provide to us:

- 14.1.1 To supply the products to you;

- 14.1.2 To process your payment for the products; and

- 14.1.3 If you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.

14.2 We will only give your personal information to third parties where the law either requires or allows us to do so.


15. Other important terms

15.1 We may transfer this Agreement to someone else

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

15.2 You need our consent to transfer your rights to someone else

You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

15.3 Nobody else has any rights under this contract

This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

15.4 If a court finds part of this contract illegal, the rest will continue in force

Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

15.5 Even if we delay in enforcing this contract, we can still enforce it later

If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

15.6 Which laws apply to this contract and where you may bring legal proceedings

These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

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