This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products listed on our website www.davidandersonwealth.com to you, including your subscription to our members only area (Products). Please read these terms and conditions carefully before ordering any Products from www.davidandersonwealth.com (our Site). You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions. These terms also apply to all other websites owned by us.
You should print a copy of these terms and conditions for future reference.
Please click on the button marked "I Accept" at the end of these terms and conditions if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our Site.
1.1 www.davidandersonwealth.com is a Site operated by Black Orchid Holdings Inc
By placing an order through our Site, you warrant that you are legally capable of entering into binding contracts.
3.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer by you to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been or will be dispatched or that your subscription is now live (the Confirmation). The contract between us (Contract) will only be formed when we send you the Confirmation.
3.2 The Contract will relate only to those Products whose dispatch or availability we have confirmed in the Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch or availability of such Products has been confirmed in a separate Confirmation.
4.1 We may provide links on our Site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that products you purchase from companies to whose website we have provided a link on our Site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller.
5.1 If you are contracting as a consumer and subject to clause 5.4, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products (the Cooling Off Period). In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 9 below).
5.2 To cancel a Contract, you must inform us in writing and comply with our refunds policy set out in clause 9. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
5.3 Details of this statutory right, and an explanation of how to exercise it, are provided in the Confirmation. This provision does not affect your statutory rights.
5.4 You will not have any right to cancel a Contract for the supply of:
(a) Digital items (such as e-books or other downloadable media) if before the end of the Cooling Off Period you have started downloading your Product or if we have started performing the services.
(b) Video, CD-ROM, DVD, audio or software products or similar where the product has had its seal broken;
(c) Your subscription once we have taken payment details, save that any notice to terminate your subscription will be effective at the end of the month during which you provided notice of cancellation.
6.1 Your order will be fulfilled by the date set out in the Confirmation or, if no delivery date is specified, then within 28 days of the date of the Confirmation, unless there are exceptional circumstances.
6.2 We reserve the right to cancel training days you have ordered. In such circumstances we will contact you and offer a full refund or an alternative date for the training day.
7.1 The Products will be at your risk from the time of delivery.
7.2 Ownership of physical Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
8.1 The price of any Products will be as quoted on our Site from time to time, except in cases of obvious error.
8.2 These prices include sales tax and include delivery costs if relevant & all funds are taken in Canadian Dollars (CAD)
8.3 If you are ordering a subscription to our Site, your credit/debit card will be debited each month for the sum stated on our Site unless you decide to cancel your subscription.
8.4 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Confirmation.
8.5 Our Site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our Site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Productâ€™s correct price is higher than the price stated on our Site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
8.6 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
8.7 Payment for all Products must be by credit or debit card. We accept payment with all major credit and debit cards.
9.1 When you subscribe to our Site, you will need a valid username and password. Each subscription is for a single user only and is not transferable. We do not permit you to share your user name and password with any other person nor with multiple users on a network.
9.2 You must keep your user name and password confidential and you must not disclose them to any third party.
10. Our refunds policy
10.1 When you return a Product to us:
(a) because you have cancelled the Contract between us within the Cooling Off Period (see clause 5.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us.
(b) for any other reason (for instance, because you have notified us in accordance with clause 15.11 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product is defective), we will examine the returned Product and will notify you of your refund (if you are due one) via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us, however refunds in respect of Products returned for any other reason (save for those set out in clauses 5.1 or 10.3) are at our discretion.
10.2 In relation to all returns, please observe the following procedure.
(a) You must obtain the special returns address from us and return the Product to that address;
(b) On the back of your delivery note or on another piece of paper, include your order number and the reason for the return. If you are returning the Product because it is defective, please state the defect or defects;
(c) You need to repackage the product in its original packaging, including any accessories, brochures, manuals, guarantees or warranties that came with the Product. We will be unable to issue a refund where the Product is not complete;
(d) If the original packaging for the Product has been damaged or destroyed we will only issue a refund if the Product is defective. If the original packaging of a defective Product has been damaged or destroyed during transit you should ensure that the returned Product is appropriately packed for return shipment to us;
(e) We recommend that all returns be sent by registered post or courier, so that you have a record of the return. You must also retain your proof of posting;
(f) Where a returned Product is lost or stolen in transit to us, you should claim compensation from the company that shipped the return. We will not provide a refund.
10.3 Save for training days for which there is no refund available once you have attended, we operate a 30-day money back guarantee refund policy on certain Products where such guarantee is explicitly stated on the relevant Products on our Site. Where you are not satisfied with such Products, and you return the Product and provide a reason for your cancellation in writing within the 30 day period, a full refund will be provided.
10.4 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
11.1 Subject to clause 11.5, we warrant to you that any Product purchased from us through our Site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
11.2 Our liability for losses you suffer as a result of us breaching these terms and conditions is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaching the terms and conditions. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
11.3 This does not include or limit in any way our liability:
(a) For death or personal injury caused by our negligence;
( b) For fraud or fraudulent misrepresentation;
(c) For any deliberate breaches of these terms and conditions by us that would entitle you to terminate the Contract between us; or
(d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
11.4 We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us including but not limited to:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits or contracts;
(d) loss of anticipated savings;
(e) loss of data; or
(f) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise; provided that this clause 11.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 11.1 or clause 11.2 or any other claims for direct financial loss that are not excluded by any of categories (a) to (f) inclusive of this clause 11.4.
11.5 Part of our Product offering is subscription to the members section of our Site. Access to this depends upon your internet connection and availability of our Site. We cannot guarantee continuous or secure access to our Site, and the operation of our Site may be affected by factors outside our control. We will use all reasonable endeavours to maintain uninterrupted access to our Site however no warranties are provided in respect of the availability of our Site.
12.1 If you order Products from our Site they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
12.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
Applicable laws require that some of the information or communications we send to you should be in writing. When using our Site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to Black Orchid Holdings Inc. at our registered office address. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 13 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.