Terms and Conditions

TERMS & CONDITIONS

As I can accept your order or booking and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that you want and that there is nothing that you are not happy with.

The first part refers to Coaching Services, while the second part refers to Purchase of Goods and Services (Online Class) through this shop.

COACHING

APPLICATION

  1. These Terms And Conditions will apply to the booking of services by you (the Client or you). I am Iris Zajac, self-employed in Bristol, UK with email address iris (@) iriszajac.com; (the Coach or I ).
  1. These are the terms on which I offer services to you. By making any Bookings, Free or paid, you agree to be bound by these Terms And Conditions. You can only make bookings from the Website if you are eligible to enter into a contract and are at least 18 years old.

INTERPRETATION

  1. Client means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
  1. Contract or Agreement means the legally-binding agreement between you and us for the deliverance of services
  1. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purpose of the information, and allows the unchanged reproduction of the information stored;
  1. Booking means the customer’s booking of Appointments and Services from the Coach as submitted following the step by step process set out on the Website;
  1. Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;
  1. Website means our website www.iriszajac.com on which the Goods are advertised.

SCHEDULING

As your Coach, I understand that my clients have busy schedules and I take pride in not keeping them waiting or keeping them longer than planned. Each session will end a maximum of 60 minutes after it was scheduled to begin. Please be on time. If the Client needs to cancel or reschedule the appointment, the Client must do so 24 hours in advance; otherwise, the Client will forfeit that appointment and will not have an opportunity to reschedule it.

Each program expires if all sessions have not been completed within two months after the End Date specified above.

PAYMENTS AND REFUNDS

The Client understands that the regular cost of the Program is set according to the listings on www.iriszajac.com

Payment is due in full before the first meeting and may be made using the utilities on the website or by wire transfer. 

In the event of the Client’s absence or withdrawal, for any reason whatsoever, the Client will remain responsible for the pro rata share of the program that has been delivered, plus a cancellation fee of GBP 50 (3 Months), GBP 100 (6 Months). 

The Coach reserves the right to cancel the program if at any point she or he feels it is not advantageous for the coaching program to continue. If this happens, the Client is only responsible for the pro rata share of coaching services received. 

DISCLAIMERS 

The Client understands that the role of the Health Coach is not to prescribe or assess micro- and macronutrient levels; provide health care, medical or nutrition therapy services; or to diagnose, treat or cure any disease, condition or other physical or mental ailment of the human body. Rather, the Coach is a mentor and guide who has been trained in holistic health coaching to help clients reach their own health goals by helping clients devise and implement positive, sustainable lifestyle changes. The Client understands that the Coach is not acting in the capacity of a doctor, licensed dietician-nutritionist, psychologist or other licensed or registered professional, and that any advice given by the Coach is not meant to take the place of advice by these professionals. If the Client is under the care of a health care professional or currently uses prescription medications, the Client should discuss any dietary changes or potential dietary supplements use with his or her doctor, and should not discontinue any prescription medications without first consulting his or her doctor.  

The Client has chosen to work with the Coach and understands that the information received should not be seen as medical or nursing advice and is not meant to take the place of seeing licensed health professionals.

PERSONAL  RESPONSIBILITY AND RELEASE OF HEALTH CARE RELATED CLAIMS

The Client acknowledges that the Client takes full responsibility for the Client’s life and well-being, as well as the lives and well-being of the Client’s family and children (where applicable), and all decisions made during and after this program.  

The Client expressly assumes the risks of the Program, including the risks of trying new foods or supplements, and the risks inherent in making lifestyle changes. The Client releases the Coach from any and all liability, damages, causes of action, allegations, suits, sums of money, claims and demands whatsoever, in law or equity, which the Client ever had, now has or will have in the future against the Coach, arising from the Client’s past or future participation in, or otherwise with respect to, the Program, unless arising from the gross negligence of the Coach.

CONFIDENTIALITY

The Coach will keep the Client’s information private, and will not share the Client’s information to any third party unless compelled to by law. 

ARBITRATION, CHOICE OF LAW, AND LIMITED REMEDIES

All disputes arising out of or in connection with the present Program Agreement shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules.

SHOP

APPLICATION

  1. These Terms And Conditions will apply to the purchase of the goods by you (the Customer or you). We are Iris Zajac, self-employed in Bristol, UK with email address iris (@) iriszajac.com; (the Supplier or us or we).
  1. These are the terms on which we sell all goods and services to you. By ordering any of the Goods And Services, you agree to be bound by these Terms And Conditions. You can only purchase the Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.

INTERPRETATION

  1. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
  1. Contract means the legally-binding agreement between you and us for the supply of the Goods;
  1. Delivery Location means the Supplier’s premises or other location where the Goods are to be supplied, as set out in the Order;
  1. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purpose of the information, and allows the unchanged reproduction of the information stored;
  1. Goods means the goods advertised on the Website that we supply to you of the number and description as set out in the Order; Services refers specifically to the Online Class.
  1. Order means the customer’s order for the Goods and Services from the Supplier as submitted following the step by step process set out on the Website;
  1. Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;
  1. Website means our website www.iriszajac.com on which the Goods and Services are advertised.

GOODS + SERVICES

  1. The description of the Goods is as set out in the Website, catalogues, brochures or other forms of advertisement. Any description is for illustrative purpose only and there may be small discrepancies in the size and colour of the Goods supplied.
  1. In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
  1. All Goods which appear on the Website are subject to availability.
  1. We can make changes to the Goods And Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.

PERSONAL INFORMATION

  1. We retain and use all information strictly under the Privacy Policy.
  1. We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.

BASIS OF SALE

  1. The description of the Goods and Services on our website does not constitute a contractual offer to sell the Goods And Services. When an order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
  1. The order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
  1. A contract will be formed for the sale of Goods and Services ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order doesn’t contain any errors. Confirmation is completed and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within the reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.
  1. Any quotation is valid for a maximum period of 14 days from its date unless we expressly withdraw it at an earlier time.
  1. No Variation of the Contract, whether about the description of the Goods, Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
  1. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, eg by giving you rights as a business.

PRICE AND PAYMENT

  1. The price of the Goods and Services and any additional delivery or other charges is that set out on the Website at the date of the Order or such other prices as we may agree in writing.
  1. Prices and charges include VAT at the rate applicable at the time of the Order.
  1. You must pay by submitting your credit or debit card details with your Order and we can take payment immediately otherwise before delivery of the Goods.

DELIVERY

  1. We will deliver the Goods, to the Delivery Location by the time or within the agreed period or, or failing any agreement, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into. The Online Class is Delivered upon payment through the online portal.
  1. In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
  1. we have refused to deliver the Goods or Services, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made the delivery on time was essential; or
  1. after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
  1. If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
  1. If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them to us or allow us to collect them from you and we will pay the costs of this.
  1. If any Goods and Services form a commercial unit (a unit is a commercial unit if the division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods and Services without also cancelling or rejecting the Order for the rest of them.
  1. You are responsible for any import duties or other taxes, that occur in the process of shipment. We will not pay for any such fees, if your country requires import duties.
  1. You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
  1. If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
  1. The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.

RISK AND TITLE

  1. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
  1. You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.

WITHDRAWAL AND CANCELLATION

  1. You can withdraw the Order by telling us before the Contract is made if you simply wish to change your mind and without giving us a reason, and without incurring any liability
  1.  Please note, that the Online Class is Delivered Upon Payment. Since all of the Course Content is Available to the Customer upon Delivery, A Refund will not be possible or permitted.

39. This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply, to a contract for the following goods (with no others) in the following circumstances:

  1. goods that are made to your specifications or are clearly personalised;
  1. goods which are liable to deteriorate or expire rapidly.
  1. Also. the Cancellation Rights for a Contract cease to be available in the following circumstances:
  1. in the case of any sales contract, if the goods become mixed inseparably (according to their nature) with other items after delivery.

RIGHT TO CANCEL

  1. Subject as stated in these Terms and Conditions, you can cancel a contract concerning delivery of goods within 14 days without giving any reason.
  1. The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than a carrier indicated by you, acquires physical possession of the last of the Goods. In a contract for the supply of goods over time (ie subscription), the right to cancel will be 14 days after the first delivery.
  1. To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (eg a letter sent by post, fax or email). You can use the attached model cancellation form, but it is not obligatory. In any event, you must be able to show clear evidence of when the cancellation was made, so you may decide to use the model cancellation form.
  1. You can also electronically fill in and submit the model cancellation form or any other clear statement of the Customer’s decision to cancel the Contract on our website www.iriszajac.com. If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation in a Durable Medium (eg by email) without delay.
  1. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
  1. A Purchase of an Online Course Program cannot be cancelled as all content is delivered upon payment.

Effects of cancellation in the cancellation period

  1. Except as set out below, if you cancel this Contract, we will reimburse to you all payments received from you, (except delivery cost).

Deduction for Goods supplied

  1. We may take deduction from the reimbursement for loss in value of any Goods supplies, if the loss is the result of unnecessary handling by you (ie handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods: eg it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.

Timing of reimbursement

  1. If we have not offered to collect the Goods, we will make the reimbursement without undue delay, and not later than:
  1. 14 days after the day we receive back from you any Goods supplied, or
  1. (if earlier) 14 days after the day you provide evidence that you have sent back the Goods.
  1. If we have offered to collect the Goods or if no Goods were supplied, we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Contract.
  1. We will make the reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
  1. If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods or hand them over to us at 177 Cheltenhamroad BS75 RH, Bristol without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the Goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Goods.
  1. For the purposes of these Cancellation Rights, these words have the following meanings:
  1. distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;
  1. sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.

CONFORMITY AND GUARANTEE

  1. We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
  1. Upon delivery, the Goods will:
  1. be of satisfactory quality;
  1. be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgement) and be for any purpose held out by us or set out in the Contract; and
  1. conform to their description.
  1. It is not a failure to confirm if the failure has its origin in your materials.
  1. We will immediately, or within a reasonable time, give you a benefit of the free guarantee given by the manufacturer of the Goods. Detail of the guarantee, including the name and address of the manufacturer, the duration and territorial scope of the guarantee, are set out in the manufacturer’s guarantee provided with the Goods. This guarantee will take effect at the time the Goods are delivered, and will not reduce your legal rights.
  1. We will provide the following after-sales service: Any unworn, unused faulty goods can be returned within 14 days after the purchase.

SUCCESSORS AND OUR SUB-CONTRACTORS

  1. In the event of any failure by a party because of something beyond its reasonable control:
  1. the party will advise the other party as soon as reasonably practicable; and
  1. the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to the delivery and any right to cancel, below.

EXCLUDING LIABILITY

  1. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier’s other legal obligations.  Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss or profit) to the Customer’s business, trade, craft or profession which would not be suffered by a Consumer – because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.

GOVERNING LAW, JURISDICTION AND COMPLAINTS

  1. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
  1. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
  1. We try to avoid any dispute, so we deal with complaints in the following way: If a dispute occurs should contact us to find a solution. We will aim to respond with an appropriate solution within 5 days.

ATTRIBUTION

  1. These terms and conditions were created using a document from Rocket Lawyer (http://www.rocketlawyers.co.uk).

PRE ORDER

  1. When placing a Pre-Order from Iris Zajac, you will be required to provide certain information, such as your address and billing information. You represent and warrant that all such information is accurate, and you shall ensure that such information is kept current. Iris Zajac shall have no responsibility or liability for inaccurate information or information that later becomes outdated, and shall have no obligation to make efforts to determine the correct contact or shipping information. You can update your information at any time prior to your product being shipped by sending an e-mail to iris ( @ ) iriszajac.com.
  1. You will be charged the full price at the time of placing the Pre-Order. Your items will be shipped four to six weeks after you’ve placed your order. If Iris Zajac is unable to meet this timetable, we will offer you the option to continue waiting, or receive a full refund.

MODEL CANCELLATION FORM

To

Iris Zajac

BS6 5RH

Bristol, UK

Email address: iris ( @) iriszajac.com