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Terms and Conditions

This page (together with the documents referred to on it) explains the terms and conditions by which we supply any of the goods or products (Products) and services (Services) listed on this website.

 

1. Information about us

Cristian A. Nica, psychologist registered in the UK with the Health and Care Professions Council HCPC for the following modalities: clinical, counselling, occupational and health psychology (registration number 37063). I operate the website www.cristiannica.co.uk (my website) together with other partners (we/us/our).

 

2. How the contract is formed between you and us

2.1 If you wish to purchase any product or service made available through the cristiannica.co.uk website, you will be required to supply certain information relevant to your Purchase including, without limitation, your name, contact details (address, email and phone) together with other details required for the transaction to take place.

2.2 After placing an order, you will receive an online notification acknowledging that your order has been received. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to buy a Product or Service. All orders are subject to acceptance, we reserve the right to select our clients. The contract between us (Contract) will only be formed when you receive the Products and/or Services (as applicable).

2.3 In the case of Products, the Contract will relate only to those Products which you receive. A contract for any other Products which may have been part of your order will be formed when you receive those other Products.

2.4 In the case of Services, these will be governed by the relevant terms and conditions applicable to the particular service, which will be available on the presentation page which your service or product relates to – please check these terms and conditions before proceeding with your order.

 

3. Your status

3.1 By placing an order through our site, you warrant that:

3.1.1 you are legally capable of entering into binding contracts;

3.1.2 you are at least 16 years old; and

3.1.3 that you are not resident in a country where making a payment to our site in line with these terms and conditions would breach the laws in that country.

 

4. Delivery of Products

4.1 In the case of Products, your order will be fulfilled/made ready for receipt as follows:

  1. when the order has been placed (for assessments, courses, digital products and ongoing groups).
  2. upon acceptance of your application (for services, individual interventions and upcoming groups).
  3. within a reasonable timeframe of the date indicated at the time of ordering, unless there are exceptional circumstances.
  4. based on personal/organisational suitability for the service required (interventions, groups and services). Please note, it is your responsibility to judge the suitability of digitally delivered online products and services, starting from the information presented, before making the purchase, as digital products cannot be refunded.

 

5. Content

5.1 Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content").

5.2 You are fully responsible for the content you decide to upload, download, edit, remove or share with others, and of the consequences that may incur following such actions.

5.3 We reserve the right to close down your account (temporarily or permanently), if you fail to comply with our terms and conditions.

5.4 Our Service may contain links to third party websites or services that are not owned or controlled by cristiannica.co.uk and partners. Cristiannica.co.uk (and partners) have no control over, and assume no responsibility for the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that cristiannica.co.uk (and partners) shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with, use of or reliance on any such content, goods or services available on or through any such web sites or services.

 

6. Group engagement

6.1 Groups may be joined in two ways:

  1. Following an application process.
  2. By direct assignment, for groups or organisations that are selected differently and/or take part in a specific programme.

6.2 If an application is required, you will only be allowed to join if your application is successful (meets relevant criteria), or if the group is open to applications (spaces have not been assigned).

If your application was successful or the group is still open to applications

6.3 For paid groups, a payment will be requested after your application has been successful. You will only be permitted to join the group, providing the required payment has been made.

The group fee will not be modified after the group has commenced.

6.4 When joining, you will be committing to remain an active member of a specific group from the Start Date (or the date you join), until the specified end date presented to you when applying.

6.5 The rules of each group may be amended from time to time. A copy of the group rules will be shared with all members at the start date and can be made available on request beforehand.

6.6 If you do not adhere to the group rules, or your actions are believed to cause significant harm to other members, you may be removed from the group without prior notice, and your payment will not be refunded.</p

 

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7. Active Referral Scheme

7.1 The website cristiannica.co.uk operates a referral scheme, whereby you will receive a financial benefit for inviting new users to the website.

7.2 If the user you invite decides to join, you will receive a coupon worth 10% off your next purchase.

You are not allowed to apply more than one coupon to the same purchase.

7.3 You may also receive a 2% payment, from every purchase made by the invited user.

Payments are cumulative (from one or more users), and may be reimbursed or discounted from your next purchase.

7.4 You will only receive this discount if the purchase is successful, and the user does not cancel the service (e.g. psychotherapy session cancellation).

7.5 In order for the reimbursement transaction to take place, you are required to have an active Stripe account.

 

8. Cancellation rights

8.1 In the case of Products and services, you have the right to cancel your Product order for any reason and receive a full refund, except in the case of certain products listed in paragraph 8.2. You will receive a full refund of the price paid for the Products (excluding postage costs). Your statutory right to cancel a purchase of a Product starts from the date when you receive the Product (or when the Contract between us is formed). If the Products have been delivered to you, you may cancel at any time within 14 working days, starting from the day after you receive the Product. In the event that you received a Product that is damaged on delivery, please inform us of this in writing as soon as possible. If a Product is returned to us damaged and you have not informed us that the Product was damaged when you received it, we may refuse your right to cancel or receive a refund.

8.2 You will not have any right to request reimbursement:

  1. for Digital assessments, courses or products which are made available for you to use automatically, soon after making the payment.
  2. for the supply of any personalised products, newspapers, periodicals or magazines, perishable goods, or software, DVDs or CDs which have had their security seal broken, opened, or otherwise tampered with, or the packaging removed.
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8.3 In the case of Services, your cancellation rights vary depending on the service that we are providing you with. A cancellation fee may be applicable (psychological interventions). Please refer to the particular terms and conditions that relate to the Service that you are receiving in accordance with 2.3.

8.4 In the case of Products or services, to cancel a Contract you must inform us in writing. If the Products have been delivered to you, you must also return the products to us as soon as reasonably practicable, and at your own cost. You have a legal obligation to take reasonable care of the Products while they are in your possession.

 

9. Partnerships

9.1 Partners are either organisations run by and/or independent professionals who hold an undergraduate or postgraduate qualification in their field of expertise and/or are registered with a relevant professional body, who entered in a partnership agreement with Cristian A. Nica.

9.2 If a service or product is delivered or provided in partnership, users will always be informed before committing to apply and/or make a payment.

9.3 Partnership contracts will be agreed on individually with each partner, based on the nature of commitment required and/or costs incurred.

9.4 All partners have the option to create a partner account on this website, receive payment and be acknowledged for their work.

 

10. Transfer of rights and obligations

10.1 We may transfer our rights and obligations under these terms and conditions to another partner organisation or individual, but this will not affect your rights or our obligations under these terms.

10.2 You may only transfer your rights and obligations under your Contract with us if we agree to this in writing.

 

11. Pricing

11.1 The price of the Products, Services, events and other charges (e.g. delivery costs), will be as quoted on this website from time to time, except in cases of obvious error.

11.2 Product and Service prices do not include VAT.

11.3 Product, service prices and delivery charges are liable to change at any time, but changes will not affect orders for Products and/or Services which you then take steps to fulfil/receive within a reasonable time of such order.

 

12. Refunds

12.1 If an order is cancelled in accordance with these terms, we will refund the amounts owed as soon as possible and in any case, within 30 days following cancellation.

12.2 If we are due to provide you with a refund then this will be made to the credit or debit card used to carry out the original transaction.

 

13. Warranty

We guarantee that any Product or service purchased from us through our site will, on delivery, conform with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products or services of this kind are commonly supplied. All other warranties, conditions or terms relating to fitness for purpose, merchantability, satisfactory quality or condition whether implied by stature or common law are excluded in so far as permitted by law.

 

14. How we use your information

Please read the Privacy Policy for details on how we use your information. By agreeing and accepting these terms and conditions you hereby agree and accept the terms of our Privacy Policy.

 

 

15. Liability to a business

15.1 This paragraph (15) applies when you are making payments as a business. It does not apply where you are a consumer.

15.2 Subject to paragraph 15.4, if we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Products and/or Services and, subject to paragraph 15.2, any losses that you suffer as a result of our failure to comply (whether arising in contract, infringement (including negligence), breach of statutory duty or otherwise).

15.3 Subject to paragraph 15.4, we will not be liable for any losses that result from our failure to comply with these terms and conditions which fall into the following categories, even if such losses were in our contemplation as at the date that the contract constituted by these terms and conditions was formed between us of being a foreseeable consequence of our breach:

  1. loss of income or revenue;
  2. loss of business;
  3. loss of profits;
  4. loss of anticipated savings;
  5. loss of data; or
  6. waste of management or office time.

15.4 We do not in any way exclude or limit our liability for:

  1. death or personal injury caused by our negligence;
  2. fraud or fraudulent misrepresentation;
  3. defective products under the Consumer Protection Act 1987; or
  4. any other matter for which liability cannot be excluded or limited by law.

This paragraph 15 does not apply if you are contracting as a consumer. If you are contracting as a consumer please see paragraph 16.

 

16. Liability to a consumer

16.1 If we fail to comply with these terms and conditions, we are responsible for loss or damage you suffer if this is a foreseeable result of our breach of the terms and conditions or our negligence, in line with current professional guidelines. Loss or damage is foreseeable if it was an obvious consequence of our breach, or it was otherwise contemplated by you and us at the time we entered into the relevant Contract.

16.2 We only supply the Product and Services for domestic and private use. You agree not to copy, store, distribute or use the product for any commercial, business or re-sale purposes, and we have no liability towards you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

16.3 We do not in any way exclude or limit our liability for:

  1. death or personal injury caused by our negligence;
  2. fraud or fraudulent misrepresentation;
  3. any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982
  4. defective products under the Consumer Protection Act 1987; and
  5. any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.

This paragraph 16 does not apply if you are contracting as a business. If you are contracting in the capacity of a business, please see paragraph 15.

 

17. Our right to vary these terms and conditions

17.1 We reserve the right to revise and amend these terms and conditions from time to time.

17.2 You will be subject to the policies and terms and conditions in force at the time that you order Products and/or Services from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you).

 

18. Our contract with you if you are a business

18.1 These terms and conditions and any document expressly referred to in them, are part of the agreement between us and supersede all previous discussions, correspondence, negotiations, arrangement, understanding or agreement between us relating to the subject matter hereof.

18.2 We each acknowledge that, in entering into a Contract, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made in good faith or negligently) that is not set out in these terms and conditions or the documents referred to in them.

18.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made in good faith or negligently) will be for breach of contract. If you are contracting as a consumer, this paragraph does not apply. If you are contracting as a consumer please see paragraph 19.

 

19. Our contract with you if you are a consumer

If you are contracting as a consumer, we intend to rely upon these terms and conditions and any document expressly referred to in them, in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised partners, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.

If you are contracting as a business, this paragraph (19) does not apply. If you are contracting as a business please see paragraph 18.

 

20. Written communication

20.1 Applicable laws require that some of the information or communications that we send to you should be in writing. When using this website, you accept that communication by us to you will be electronic. We will contact you by email or provide you with information by posting notices on our site. For contractual purposes, you agree to electronic means of communication and you acknowledge that all contracts, notices, information and other communications provided electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

 

21. Notices

21.1 Any notice to be sent by you or by us in connection with these terms and condition should be sent by email. Notices to us should be sent to the following email address contact (at) cristiannica.co.uk

21.2 We will send notices to you by email to the email address that you supplied when signing up to this website.

21.3 Either of us can change the address for notices by telling the other in writing the new address (if different from the one listed on this website).

21.4 If sent to the correct address, a notice will be treated as received within 24 hours (sent by email), even if it is not actually received by you. It is your responsibility to keep your account information up-to-date.

 

22. Third party rights

22.1 A person who is not party to these terms and conditions or a Contract shall not have any rights under or in connection with them.

22.2 This paragraph may not apply in the case of children who need parental consent or in the case of adults who are unable to make an informed decision and require support from a legal guardian.

22.3 Under these circumstances, written consent will be required, and in some cases, the presence of a legal guardian who can assist when a psychological intervention is provided.

22.4 If your health and safety is at risk, or your state of mind could pose a risk to others, protective measures may need to be implemented (according to the Mental Health Act), in which case you will be referred to other institutions responsible for your safety.

 

23. Waiver

23.1 The failure of either party to exercise or enforce any right conferred on that party by these terms and conditions shall not be deemed to be a waiver of any such right or operate to bar the exercise or enforcement thereof at any time or times thereafter.

23.2 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with paragraph 16 above.

 

24. Severability

If any court or competent authority decides that any of the provisions of these terms and conditions or any provisions of a Contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.

 

25. Force majeure

We reserve the right to defer the date of delivery or to cancel a Contract for all circumstances beyond its reasonable control, including but not limited to any strike, lockout, disorder, fire, explosion, accident or stoppage of or affecting our business or work and which prevents or hinders the delivery of the Goods or the performance of the Services.

 

26. Law and jurisdiction

These terms and conditions and any dispute or claim arising out of, or in connection with them, or their subject matter or formation (including non-contractual disputes or claims), will be governed by United Kingdom law. Any dispute or claim arising out of, or in connection with, these terms and conditions or their formation (including non-contractual disputes or claims), will be subject to the non-exclusive jurisdiction of the courts of England.

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