What information do we collect?
We collect information from you when you register on our site, place an order, subscribe to our newsletter, respond to a survey or fill out a form. When ordering or registering on our site, as appropriate, you may be asked to enter your: name, e-mail address, mailing address, phone number or credit card information. You may, however, visit our site anonymously.
What do we use your information for?
Any of the information we collect from you may be used in one of the following ways:
To personalize your experience (your information helps us to better respond to your individual needs.
To improve our website (we continually strive to improve our website offerings based on the information and feedback we receive from you)
To improve customer service (your information helps us to more effectively respond to your customer service requests and support needs)
To process transactions
Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested.
To administer a contest, promotion, survey or other site feature.
To send periodic emails
The email address you provide for order processing, may be used to send you information and updates pertaining to your order, in addition to receiving occasional company news, updates, related product or service information, etc.
Note: If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.
How do we protect your information?
We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information. We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential. After a transaction, your private information (credit cards, social security numbers, financials, etc.) will not be stored on our servers.
Do we disclose any information to outside parties?
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Third party links
Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
Posting in our membership area
Users of the site’s membership posting areas agree not to post any material which is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of any individual’s privacy or otherwise in violation of any law. Users agree not to post any copyrighted material unless they are the owner’s of the copyright. Users remain solely responsible for the content of their posts, and agree to indemnify and hold Wendy Byard harmless with respect to any claim based upon the transmission of their post(s). As a user of a membership posting area, in the event of a complaint or legal action arising from any posted message, Wendy Byard reserves the right to reveal your identity (or any other information about you in our hands). Wendy Byard does not vouch for or warrant the accuracy, completeness or usefulness of any post, and is not responsible for the contents of any post. The messages posted express the views of the author of the message and not necessarily the views of Wendy Byard
As a user of our membership posting areas: (a) you automatically grant to Wendy Byard a nonexclusive, royalty-free license to use, modify, copy, distribute, transmit, publicly display, publicly perform, publish, adapt, create derivative works of, transfer or sell any such content, for any purpose whatsoever, including, without limitation, a commercial purpose, without any compensation to you; and (b) you agree that you will not publish, submit, or display such content to or on any other commercial travel-related web-site or on-line service without Wendy Byard’s. prior written consent, which consent may be withheld by Wendy Byard in its discretion. Wendy Byard serves the right to edit or delete messages prior to their appearance on the site. Any user who feels that a posted message is objectionable is encouraged to contact Wendy Byard immediately.
Terms and Conditions.
Please also visit our Terms and Conditions section establishing the use, disclaimers, and limitations of liability governing the use of our website
TERMS AND CONDITIONS AND DISCLAIMERS
THE SMALL PRINT
Everyone visiting our site agrees that both accessing and using it are subject to these terms and conditions, as well as any other applicable law.
If you don’t agree to our terms, please don’t access or use our website.
Thank you ♥
All of the content on our site, including (but not limited to) text, graphics or code, is our intellectual property and the copyright of Almost Perfect. The collective work includes works that are licensed to us. We’ll grant permission to electronically copy and print hard copy portions of our site only if you’re placing an order with us or purchasing products that Almost Perfect retail. You’re free to display and – as long as there aren’t any clear restrictions or limitations on specific material – download or print parts of our content from different areas of our site, but only for your own non-commercial use, to place an order with us or to buy our products. All other uses are not allowed, unless you’ve got the thumbs up from Almost Perfect. That includes (but isn’t limited to) the reproduction, distribution, display or transmission of any content on our site. You’re also agreeing not to change or delete any proprietary notices from anything you’ve downloaded from our site.
Should you need to reach out to us, you can do so here: email@example.com
All the Almost Perfect trademarks, service marks and trade names we’ve used on our site are trademarks or registered trademarks of Almost Perfect.
Our website, along with the materials and products on it, are provided "as is" – that’s without any kind of warranties, whether they’re clearly stated or implied.
As far as we can, according to the relevant laws, we (Almost Perfect) don’t support any warranties, whether they’re clearly stated or implied. That’s including (but not limited to) implied warranties of what’s known as “merchantability”, the fitness for a particular purpose and non-infringement.
We also don’t promise or guarantee that our website’s functions will always be uninterrupted or error-free, that any problems will be corrected, or that our site (or the server that makes the site available) are squeaky clean when it comes to viruses or other nasties. We don’t make any warranties or promises about the use of our content as to its correctness, accuracy, adequacy, usefulness, timeliness, reliability or anything else. Also, some countries don’t allow limitations or exclusions on warranties, so these limitations might not apply to you.
We at Almost Perfect aren’t liable for any special or consequential damages or loss of profits that come from using, or the inability to use, any materials on our site, or the performance of the products we retail, even if we’ve been told that damages are somehow possible. Some laws may not allow liability to be excluded in this way, so the above might not apply to you.
TYPOS AND ERRORS
If we make a mistake and list a product at the wrong price, we reserve the right to refuse or cancel any orders that have been placed for that product at the wrong price. We also reserve the right to refuse or cancel those orders, whether or not the order’s been confirmed and the buyer’s card has been charged. Don’t worry, though! If you’ve already been charged for your purchase and we cancel your order, we’ll credit your card with the amount you paid.
TERMS AND TERMINATIONS
These terms and conditions apply as soon as you access the Almost Perfect website and/or when you complete our registration form or shopping process. We can amend these terms and conditions, or any part of them, without giving notice, at any time and for any reason. If we do amend them, our provisions about copyrights, trademark, disclaimer, limitation of liability, indemnification and everything else all still apply anyway.
We at Almost Perfect might send you a notice by email to the address you’ve given us, by posting a general notice on the site, or in another reliable way.
It goes without saying that any type or form of harassment on our site isn’t permitted. That includes harassment by email, chat, or obscene or abusive language. We also don’t allow people to impersonate others, including Almost Perfect or other licensed employees, hosts, or representatives, as well as other members or visitors of our site. We ask that you don’t upload to, distribute or publish any content through our site that’s libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable. Or anything that might be or encourage a criminal offence, violate anyone’s rights, make anyone liable or violate any law. Please don’t upload commercial content on our site or use our site to ask others to join or become members of any other commercial online service or organisation.
At Almost Perfect, we simply can’t review all the communications and materials posted to our site and social media pages or created by our site’s users, so we’re not responsible in any way for the content of these communications and materials. When you use our site, you agree that, by giving you the ability to view and distribute user-generated content on the site, we’re merely acting as what’s known as “a passive conduit” for this kind of distribution and we’re not undertaking any obligation or liability for any content or activity on our site. However, we do reserve the right to block or remove communications or materials that we think are (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) violating a copyright, trademark or intellectual property right of another or (d) offensive or otherwise unacceptable to us. This is all at our discretion.
If we’re faced with any legal action against us that results from negligent or wrongful activity by you, or by anyone else accessing your internet account, or which violates these terms, you agree to indemnify, defend, and hold harmless Almost Perfect and its service providers* against all financial loss or damage. This would include expenses, damages and reasonable solicitors’ fees.
* That’s our officers, directors, employees, agents, licensors and suppliers.
MEET OUR FRIENDS
To help us give you the best experience possible, we sometimes link to useful sites run by third parties. Even if the third party is affiliated with Almost Perfect, we don’t have any control over these linked sites – that’s because they all have their own privacy and data collection practices, which are independent of Almost Perfect. We only link to these sites for your convenience, so you access them at your own risk. We do want to make sure we’re doing our best, so we always love to hear your feedback on our own website and any sites we link to, even if it’s just that a particular link isn’t working.
You can reach out to us at firstname.lastname@example.org
Your use of our website is governed (in all respects!) by English law and the courts of England and Wales have the exclusive jurisdiction over all disputes and claims arising in connection with your use of the website. So, you’re agreeing that jurisdiction over and venue in any legal proceeding which arises (directly or indirectly) out of or relating to our site (including, but not limited to, buying products that Almost Perfect retail) is in English law and the courts of England and Wales should have exclusive jurisdiction over any claims arising therefrom. Any cause of action or claim you may have about our site (including, but not limited to, buying products that Almost Perfect retail) has to start up to one (1) year after the claim or cause of action happens. If we don’t insist on or enforce strict performance of any part of these terms and conditions, that doesn’t mean it’s a waiver of any provision or right. These terms and conditions won’t be affected or modified in any way by our course of dealing with one another, or by any kind of trade customs or practices. We can always assign our rights and duties under this Agreement to anyone else, at any time, without letting you know.
OUR OPINIONS AND ADVICE
All the opinions and views you’ll read on our Almost Perfect website (including our blog) are only for your information. Our information can always change without any notice and we can’t guarantee that it’ll be complete, correct or up-to-date at any time. Of course, we’ve made every effort to make sure we’ve represented the products on our website as accurately we possibly can – but please note that differences in computer screens and personal interpretation mean that colours and textures can vary.
While we love to give beauty, style and lifestyle advice, we’re not able to give medical advice. Please don’t take our information or opinions as substitutes for professional medical advice. The information on ingredients in our cosmetic products isn’t intended to be (and shouldn’t be interpreted as) advice or recommendations about the use of any cosmetic product. If you have any questions about how to use a cosmetic product on our website, it’s best to check the label on the product and talk it over with your doctor. Jewellery that Almost Perfect retail isn’t recommended for little ones under the age of 10 years old.
This bit’s really important – we at Almost Perfect can’t and won’t give medical advice or comment at all. So, if you’ve got a medical condition, or you develop a medical condition after using any product in our blog or on this website, please be sure to get professional medical advice immediately.
We’re not responsible for any allergic reaction to any jewellery or cosmetic products we sell on our website, in this very unlikely event. Please be sure to read the product label before using.
As far as we can, according to the relevant laws, everything on our website is provided "as is" – that’s without any kind of warranties, whether they’re clearly stated or implied. We can’t accept any responsibility or liability at all for any interruptions or errors in our website, whether they’re because of our own actions or slip-ups or that of a third party.
We also can’t take responsibility, and won’t be liable for, any damages to, or viruses that might infect, your computer equipment or other property because you’ve accessed, used or browsed our website, or downloaded any of our content, data, text, images, video or audio.
TERMS AND CONDITIONS OF SALE
1 THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we supply products to you.
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. We are Almost Perfect
2.2 How to contact us. You can contact us by writing to us at email@example.com. If you are contacting us about your order, please include your order number or delivery address in your email.
2.3 How we may contact you. If we have to contact you we will do so by writing to you at the email address or postal address you provided to us in your order, or by telephone if we have a number for you.
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 confirming your order has been processed, 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 and will refund 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 we have agreed with you.
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.
4 OUR PRODUCTS
4.1 Our products are as described on the relevant product page. The description of products is contained on the relevant product page on the shop section of this website. No other description, including content from our blog, tutorials or videos, shall be binding on us.
4.2 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.
4.3 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
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 7 – Your rights to end the contract).
6 PROVIDING THE PRODUCTS
6.1 Delivery costs. The costs of delivery will be as displayed to you on the checkout page.
6.2 When we will provide the products. We will include estimated delivery dates in our email confirming your order. Where we are dispatching products to addresses outside the UK, this is a rough estimate only as many factors could delay your order. For more information on how long delivery typically takes, please see the delivery section on the product page, however the estimate given in the email confirming your order will take precedence.
6.3 When will an order be considered late? A delivery will only be considered late for the purposes of these terms where delivery has exceeded twice the delivery estimate we gave you in the email confirming your order.
6.4 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 delay significantly beyond twice the delivery estimate you were given in the email confirming your order, may contact us to end the contract and receive a refund for any products you have paid for but not receive.
6.5 If you are not at home when the product is delivered. If our delivery partner is unable to deliver the product to you (including where you have failed to contact them to re-arrange delivery where they have asked you to), and the product is returned to us, we will contact you to make alternative arrangements.
6.6 If you do not make alternative arrangements where a product has been returned to us. If the product is returned to us and we are unable to make alternative arrangements with you despite our reasonable efforts, we may end the contract.
6.7 Your legal rights if we deliver goods late. You have legal rights if we deliver products late (see clauses 6.3 and 6.4). If we deliver a product late, then you may treat the contract as at an end straight away if any of the following apply:
6.7.1 we have refused to deliver the product;
6.7.2 delivery within the delivery deadline was essential (taking into account all the relevant circumstances known to us); or
6.7.3 you told us before we accepted your order that delivery within the delivery deadline was essential.
6.8 Setting a new deadline for delivery. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 6.7, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
6.9 Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under clause 6.7 or clause 6.8, you can cancel your order for any of the goods or reject goods that have been delivered. If you wish, you can reject or cancel the order for some of those goods (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled goods and their delivery. If the goods have been delivered to you, you must post them back to us at your cost. Please download a returns form from our website or email us at firstname.lastname@example.org to request one.
6.10 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.
6.11 When you own goods. You own a product once it has been delivered to you and we have received payment in full.
7 YOUR RIGHTS TO END THE CONTRACT
7.1 You can always end your contract with us. Your rights when you end the contract will depend on the circumstances, but you must always return the goods to us if and when you receive them (see clause 8):
7.1.1 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 to get some or all of your money back), see clause 10;
7.1.2 If you want to end the contract because of something we have done or have told you we are going to do, see clause 7.2;
7.1.3 If you have just changed your mind about the product, see clause 7.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;
7.1.4 In all other cases (if we are not at fault and there is no right to change your mind), see clause 7.6.
7.2 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 7.2.1 to 7.2.3 inclusive below, the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:
7.2.1 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;
7.2.2 there is a risk that supply of the products may be significantly delayed because of events outside our control (see clause 6.4);
7.2.3 you have a legal right to end the contract because of something we have done wrong (including because we have delivered late (see clause 6.3, 6.4 and 6.7)).
7.3 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.
7.4 When you don't have the right to change your mind. You do not have a right to change your mind in respect of products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them.
7.5 How long do I have to change my mind? For any goods you have bought you have 14 days after the day you (or someone you nominate) receives the goods, unless your goods are split into several deliveries over different days, in which case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.
7.6 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 7.1), you can still end the contract. If you want to end a contract where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
8 HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
8.1 Where you don’t have goods to return. If the goods have not been dispatched to you or you have not yet received them, and you wish to end the contract with us, please tell us by doing one of the following:
8.1.1 Email us at email@example.com. Please provide your name, home address, details of the order and, where available, your phone number.
8.2 Where you have goods to return. If you wish to end the contract and you have received goods from us (see clause 7), including where you wish to exercise your right to change your mind, you can simply return the goods using the returns method below and the contract will be treated as at an end when you post the goods to us. If you otherwise end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. To return goods you must:
8.2.1 Email us at firstname.lastname@example.org for a returns form.
8.2.2 Post the goods back to us, in suitable packaging to avoid damage
8.3 When we will refund the costs of return. We will refund the costs of return that you have paid:
8.3.1 if the products are faulty or mis-described; or
8.3.2 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 significant delay in delivery due to events outside our control (see clause 6.4) 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 change your mind) you will not be refunded the costs of return.
8.4 How we will refund you. We will refund you the price you paid for the products, including delivery, and the price you paid to return the products (where applicable, see clause 8.3), by the method you used for payment. However, we may make deductions from the price, as described below.
8.5 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
8.5.1 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 which would not be permitted in a shop or by your not using suitable packaging to return them. 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.
8.5.2 The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 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.
8.6 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:
8.6.1 If the products were dispatched to you, your refund will be made within 14 days from the day on which we receive the products back from you or, if earlier, the day on which you provide us with evidence that you have sent the products back to us. For information about how to return a product to us, see clause 9.2.
8.6.2 In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
9 OUR RIGHTS TO END THE CONTRACT
9.1 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 IF THERE IS A PROBLEM WITH THE PRODUCT
10.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can write to us at email@example.com.
10.2 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 beauty or fashion products, 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:
a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.
b) Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.
c) 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 7.3 (Exercising your right to change your mind (Consumer Contracts Regulations 2013)).
10.3 Your obligation to return rejected products. If you wish to return or reject products in accordance with these terms, you must post them back to us. We will pay the costs of postage in the circumstances described in clause 8.3. Please email us at firstname.lastname@example.org for a return label.
11 PRICE AND PAYMENT
11.1 Where to find the price for the product. The price of the product will be the price indicated on the order pages when you placed your order. We use our best efforts to ensure that the price of the product advised to you is correct. However please see clause 11.4 for what happens if we discover an error in the price of the product you order.
11.2 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.
11.3 The price of products is calculated in GBP. We calculate the price of products in British pounds sterling (GBP) at the time you place your order, meaning where you order in another currency, the price is based on the relevant exchange rate on that date. Therefore, for the purposes of clause 11.4 a price will not be incorrect because of a currency fluctuation since you placed your order.
11.4 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.
11.5 When you must pay and how you must pay. We accept payment with Visa, MasterCard and PayPal. Payment must be made at the time you place your order.
11.6 What happens if my payment does not go through? Depending on how you pay, it may sometimes initially appear that your payment has gone through, but we later discover it has not. Where this happens, we will contact you to arrange alternative payment, and you must pay for the product immediately when we do so.
12 OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
12.1 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. 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, for example, if you discussed it with us during the sales process.
12.2 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 10.2; and for defective products under the Consumer Protection Act 1987.
12.3 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 HOW WE MAY USE YOUR PERSONAL INFORMATION
14 OTHER IMPORTANT TERMS
14.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 7 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.
14.2 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. We may not agree if doing so would increase our costs or the risk to our business.
14.3 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.
14.4 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.
14.5 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. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
14.6 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.
14.7 Alternative dispute resolution. Please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform as an alternative to court.
Retreat related Terms of Service:
The Legal Upswing: (Wendy Byard) run this site and would love for you to use it. This site and related services are designed to educate and assist you in your transformational process, and we encourage you to express yourself freely. However, be responsible in what you write, and please be respectful.
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. The Website is available only to individuals who are at least 16 years old.
Any cancellation will result in a total loss of the £250 deposit. Any cancellation made after 1st April 2023 will result in a total loss of funds. We reserve the right to cancel the trip if it is not meeting the trip minimum (if we do so your deposit is refunded in full). Trip cancellation insurance is always recommended whenever making travel plans. You can use Globelink online and choose from several policy options.
No Professional Advice Disclaimer
The information contained in or made available through this website (including but not limited to information shared on this retreat or in teleclasses) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical, psychological, or legal matters. In particular, you should regularly consult a doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention. We and our licensors or suppliers make no representations or warranties concerning any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through the Site. Neither we nor our partners, or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death. You alone are responsible and accountable for your decisions, actions and results in life, and by your use of the Sites, you agree not to attempt to hold us liable for any such decisions, actions or results, at any time, under any circumstance.
We appreciate you joining us on this journey to Italy, and so we’ve taken every effort to ensure we accurately represent our events, classes, journeys, retreats and teleclasses, and their potential to help you grow spirituality and personally. However, there is no guarantee that you will reach enlightenment, change your mental status, heal a terminal illness, or change anything in your life. Nothing on our website is a promise or guarantee of such changes. Your level of success in attaining similar results is dependent upon a number of factors including your skill, knowledge, ability, dedication, self-honesty, patience, openness, and tenacity. Because these factors differ according to individuals, we cannot guarantee your success. You alone are responsible for your actions and results in life. Any forward-looking statements outlined on our website are simply our opinion and thus are not guarantees or promises for actual outcomes. No guarantees are made that you will achieve any results from our ideas or models presented on our website, and we offer no professional legal, medical, psychological or financial advice.
The personal experiences by user comments and testimonials on our website are not a guarantee of what you should expect to experience. Although Wendy Byard accepts all testimonials in good faith, she has not independently examined the specific personal results of any of our journeys, retreats, teleclasses and video participants, and therefore has not verified the any specific experiences, improvements, changes or results quoted therein. These results may or may not be typical, and your results or experiences, if any, will vary and there is a risk that you will not make any changes at all, or experience what you believe you should experience. Again, whatever changes in your life that you make as a result of our journeys, retreats, teleclasses and videos is totally up to you based on the factors stated in the Guarantees Disclaimer above.
Responsibility of Website Visitors:
Wendy Byard has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Wendy Byard disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites:
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which www.almostperfect.me links. Wendy Byard does not have any control over those websites and webpages, and is not responsible for their contents or their use. By linking to another website or webpage, Wendy Byard does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Wendy Byard disclaims any responsibility for any harm resulting from your use of non www.alostperfect.me websites and webpages.
Copyright Infringement and DMCA Policy:
As Wendy Byard asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by www.almostperfect.me violates your copyright, you are encouraged to notify Wendy Byard in accordance with Wendy Byard’s Digital Millennium Copyright Act (“DMCA”) Policy. Wend Byard will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Wendy Byard will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Wendy Byard or others. In the case of such termination, Wendy Byard will have no obligation to provide a refund of any amounts previously paid to Wendy Byard.
The www.almostperfect.me site and its original content, features and functionality are owned by Wendy Byard. and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Wendy Byard or third-party trademarks.
Wendy Byard reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Wendy Byard may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement. The latest change: April 9th, 2021.
We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Disclaimer of Warranties:
The Website is provided “as is”. Wendy Byard and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Wendy Byard nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Limitation of Liability:
In no event will Wendy Byard or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Wend Byard under this agreement during the twelve (12) month period prior to the cause of action. Wendy Byard shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty:
You agree to indemnify and hold harmless Wendy Byard its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
Thank you so much to the good folks at Automattic who have made their more comprehensive Terms of Service available under a Creative Commons Sharealike license, which means that you can borrow some or all of their wording for your own Terms of Service. That’s exactly what we did.