Conditions of Sale

By placing your Order, you agree to our Terms and Conditions.

You should print a copy of these Terms (or save them to your computer) for future reference.

We amend these Terms from time to time as set out in clause 7. Every time you wish to order our products, please check these Terms to ensure that you understand the terms which will apply at that time.

These Terms, and any Contract between us, are only in the English language.

1. INFORMATION ABOUT US

1.1 We operate the website www.crunchhq.co.uk. Our company name is Ashworth Marketing Ltd, and we are a company registered in England and Wales under company number 07430906. Our VAT number is 104 1660 60

1.2 To contact us, please see our Contact Us page.

2. OUR SUBSCRIPTION SERVICES

2.1 Marketing services cannot guarantee results. All Return on Investment projections are for illustrative purposes only.

2.2 You may cancel your subscription at any time. The cancellation will take effect from the end of the current billing period.

2.3 Tracking of marketing success requires Google Analytics. CrunchHQ cannot guarantee Google Analytics is available websites developed by 3rd parties

2.4 When installed, you can access your own results in full through Google Analytics at any time.

3. USE OF OUR SITE

3.1 Your use of our Site is governed by the terms of Privacy Policy. Please take the time to read these, as they include important terms which apply to you.

4. HOW WE USE YOUR PERSONAL INFORMATION

4.1 We only use your personal information in accordance with our Privacy Policy. Please take the time to read these, as they include terms which apply to you.

5. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

5.1 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process.

5.2 After you place an order, you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 5.3.

5.3 We will confirm our acceptance to you by sending you an email that confirms your order. The Contract between us will only be formed when we begin this work.

6. OUR RIGHT TO VARY THESE TERMS

6.1 We may revise these Terms from time to time in the following circumstances:
a) Changes in how we accept payment from you;
b) Changes in relevant laws and regulatory requirements.


6.2 Every time you order products from us, the Terms in force at that time will apply to the Contract between you and us.

6.3 Whenever we revise these Terms in accordance with this clause 6, we will keep you informed and give you notice of this by stating that these terms have been amended and the relevant date at the top of this page.

7. YOUR RIGHT OF REFUND

7.1 You have a legal right to cancel a Contract made with us during the period set out below in clause 7.2. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens Advice Bureau or Trading Standards Office. Further details of distance selling regulations and how they apply to you can be found here, https://www.gov.uk/online-and-distance-selling-for-businesses.

7.2 Your legal right to cancel a contract under clause 7.1 starts from the date of payment, which is when the Contract between us is formed. If the services have already commenced, you may cancel at any time through our website.

7.3 In order to cancel a Contract, please log-in to you account a click the CANCEL button locted on teh SUVSCRIPTIONS tab.

7.4 You subscription will be cancelled from the end of the current billing period.

7.5 Any refund given to you will be made via the method used by you to pay us.

7.6 If you are a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 8 or these Terms. Advice about your legal rights is available from your local Citizens Advice Bureau or Trading Standards Office. Distance selling regulations do not apply for Business to Business transactions.

8. PRICE OF PRODUCTS AND DELIVERY CHARGES

8.1 The prices of the Products/Services will be as quoted on our Site from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the Site. However, if we discover an error in the price of any Product you order, please see clause 10.5 for what happens in this event.

8.2 Prices for our Products/Services may change from time to time, but changes will not affect any order which we have confirmed with an Order Confirmation.

8.3 The price of a Product excludes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. VAT (if appropriate) will be added at the time you confirm your order and payment is to be made.

8.4 Our Site contains a large number of Products. It is always possible that despite our reasonable efforts some of the Products on our Site may be incorrectly priced. If we discover an error in the price of the Products that you have ordered we will inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, then we will treat the order as cancelled and notify you in writing.

Please note if the pricing error is obvious and unmistakable and could have reasonably be recognised by you as a mis-pricing, we do not have to provide the Products to you at the incorrect lower price.

9. HOW TO PAY

You may pay for Products using (i) a debit card; (ii) Paypal; or (iii) by BACs; or (iv) by cheque or credit card. We accept Visa and Mastercard.

10. LIABILITY

10.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffered that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious

consequence of our breach or if they were contemplated by both you and us at the time that we entered into the Contract.

10.2 We do not in any way exclude or limit our liability for:
a) death or personal injury caused by our negligence;
b) fraud or fraudulent misrepresentation;
c) any breach of the terms implied by Section 12 of the Sale of Goods Act 1979 relating to title and quiet possession;
d) any breach of the terms implied by Section 13 to 15 of the Sale of Goods Act 1979 relating to description, satisfactory quality, fitness for purpose, and samples;
e) defective products under the Consumer Protection Act 1987.

11. EVENTS OUTSIDE OUR CONTROL

11.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 13.2.

11.2 An Event Outside Our Control means any act or event beyond our reasonable control including, without limitation, loss or delay caused by the postal system or the delivery carrier, strikes, lock-outs, or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport, or other means of public or private transport.

11.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
a) we will contact you as soon as reasonably possible to notify you; and
b) our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the event outside our control is over.

12. COMMUNICATIONS BETWEEN US

12.1 When we refer in these Terms to “in writing” this will include email.

12.2 If you wish to contact us in writing for any other reason, you can send this to us by email or by prepaid post to the address above.

12.3 If we have to contact you or give you notice in writing, we will do so by email or by prepaid post to the address you provided to us in your order.

13. OTHER IMPORTANT TERMS

13.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or obligations under these Terms.

13.2 You may only transfer your rights or your obligations under the Terms to another person if we agree in writing.

13.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms.

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

13.5 If we fail to insist that you perform any of your obligations under these terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligation If we do waive a default by you, we will only do so in writing, and that will not mean that we automatically waive any later default by you.

13.6 Please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our Site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree that the Courts of England and Wales will have non exclusive jurisdiction. However, if you are resident of Northern Ireland, you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.

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