Terms & Conditions
These Terms & Conditions apply both to the purchase of goods and services & the use of this website.
www.philhirst.co.uk is the on-line trading name of Phil Hirst Instructor Training.
The following are the terms of the agreement between Phil Hirst Instructor Training (“the Company”) and the purchaser (“the Buyer”) of goods or services through the Company's website (“the Site”)
The Buyer agrees to the terms and conditions of use outlined in this Online Contract (“Contract”) with respect to the goods, services and information by or through the Site. This contract constitutes the entire and only agreement between the Company and the Buyer, and supersedes any and all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the goods, services and information provided by or through the Site, and the subject matter of this Contract. The Buyer agrees to review this Contract prior to purchasing anything and purchase of goods or service shall be deemed acceptance of this Contract.
Set Up and Payments
The Buyer represents and warrants that (1) the credit/debit card information supplied is true, correct and complete, and (2) charges incurred by the Buyer will be honoured by the Buyer's credit/debit card company and (3) the Buyer shall pay any charges incurred by the Buyer at the amounts in effect at the time they were incurred, including all applicable taxes.
Please note payments must be made in advance of any service being delivered by the Company. To book a course, event or training the full course fee is required (if the course/event/training start date is within four weeks of the booking date).
For Train the Trainer courses, a 25% deposit is payable upon booking unless the course is booked within four weeks of the course start date.
Please note, the deposit or any subsequent training fees paid, are not refundable should the Buyer decide to cancel the training once the booking has been accepted by the Company. This does not in any way affect the Buyer’s statutory rights to be provided with the goods and/or services they have bought.
Postponement of Training, Events and Courses by the Buyer or Company
Provided the Company can replace the Buyer (like for like), no penalty will be incurred if the Buyer postpones or cancels the service bought. If this is not possible, the full fee for the service in question will be charged.
The Company reserves the right to postpone a service if it decides weather or road conditions are unsuitable or potentially dangerous. Any service postponed by the Company will be rescheduled at a mutually agreed time and date.
The Company cannot be held responsible for any costs incurred to the Buyer due to postponement or cancellation of a service by the Company, no matter what the reason.
The content, organisation, gathering, compilation, magnetic translation, digital conversion and all other matters related to the Site are protected under applicable copyrights, trademarks, and other proprietary, including but not limited to the intellectual property, rights, and the copying, redistribution, use of or publication by a Buyer of any such content or any part of the Site is prohibited.
Editing, Deleting and Modification
The Company reserves the right in its sole discretion to edit or delete any information or content appearing on the Site, and to remove any goods or services for sale. Upon notice published over the website service, the Company may modify this Contract, or prices, and may discontinue or revise any or all aspects of the Site in its sole discretion and without prior notice. Modification of this Contract will be deemed effective upon publication on the Site with respect to transactions occurring after the said date.
Right to Refuse
The Company reserves the right in its sole discretion to refuse service at any time. Sale of any goods or services is subject to availability.
The ownership of any goods supplied by Phil Hirst Instructor Training will not be transferred until all amounts owed to Phil Hirst Instructor Training have been paid in full and until such time Phil Hirst Instructor Training may repossess the goods.
The Buyer agrees to indemnify, defend and hold the Company and its affiliates, licensors and suppliers harmless from any liability, loss, claim and expense, including reasonable legal fees, related to a Buyer's violation of this Contract or the use of the Site.
The Buyers right to use the Service is not transferable and is subject to any limits by the Company or by the Buyer's credit/debit card company.
The service, content, goods, and services from or through the service are provided “as is” and “as available”. We reserve the right to cancel any order and refund payment due to technical errors which may affect the prices displayed at the time of purchase if that means the Buyer has paid an incorrect price. The sole and entire maximum liability, for any reason, and the Buyer's sole and exclusive remedy for any cause, whatsoever, shall be limited to the amount paid by the customer for the item(s) purchased.
The Company and any of its affiliates, dealers or suppliers are not liable for any indirect, special, incidental, or consequential damages (including damages for loss of business, loss of profits, litigation or the like), whether based on breach of contract, breach of warranty, product liability or otherwise, even if advised of the possibility of such damages. The limitations of damages set forth above are fundamental elements of the basis of the bargain between the Company and the Buyer. This Site and goods and services would not be provided without such limitations.
The Company reserves the right, and the Buyer authorises the Company, to the use and assignment of all information regarding the Buyer's use of the Site and all information provided by the Buyer, within the bounds of our privacy statement and GDPR.
This Contract shall be treated as though it was executed and performed in the County of North Yorkshire in the United Kingdom and shall be governed by and construed in accordance with the laws of England, without regard to conflict of law principles. Any cause of action of the Buyer with respect to the Site must be instituted within three months after any purchase or be forever waived and barred. All actions shall be subject to the limitations set forth in the Company's refund policy. The language in the Contract shall be interpreted as to its fair meaning and not strictly for or against any party. All legal proceedings arising out of or in connection with this Contract shall be brought solely in the North Yorkshire County Court, and the Buyer expressly submits to the jurisdiction of the said courts and the Buyer consents to extra-territorial service of process.
Should any part of this Contract be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and the remaining in full force and effect. To the extent that anything in or associated with the Site or the Company is in conflict or inconsistent with this Contract, this Contract shall take precedence. Failure of the Company to enforce any provision of the Contract shall not be deemed a waiver of such provision, nor of the right to enforce such provision.
If for any reason you have cause for complaint, please contact Customer Services or telephone 07711 238 555 during office hours. We will endeavour to resolve your complaint within three working days.
Damaged or incorrectly supplied items will be replaced free of charge provided notification is made within seven days of receipt of goods. Please telephone 01423 398012 to obtain authorisation and instructions. Items returned using our freepost address or without authority will not be accepted.
All goods are deemed to have been delivered unless we have been notified within seven days of despatch. No responsibility can be accepted for goods that have not been delivered where we have not been notified during this period. After this seven day period, the customer accepts responsibility for all despatched goods where they have not informed us of non-delivery
Terms and Conditions are stated to avoid misunderstanding and do not affect your statutory rights as a consumer.