TERMS & CONDITIONS
PEAR SHAPED LIFESTYLE LTD
By using the services, website and/or 3rd party referrals provided by Pear Shaped Lifestyle Ltd signify acceptance of these terms and conditions of Pear Shaped Lifestyle Ltd whose offices are at 87 Gossoms End, Berkhamsted, HP4 1DD
Pear Shaped Lifestyle Ltd are entitled to alter/change these Terms and Conditions on reasonable written notice to our client without liability.
1. Definitions and Terminology
“Client” means any individual or business instructing Pear Shaped Lifestyle Ltd for any services provided directly by Pear Shaped Lifestyle Ltd or by Pear Shaped Lifestyle Ltd’s third party suppliers.
“Third Party Supplier” or "Sub-contractor" means a supplier of goods and/or services who supplies goods and/or services to Pear Shaped Lifestyle Ltd’s clients.
“Pear Shaped Lifestyle website” means www.pearshapedlifestyle.com
“Pear Shaped Lifestyle” means Pear Shaped Lifestyle and employees
“You/Your” means the client or website visitor.
2. General
2.1 By using the services and accessing the website of Pear Shaped Lifestyle and its recommended suppliers, these terms and conditions are accepted.
2.2 As a Pear Shaped Lifestyle client you agree as follows:
2.2.1 To provide Pear Shaped Lifestyle with true, accurate and complete information and
not to impersonate any other person or entity or a use a false name.
2.2.2 If any provision of this agreement is found by a Court or other competent authority to
be void or unenforceable, such provision shall be deemed to be deleted from this
Agreement and the remaining provisions shall continue in full force and effect.
3. Sub-contracors
3.1 Pear Shaped Lifestyle will endeavour to source suitable service professionals to meet a client's request.
3.2 Pear Shaped Lifestyle will endeavour to ensure that all companies referred by Pear Shaped Lifestyle are reputable and offer quality and value to their customers.
3.3 Pear Shaped Lifestyle cannot accept responsibility for any loss, liability or cost incurred by a client as a result of any acts or omissions of sub-contractors nor can Pear Shaped Lifestyle guarantee the accuracy of information supplied to clients by sub-contractors.
3.4 Pear Shaped Lifestyle will not be liable under this agreement for any loss of damage caused by us or our employees or sub-contractors in circumstances where (i) there is no breach of a legal duty of care owed to you by Pear Shaped Lifestyle or by our employees or sub-contractors; (ii) such loss or damage is not a reasonably foreseeable result of any such breach; (iii) any increase in loss or damage resulting from the breach by you of any term of this agreement.
3.5 Clients must not directly approach any sub-contractors that are already under contract to Pear
Shaped Lifestyle. All sub-contractors are bound by a legal sub-contractors agreement with Pear Shaped Lifestyle.
3.6 Pear Shaped Lifestyle will not be liable under this agreement for any loss or damage caused by the sub-contractors, its employees or agents.
3.7 In the event that Pear Shaped Lifestyle does not have a supplier on its database to carry out a requested job or task, Pear Shaped Lifestyle will take reasonable steps to find another service professional and advise the client accordingly.
4. Tickets
4.1 Pear Shaped Lifestyle may obtain tickets for sold out events either directly or through ticket agents. The client may purchase tickets above face value. In event that we cannot secure tickets, a client will still be liable for time utilised.
4.2 All ticket sales are final and no refunds or cancellations can be issued after reservation or purchase of tickets.
4.3 In the event of a show being cancelled by the venue/artist/promoter, only the return of the face value of the tickets can be guaranteed. Postage fees, service charges and additional fees that may have applied are non-refundable.
4.4 Pear Shaped Lifestyle is not responsible for any failure by Royal Mail to get tickets to you in time.
4.5 We shall not be liable to you if any ticket procured by us for you is subsequently found not to be genuine or another party will not accept it (e.g. a theatre). However, we will endeavour to ensure that such documentation is genuine and bona fide.
5. Travel Services
5.1 Pear Shaped Lifestyle is not an authorised travel agent or tour operator and only act as an introductory agent on behalf of a client and travel services provider. In event that we cannot secure your preferred Itinerary, a client will still be liable for time utilised.
5.2 Any travel services including travel tickets and package holidays will be subject to the terms and conditions of the travel or holiday operator.
5.3 All monies involved are to be paid directly to the travel agent or tour operator.
6. Pricing
6.1 Details of the current and up to date prices are available on the Pear Shaped Lifestyle website. Prices for time charged will be per person and will be rounded up to the nearest quarter hour.
6.2 The prices levied by Pear Shaped Lifestyle will be in accordance with the published charges or by a quote in writing. No variation to the published prices will be binding unless agreed in writing by Pear Shaped Lifestyle.
6.3 Pear Shaped Lifestyle’s standard charges are based on work carried out from Monday to Friday between the hours of 9am and 8pm and Saturday 10am and 6pm, excluding Christmas Day, Good Friday and bank holidays. Any work carried out by Pear Shaped Lifestyle outside these hours will be charged at our 'out of hours' rate, but will be previously agreed between the client and Pear Shaped Lifestyle.
6.4 Pear Shaped Lifestyle will charge the client for reasonable travel time and expenses as per pricing on our website. Pear Shaped Lifestyle will agree with the client that these charges will be levied prior to commencement of the work.
7. Payment
7.1 Pear Shaped Lifestyle endeavour to quote realistic timeframes for requested work. We reserve the right to charge additional fees upon mutual agreement.
7.2 Payments can be made by cash, cheque or bank transfer.
7.3 Pear Shaped Lifestyle will provide the client with an invoice which is payable within 14 days of the date of issue. Invoiced amount will be exclusive of VAT as Pear Shaped Lifestyle is not currently VAT registered. In the event that payment due to Pear Shaped Lifestyle is not received from the client Pear Shaped Lifestyle reserves the right to cancel the Service Agreement.
7.4 Late/ overdue payment: In the event of payment received passed the due date. Pear Shaped Lifestyle reserves the right to charge 6% interest on the balance due.
8. Service Requests and Cancellation
8.1 All service requests made by the client must be in writing by email or by telephone before 6pm on a working day.
8.2 The minimum period for each individual instruction is one hour of service commencing and thereafter fees will be charged on an hourly basis and invoiced to the client.
8.3 You will receive a copy of this agreement before our tasks have been performed. You have the right to cancel this contract at any time up to the seventh working day from the date of Pear Shaped Lifestyle’s quotation or other form of acceptance of your service request.
8.4 If you wish to cancel, you must notify Pear Shaped Lifestyle by email or by mail. Pear Shaped Lifestyle would ask that you use reasonable endeavours to notify of any such cancellation as soon as reasonably practicable to do so.
8.5 Where Pear Shaped Lifestyle has already commenced work, and the client wishes to cancel, the client will not be entitled to any refund and will be liable for payment for all work that has been carried out.
8.6 A client may change the commencement date of Pear Shaped Lifestyle’s services without any penalty by giving seven working days notice, prior to original commencement date, in writing.
8.7 Where a client cancels goods or services from a third party supplier, the client is bound by the terms and conditions of the supplier, in accordance with the provisions of clause 3 of these terms and conditions.
8.8 A party may terminate this agreement with immediate effect by written notice in the event of material breach of this agreement by either party. If such breach is capable of remedy, the failure to remedy the breach within 30 days (starting on the day after receipt of notice) giving details of the breach and requiring remedy to the breach and stating that a failure to remedy the breach may give rise to termination.
8.9 Pear Shaped Lifestyle reserves the right to cancel this agreement at least seven working days before the intended date of performance of the services, without reason, or we shall endeavour to notify you of any such cancellation as soon as reasonable to do so.
9. Force Majeure
9.1 A "force majeure" event means an event beyond the reasonable control of either party including without limitation a strike, lock-out, labour dispute, act of God, war, civil commotion, malicious damage, compliance with a law or government order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm and other circumstances affecting the supply of goods and services.
Neither party to this agreement shall be responsible to the other party for any delay in performance or non-performance due to a force majeure event. On occurrence of a force majeure, Pear Shaped Lifestyle shall inform you in writing that the event has delayed or prevented its performance under this agreement and thereafter shall take action within its power to comply with the terms of this agreement as fully and as promptly as reasonably possible.
10. Website
10.1 Pear Shaped Lifestyle will use all reasonable endeavours to ensure that the Pear Shaped Lifestyle website and email system of Pear Shaped Lifestyle is accessible at all times however there may be times when due to circumstances beyond Pear Shaped Lifestyle’s control, or for maintenance purposes, the website and email system are unavailable. In these circumstances Pear Shaped Lifestyle cannot accept any responsibility for any loss or damage which clients may suffer as a result.
10.2 Pear Shaped Lifestyle will use all reasonable precautions to ensure that the Pear Shaped Lifestyle website, email system and documentation which is sent to, or accessible by clients and clients is free from viruses but Pear Shaped Lifestyle cannot guarantee that it will be completely free of viruses.
10.3 Pear Shaped Lifestyle may add links to its website for other parties. Any such links are provided to assist clients and visitors of the Pear Shaped Lifestyle website. These links may not have been vetted by Pear Shaped Lifestyle and therefore Pear Shaped Lifestyle cannot accept any responsibility for the information contained in the third party sites. Neither can Pear Shaped Lifestyle guarantee that it is virus free. The inclusion of such links on the Pear Shaped Lifestyle website does not mean that Pear Shaped Lifestyle endorses the website or company.
11. Confidentiality
11.1 Pear Shaped Lifestyle is committed to protecting the privacy of its clients and will handle all information, which it receives from clients, in accordance with the applicable Data Protection legislation.
11.2 We shall not be responsible for the security of communications sent by us to you or others in relation to our tasks and the services by email. For further information about our confidentiality please see our Privacy Policy.
12. Complaints Policy
12.1 Pear Shaped Lifestyle endeavours to provide a high quality service to you in carrying out tasks. If you are unhappy at any time about how Pear Shaped Lifestyle performs tasks for you, please contact our office and Pear Shaped Lifestyle will investigate any such complaint and report back to you. This does not affect your statutory rights.
12.2 If you have a complaint concerning the conduct or services of a 3rd party supplier, the client should write directly to the supplier and send a copy of the complaint to Pear Shaped Lifestyle to assist us in assessing, for future use, the adequacy of a supplier as a provider of the relevant services.
13. Intellectual Property and Copyright
13.1 Documents and information, published by Pear Shaped Lifestyle are the property Pear Shaped Lifestyle. Copyright and IP rights in the content of Pear Shaped Lifestyle’s website belong to Pear Shaped Lifestyle.