Excel Ace

EXCEL ACE TERMS AND CONDITIONS

These terms may have changed since you last reviewed them

For a list of changes and when they were made, see below.

Where to find information about us and our products

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

We don't give business customers all the same rights as consumers

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.

When you buy from us you are agreeing that:

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 to confirm we've accepted it.

Sometimes we reject orders

Sometimes we reject orders, for example, 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 you order.

However, for some products we take payment at regular intervals, as explained to you during the order process.

We will send you a digital version of any session you cannot attend.

If you have booked a service that includes sessional work and you are unable to attend, we will send you a digital version of the session you have missed to the email address you supply in your order. 

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 of England 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, we will 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 our Customer Service Team 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 provide services or if you don't do preparatory work for a pre-agreed session, as agreed with us. For example, we might need to reschedule services.

If you are a consumer and you bought online, 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 personalised; 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 14 days after:

• the day we confirm we have accepted your order, if it is for a service, for example a services package.
• the day we confirm we have accepted your order, if it is for digital content for download or streaming, 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 our Customer Service Team.

You have to pay for services you received before you change your mind. If you bought a service 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 or digital content we refund you as soon as possible and within 14 days of you telling us you've changed your mind. 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 our Customer Service Team.

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 our Customer Service Team.

Your rights and remedies if you are a consumer. We honour 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 summarised below. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.citizensadvice.org.uk. Remember too that You have several options for resolving disputes with us.

Your remedies if you are a business. Unless an exception applies (see Exceptions to business customers' warranty) if:

• you give us notice in writing within a reasonable time of discovery that a product does not comply with the business customer warranty (see Your rights if you are a consumer);
• we are given a reasonable opportunity of examining such product; and
• you return such product to us at our cost,

we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full and this will be your only remedy for breach of the warranty. These terms shall apply to any repaired or replacement products supplied by us.

We can change products and these terms

Changes we can always make. We can always change a product:

• to reflect changes in relevant laws and regulatory requirements;
• to make minor technical adjustments and improvements, for example to address a security threat. These are changes that don't affect your use of the product; and
• to update digital content, provided that the digital content always matches the description of it that we provided to you before you bought it. We might ask you to install these updates.

We can suspend supply (and you have rights if we do)

We can suspend the supply of a product. We do this to:

• deal with technical problems or make minor technical changes;
• update the product to reflect changes in relevant laws and regulatory requirements; or
• make changes to the product.

We let you know, may adjust the price and may allow you to terminate. We contact you in advance to tell you we're suspending supply, unless the problem is urgent or an emergency. If we suspend the product for longer than 30 days in any 120 day we adjust the price so you don't pay for it while its suspended. If we suspend supply, or tell you we're going to suspend supply, for more than 30 days you can contact our Customer Service Team to end the contract and we'll refund any sums you've paid in advance for products you won't receive.

We can withdraw products

We can stop providing a product, such as an ongoing service or a subscription for digital content or goods. We let you know at least 5 business days in advance and we refund any sums you've paid in advance for products which won't be provided.

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 5 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;
• 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 by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
• defective products under the Consumer Protection Act 1987; or
• any matter in respect of which it would be unlawful for us to exclude or restrict liability.

We use your personal data as set out in our Privacy Notice

How we use any personal data you give us is set out in our Privacy Notice: [ondemand.excelace.co.uk/pages/privacy].

You have several options for resolving disputes with us

Our complaints policy. Our Customer Service Team will do their best to resolve any problems you have with us or our products.

Resolving disputes without going to court (consumers only). Alternative dispute resolution is an optional process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you're not satisfied with the outcome you can still go to court.

You can go to court. These terms are governed by English law. If you are a consumer then, wherever you live, you can bring claims against us in the English courts and if you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. If you are a consumer we can claim against you in the courts of the country you live in. If you are a business you irrevocably agree to submit all disputes arising out of or in connection with our contract with you to the exclusive jurisdiction of the English courts.

Other important terms apply to our contract

We can transfer our contract with you, so that a different organisation is responsible for supplying your product. We'll tell you in writing if this happens and if you are a consumer we'll ensure that the transfer won't affect your rights under the contract. We'll contact you to let you know if we plan to do this. If you're a consumer and you're unhappy with the transfer you can contact our Customer Service Team to end the contract within 48 hours of us telling you about it and we will refund you any payments you've made in advance for products not provided.

You can only transfer your contract with us to someone else if we agree to this.

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.