Terms of Business

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You  can find everything you need to know about us, Fashionwidower, and our  products on our website before you order. We also confirm the key  information to you in writing before you order, either by email, in your  online account or on paper.

For  example, business customers can’t cancel their orders, they have  different rights where there is a problem with a product and we don’t  compensate them in the same way for losses caused by us or our products.  Where a term applies just to businesses or just to consumers, this is  clearly stated. You are a business customer if you are buying products  wholly or mainly for use in connection with your trade, business, craft  or profession, even if you are an individual.

If you are a business customer this is our entire agreement with you

If  you are a business customer these terms constitute the entire agreement  between us in relation to your purchase. You acknowledge that you have  not relied on any statement, promise, representation, assurance or  warranty made or given by us or on our behalf which is not set out in  these terms and that you have no claim for innocent or negligent  misrepresentation [or negligent misstatement] based on any statement in  this agreement.

We only accept orders when we’ve checked them

We  contact you to confirm we’ve received your order and then we contact  you again (normally within 48 hours) to confirm we’ve accepted it to  you.

Sometimes we reject orders

Sometimes  we reject orders, for example, because you are located outside the UK,  as stated on our website and in our marketing or because the product was  mispriced by us. When this happens, we let you know as soon as possible  and refund any sums you have paid.

We charge you when we accept your order

We  charge you 50% of the cost of the Services on booking, with the balance  being due 7 days before your consultation as explained to you during  the order process.

If you are a business customer you have no set-off rights

If  you are a business customer you must pay all amounts due to us under  these terms in full without any set-off, counterclaim, deduction or  withholding (other than any deduction or withholding of tax as required  by law).

We charge interest on late payments

If  we’re unable to collect any payment you owe us we charge interest on  the overdue amount at the rate of 8% a year above the Bank's  base rate from time to time. This interest accrues on a daily basis from  the due date until the date of actual payment of the overdue amount,  whether before or after judgment. You pay us the interest together with  any overdue amount.

We pass on increases in VAT

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

We’re not responsible for delays outside our control

If  our supply of your product is delayed by an event outside our control,  such as epidemic or pandemic, we contact you as soon as possible to let  you know and do what we can to reduce the delay. As long as we do this,  we won’t compensate you for the delay, but if the delay is likely to be  substantial you can contact us to end the contract and receive a refund  for any products you have paid for in advance, but not received, less  reasonable costs we have already incurred.

We charge you if you don’t give us information we need or do preparatory work as agreed with us

We  charge you additional sums if you don’t give us information we’ve asked  for about how we can access your property for delivery, installation or  to provide services or if you don’t do preparatory work for  installation, as agreed with us. For example, we might need to  reschedule services.

You must give us reasonable notice if you cannot attend a pre-booked consultation.

If  you are a business client, if you cancel a pre-booked consultation you  will still be liable for the full cost of the service regardless of when  you booked and cancelled.

If you are a consumer, you have 7 days  from booking your consultation to cancel your consultation and receive a  full refund, any refund given after this point is at our complete  discretion.

If you are a consumer and you bought online, over the telephone you have a legal right to change your mind.

Your legal right to change your mind.  For most of our products bought online, you have a legal right to  change your mind about your purchase and receive a refund of what you  paid for it, including the delivery costs. This is subject to some  conditions, as set out below.

When you can’t change your mind. You can’t change your mind about an order for:

• digital products, after you have started to download or stream these;
• services, once these have been completed;
• products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
• sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them;
• goods that are made to your specifications or are clearly personalized; and
• goods which become mixed inseparably with other items after their delivery.

The deadline for changing your mind. If you change your mind about a product you must let us know no later than 7 days after:

• the day we deliver your product, if it is goods,  for example a clothing. If the goods are for regular delivery (for  example, a subscription), you can only change your mind after the first  delivery. If the goods are split into several deliveries over different  days, the period runs from the day after the last delivery.
• the day we confirm we have accepted your order, if it is for a service, for example a consultation.
• the day we confirm we have accepted your order, if it is for digital content for download or streaming (for  example, our Pocket Stylist E-book), although you can’t change your  mind about digital content once we have started providing it.

How to let us know. To let us know you want to change your mind, contact us via email at: fashionwidower@fashionwidower.com

You have to pay for services you received before you change your mind.  If you bought a service (such as consultations) we don’t refund you for  the time you were receiving it before you told us you’d changed your  mind.

When and how we refund you. If your product  is a service, digital content or goods that haven’t been delivered or  that we’re collecting from you, we refund you as soon as possible and  within 7 days of you telling us you’ve changed your mind. If your  product is goods that you’re sending back to us, we refund you within 14  days of receiving them back from you (or receiving evidence you’ve sent  them to us). We refund you by the method you used for payment. We don’t  charge a fee for the refund.

You can end an on-going contract (find out how)

We  tell you when and how you can end an on-going contract with us (for  example, for regular services or a subscription to digital content or  goods) during the order process and we confirm this information to you  in writing after we’ve accepted your order. If you have any questions,  please contact us via email at: fashionwidower@fashionwidower.com

You have rights if there is something wrong with your product

Return the product to us. If you think there is something wrong with your product, you must contact us via email at: fashionwidower@fashionwidower.com

Your rights and remedies if you are a consumer.  We honor our legal duty to provide you with products that are as  described to you on our website and that meet all the requirements  imposed by law. Your legal rights are summarized below. These are  subject to certain exceptions. 

We can end our contract with you

We can end our contract with you for a product and claim any compensation due to us if:

• you  don’t make any payment to us when it’s due and you still don’t make  payment within 7 days of our reminding you that payment is due;
• you don’t, within a reasonable time of us asking for it, provide us  with information, cooperation or access that we need to provide the  product, for example, the client profile form;
• you don’t, within a reasonable time, either allow us to deliver the product to you.

We don’t compensate you for all losses caused by us or our products

Our liability to consumers. We’re responsible for losses you suffer caused by us breaking this contract unless the loss is:

• Unexpected.  It was not obvious that it would happen and nothing you said to us  before we accepted your order meant we should have expected it (so, in  the law, the loss was unforeseeable).

• Caused by a delaying event outside our control. As long as we have taken the steps set out in the section We’re not responsible for delays outside our control.

• Avoidable. Something you could have avoided by  taking reasonable action. For example, damage to your own digital  content or device, which was caused by digital content we supplied and  which you could have avoided by following our advice to apply a free  update or by correctly following the installation instructions or having  the minimum system requirements advised by us.

• A business loss. Our liability for any loss you  suffer in connection with your trade, business, craft or profession is  limited, as described in Our liability to businesses.

Our liability to businesses. If you’re a business, then, except in respect of the losses described in Losses we never limit or exclude:

• we  shall not be liable to you, whether in contract, tort (including  negligence), breach of statutory duty, or otherwise, for any loss of  profit, or any indirect or consequential loss arising under or in  connection with any contract between us; and

• our total liability to you for all other losses arising under or in  connection with any contract between us, whether in contract, tort  (including negligence), breach of statutory duty, or otherwise, shall be  limited to the total sums paid by you for products under such contract.

Losses we never limit or exclude. Nothing in these terms shall limit or exclude our liability for:

• death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
• fraud or fraudulent misrepresentation;
• breach of the terms implied OR
• any matter in respect of which it would be unlawful for us to exclude or restrict liability.

You can only transfer your contract with us to someone else if we agree to this.  If you’re a consumer we may not agree to this and we do not have to  give reasons. However, you can transfer our consumer guarantee to a new  owner of the product. We can require the new owner to prove you  transferred the product to them, for example by email confirmation by  them and you. If you’re a business you need our agreement to transfer  your contract with us and it’s entirely up to us whether we give it.

Nobody else has any rights under this contract.  This contract is between you and us. Nobody else can enforce it and  neither of us will need to ask anybody else to sign-off on ending or  changing it.

If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.

Even if we delay in enforcing this contract, we can still enforce it later.  We might not immediately chase you for not doing something (like  paying) or for doing something you’re not allowed to, but that doesn’t  mean we can’t do it later.