The Advice Centre Ltd Terms and Conditions

Terms and conditions of business

1. Where to find information about us and our products

You can find everything you need to know about us, The Advice Centre Ltd, and our products on our website or from our sales staff before you order. We also confirm the key information to you in writing after you order, either by email, or on paper.  Sometimes we do business/trade under other names, including Marketing Advice Centre, AMZ Advice Centre, AMZ Business Academy, AMZAgency, The Advice Centre Academy & AMZBuddy.

2. Consumer customers have additional rights compared to business customers

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.

The law gives these additional rights to consumers.

3. When you buy from us you are agreeing that:

· We only accept orders when we’ve checked them.

· Sometimes we reject orders.

· We charge you when we supply your product.

· We charge interest on late payments.

· We pass on increases in VAT.

· We’re not responsible for delays outside our control.

· We charge you if you don’t give us information we need .

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

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

· You have rights if there is something wrong with your product.

· We can change products and these terms.

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

· We can withdraw products.

· We can end our contract with you.

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

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

· You have several options for resolving disputes with us.

· Other important terms apply to our contract.

4. 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.

5. 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.

6. Sometimes we reject orders

Sometimes we reject orders, for example, because a product is unexpectedly unavailable 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.

7. We charge you before we supply your product

However, for some products we take payment at regular monthly intervals or on a deposit basis, as explained to you during the order process. If your product is goods (rather than digital content or services), you will own it once we have received payment in full.

8. 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).

9. 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 3% 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.

10.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.

11.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 a pandemic, Amazon cancelling or suspending its servicing or similar, 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 our Customer Service Team: info@theadvicecentre.ltd 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.

12.A product’s true colour may not exactly match that shown on your device or in our marketing or its packaging may be slightly different.

13.We charge you if you don’t give us information we need

We charge you additional sums if you don’t give us information we’ve asked for such as login details for online accounts or admin access to appropriate accounts if required. For example, we might need to postpone or reschedule the services if they cannot be delivered when planned.

14.If you are a consumer and you bought online, or 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, or over the telephone, you have a legal right to change your mind about your purchase and receive a refund of what you paid for it. 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 deliver your product, if it is goods. 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

· 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: info@theadvicecentre.ltd.

You have to return the product at your own cost. If your product is goods, for example, Merchandise, you have to return it to us within 14 days of your telling us you have changed your mind. Returns are at your own cost, unless we offered free returns when you bought the goods. You can:

· contacting our Customer Service Team: info@theadvicecentre.ltd. You will need your email receipt and the card you paid with.

· send the product back to us. For help with returns, including our collection arrangements for goods which can’t be posted, see our Returns Process: https://www.marketingadvicecentre.co.uk/returns-policy or contact our Customer Service Team: info@theadvicecentre.ltd.

We only refund standard delivery costs. We don’t refund any extra you have paid for express delivery or delivery at a particular time.

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.

We reduce your refund if you have used or damaged a product. If you handle the product in a way which means it cannot be resold, we reduce your refund, to compensate us for its reduced value. For example, we reduce your refund if the product’s condition is not “as new”, price tags have been removed, the packaging is damaged or accessories are missing. In some cases, because of the way you have treated the product, no refund may be due. Our Customer Service Team: info@theadvicecentre.ltd can advise you on whether we’re likely to reduce your refund.

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 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.

15.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: info@theadvicecentre.ltd.

16.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: info@theadvicecentre.ltd.

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 https://www.citizensadvice.org.uk/. Remember too that You have several options for resolving disputes with us.

Your rights if you are a business. We warrant that on delivery, and for a period of 12 months from the date of delivery (warranty period), any products which are goods shall:

· conform in all material respects with their description and any relevant specification;

· be free from material defects in design, material and workmanship;

· be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and

· be fit for any purpose held out by 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 business);

· 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.

Exceptions to business customers’ warranty. We will not be liable for a product’s failure to comply with the business customer warranty (see Your rights if you are a business) if:

· you make any further use of such product after telling us it is non-compliant;

· the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;

· the defect arises because we followed any drawing, design or specification supplied by you;

· you alter or repair the product without our written consent; or

· the defect arises because of fair wear and tear, wilful damage, negligence, or abnormal working conditions.

17.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.

Changes we can only make if we give you notice and an option to terminate. We can also make the following types of change to the product or these terms, but if we do so we’ll notify you and you can then contact our Customer Service Team: info@theadvicecentre.ltd to end the contract before the change takes effect and receive a refund for any products you’ve paid for in advance, but won’t receive (eg Change of course provider/trainer).

18.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 (see We can change products and these terms).

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 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 4 weeks you can contact our Customer Service Team: info@theadvicecentre.ltd to end the contract and we’ll refund any sums you’ve paid in advance for products you won’t receive.

19.We can withdraw products

We can stop providing any product at our discretion, such as an ongoing service or a subscription for digital content or goods. We let you know at least 4 weeks in advance and we refund any sums you’ve paid in advance for products which won’t be provided.

20.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 30 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 or access to deliver the services;

· you don’t, within a reasonable time, either allow us to deliver the product to you.

21.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.

· 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

22.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.

23.No implied terms about goods.

Except to the extent expressly stated in Your rights if you are a business, we exclude all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982.

24.Commercial risks

There are commercial risks inherent in any business endeavour. We cannot and do not have any liability for those commercial risks, including but not limited to:

1. Your Amazon Seller Central, Amazon Vendor Central, eCommerce or other Websites, Social Media Platform or accounts, being suspended in part (eg specific listings) or in total, for any reason whatsoever

2. Access to your products or funds (or loss of these products or funds) held by Amazon or other platforms in the event of any of the above or for any reason whatsoever

3. Loss of access to Amazon Advertising capabilities as a result of any of the above or for any reason whatsoever

4. The loss of access to other platforms and or their advertising capabilities or for any reason whatsoever

You must carefully consider the commercial risks and practical consequences of your proposed course of action before carrying them out.

The Advice Centre Ltd is an independent training and consultancy business and is not associated or endorsed by Amazon, Facebook, Instagram, LinkedIn, YouTube, TikTok, Google, Shopify, WordPress or other similar platforms in any way.

25.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: https://www.marketingadvicecentre.co.uk/privacy-policy

26.You have several options for resolving disputes with us

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

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.

27.Other important terms apply to our contract

We do not record any of our services delivered digitally or remotely. You agree that you will not record or make copies of any of our services or products.

We can transfer our contract with you, so that a different organisation is responsible for supplying your product. 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: info@theadvicecentre.ltd to end the contract within 30 days 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. We can require the new owner to prove you transferred the product to them. 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.