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Products
Terms and Conditions of Sale
Please read carefully. By placing an order with us, you agree the following:
1.1 ‘We/us/ours’ means mPowr Limited whose registered office address is Curzon House, 24 High Street, Banstead, Surrey, SM7 2LJ, and whose registered company number is 6910959.
1.2 ‘You/your/yours’ means the person, firm, company, or organisation buying the Goods subject to these Terms and Conditions.
1.3 ‘The Goods’ means the goods (including but not limited to CDs, DVDs and books) which are to be sold under a contract of sale (‘the Contract’), between the parties.
1.4 ‘The Supplier(s)’ means any person, firm, company, or organisation contracted by us to supply or assist in the manufacture, supply or delivery of the Goods.
2.1 The Contract shall be formed by our acceptance of an order placed by you for the Goods.
2.2 You will be deemed to have placed an order when we receive notification from PayPal or Barclays of your payment.
2.3 We will be deemed to have accepted your order by sending an email confirmation (‘the Confirmation’) of your order directly to you.
2.4 Our acceptance of any order placed by you shall be subject to these Terms and Conditions which shall override any other document or any other communication (written or oral) between the parties, unless agreed in writing by us.
2.5 We may at our discretion add, vary or withdraw products listed on the www.mpowrunlimited.com website (‘the Website’), or on any other literature, electronic or otherwise, published by us, at any time without notice.
3.1 All Goods are supplied subject to availability.
3.2 All reasonable efforts have been made to ensure that the details, descriptive information, and specifications of the Goods are as accurate and up to date as possible, such details do not constitute a trade description.
3.3 Any errors or omissions on the Website, or on any other literature, electronic or otherwise, published by us shall be subject to correction, without any liability accruing to us.
3.4 You shall be solely responsible for the accuracy of all orders.
4.1 The price of the Goods shall be as shown on the Website. We may increase the price prior to delivery and inform you if the increase is due to circumstances beyond our control.
4.2 We may vary the price(s) of any Goods on the Website at any time and without notice.
4.3 Delivery charges and VAT for the Goods are as stated on the Website by us prior to you placing an order and will be confirmed in the Confirmation.
5.1 You shall make full payment of the price of Goods ordered at the time of placing the order, or, in the case of pre-order or pre-release Goods, within 7 days of the publication date of the price on the Website.
5.2 Payment shall be by PayPal or our Barclays payment facility only.
6.1 We shall endeavour to deliver the Goods to you within 7 days of receipt of your order, with the exception of pre-order and pre-release Goods, for which an approximate delivery date will be emailed to you in your order confirmation.
6.2 In the event that Goods ordered by you (other than pre-order and pre-release Goods) are not available at the time the order is placed, we will notify you by email of the estimated time for delivery of the Goods ordered as soon as possible.
7. Inspection of Goods and action upon delivery
7.1 You shall inspect the Goods immediately on delivery and no claim for shortages or errors in delivery which would be evident on inspection will be considered by us unless you notify us by telephone or email quoting the delivery note or invoice number within 24 hours of the time of delivery.
7.2 We shall not consider any claims for non-delivery of Goods unless you notify such claims to us by telephone or email within 30 days of the date of the Confirmation.
7.3 In the absence of any such notification in accordance with 7.1 or 7.2 we shall be deemed to have delivered the Goods in full to you.
8.1 You shall report Goods damaged in transit to us immediately and in any event within 24 hours of receipt.
8.2 You shall retain any damaged Goods and their original packaging for inspection by us.
8.3 We may replace or refund the price of the Goods at our sole discretion.
9. Our 30-day guarantee, returns and refunds
9.1 At mPowr we want you to be completely satisfied with any product purchase you make from our online store.
9.2 We provide a special extended cancellation and return policy for our Goods which covers books, CDs, DVDs and home study packages. In the event that, for any reason, you wish to return the Goods within a 30-day (from the date of delivery) period, you may cancel your order. Please contact us for return instructions. Any Goods returned to us without prior notice from you and agreement from us shall not be subject to our guarantee.
9.3 Goods must be returned in their original packaging, in perfect condition, and fit for resale. Any returns that are damaged or incomplete will not be refunded.
9.4 You are solely responsible for the postage costs associated with the return of the Goods.
9.5 In the event that Goods returned by you are lost in transit, we will not be liable to you in any way whatsoever.
9.6 If you do not return the Goods within 30 days of cancellation, or if you so request, we have the right to recover the Goods from you and to deduct the cost of such recovery from any refund to which you may be entitled.
9.7 We will only accept cancellation of orders by you in writing (which may include email) and if received at our principal place of business, Suite 11352, 2nd Floor, 145-157, St John Street, London, EC1V 4PY, or by email at info@mpowrunlimited.com.
9.8 We will refund the amount paid by you for the Goods within 30 days from the day on which notice of cancellation is received. Refunds for valid claims will be made via the same method of payment as used by you to place the order.
9.9 Downloadable Goods, including e-books, audio and video files are not included in the above 30-day guarantee. The price of such Goods cannot be refunded once the Goods have been downloaded.
9.10 This Clause 9 does not apply to defective Goods.
10. Live events, and event booking cancellation
10.1 Attendance at a live event is permitted only if your full payment for the same has been received by us prior to the event.
10.2 If you cancel your booking more than 60 days prior to the date of the event, a cancellation fee of 50% of the event price (as stated on the Website) shall apply and you shall be liable to pay the same. The remaining balance shall be refunded to you.
10.3 If you cancel your booking between 30 and 59 days prior to the date of the event, a cancellation charge of 75% of the event price shall apply, and you shall be liable to pay the same. The remaining balance shall be refunded to you.
10.4 If you cancel your booking with 30 days of the date of the event, a cancellation charge of 100% of the event price shall apply, and you shall be liable to pay the same.
10.5 If you cancel your booking, all materials received by you from us in connection with the event must be returned in mint condition, otherwise we shall not refund the event price, whether in whole or in part, paid by you.
11.1 Our sole liability will be to replace or refund the price of defective Goods or Goods damaged in transit.
11.2 We shall not be liable for any representation, implied warranty, condition or other terms or duty in common or at common law, for any consequential loss or damage, costs or expenses of whatever nature which arise from the supply of Goods or their use or resale unless expressly provided in these Terms.
12.1 Risk shall pass to you where Goods are stored by us upon such Goods being stored, and in all other cases upon delivery or attempted delivery (in the event that you refuse delivery or your address cannot be found or accessed).
12.2 Risk in any Goods to be returned remains with you until the Goods are delivered to or collected by us.
We shall not be liable to you for breach of contract by reason of delay or failure to perform any of our obligations if the delay or failure is to any extent due to a cause beyond our control including but not limited to war, fire, accident, breakdown of plant or machinery, industrial action/dispute (including strikes and lockouts), unavailability of or restrictions on supplies or disputes with Supplier(s), non-delivery or delay in the delivery of materials or other circumstances which directly or indirectly or hinder due performance of the Contract.
The Contracts (Right of Third Parties) Act 1999 is excluded from applying to the Contract and nothing in these Terms confers or purports to confer on any third party any benefit or any right to enforce these Terms, in whole or in part.
All queries or complaints relating to orders should be addressed to Richard Hagen by emailing info@mpowrunlimited.com or in writing to: mPowr Ltd. Suite 11352, 2nd Floor, 145-157, St John Street, London, EC1V 4PY. We will endeavour to respond to your correspondence within 2 working days of receipt.
16.1 Failure or delay by us to enforce these Terms, or any part thereof, or any or seek remedy of any breach by you shall not be construed as a waiver of our rights to enforce the Contract and seek remedy for subsequent breach.
16.2 The Contract constitutes the entire agreement and understanding of the parties and supersedes any previous agreement between the parties, whether oral or in writing.
16.3 If any provision of these Terms is held invalid or unenforceable in whole or part this shall have no effect on the validity of the remaining provisions and conditions.
16.4 The Contract shall be governed by English law and shall be subject to the exclusive jurisdiction of the English courts.