Terms and Conditions

Introduction

This website is operated by The Andonia Group Ltd (trading as Eugénie Michael Lawyers) and its affiliates (“Eugénie Michael”). Throughout the Site, the terms “we”, “us” and “our” refer to Eugénie Michael. Eugénie Michael offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated on this Site.

By visiting our Site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website (“Site”). By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Notwithstanding the foregoing, any agreement to provide legal services (referred to herein as ‘services’) to you will be governed by separate terms and conditions in addition to these terms and will be provided to you separately. For products not considered services sold these terms and conditions apply.

We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

About Us

Eugénie Michael Lawyers is the trading name of The Andonia Group Ltd. The Andonia Group Ltd is a company registered in England under number 13084030, registered office Suite 3440, Unit 3A, 34-35 Hatton Garden, Holborn London, EC1N 8DX.

Where to find information about us and our products

You can find everything you need to know about us, and our products on our website, or from our representatives before you order. We also confirm the key information to you in writing before and/or after you order, either by notification on our website, within our user interface, 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.

Intellectual Property

We own all intellectual property rights in the Site, including but not limited to all materials, documents, contract templates, and other downloadable content and products, whether free or paid (collectively, the “Materials”). You are granted a limited, non-exclusive, non-transferable license to use the Materials solely for your personal use or internal business purposes to modify, edit, and customise the Materials for your personal or business use, in accordance with these Terms.

You must not:

• Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Materials without express written permission from us.
• Use the Materials for any commercial purpose without obtaining a license to do so from us or our licensors.

We reserve all rights conferred to us by law to remedy any breach of these Terms, including but not limited to seeking injunctive relief and claiming damages.

Copyright Notice

All information incorporated within this Site is © The Andonia Group Ltd (trading as Eugénie Michael Lawyers) (the Owner). All rights reserved.

Disclaimers and Warranties

The content, including digital content: individual contract templates, bundles or a checklist, provided via the Site and/or by Eugénie Michael are for general information purposes only. Your use of these documents does not constitute legal advice or form a lawyer-client relationship between you and Eugénie Michael.

These templates should not be considered a substitute for professional legal advice. While they have been prepared by a qualified lawyer (within any global jurisdiction), they are general templates that may not cover every legal or factual scenario. If you require specific legal advice or a comprehensive legal solution, please consult with a licensed lawyer in your jurisdiction consult with a licensed lawyer in your jurisdiction, or contact us directly at info@eugeniemichael.com to hire us as your foreign-qualified legal representative.We do not warrant that the products, including digital content in the form of documents/templates will be suitable for any particular purpose.

It is your responsibility to ensure that the document is correctly customised and applies to your particular situation. Eugénie Michael is not responsible for any errors or omissions or for the results obtained from the use of these documents.

Laws and regulations vary by jurisdiction and may change over time. Eugénie Michael does not guarantee that these templates are valid, legal, or up-to-date. It is your responsibility to ensure that the document complies with all relevant laws and regulations in your jurisdiction.

While Eugénie Michael strives to provide high-quality, up-to-date legal contract templates and legal documents, including checklists, we do not guarantee that the templates are current, error-free, or applicable to your situation. Laws and regulations change frequently, and their application can vary widely based on the specific facts and circumstances.

By purchasing and using our products provided by Eugénie Michael, you acknowledge that you have read this disclaimer, understand it, and agree to its terms. You also acknowledge that you are using the templates at your own risk and that it is your responsibility to ensure that your use of such templates complies with the law.

For questions or concerns regarding this disclaimer, please contact us at info@eugeniemichael.com.

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 you order.
• We charge interest on late payments.
• We pass on increases in VAT (where applicable)
• We’re not responsible for delays outside our control.
• Products can vary slightly from their pictures.
• 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.
• 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 Global Privacy Policy.
• You have several options for resolving disputes with us.
• Other important terms apply to our contract.

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 we accept it when we dispatch or supply the product and confirm dispatch or supply to you.

Sometimes we reject orders

Sometimes we reject orders for various reasons. For example, a product may be unexpectedly out of stock, mispriced, or we may have identified an error in the product description. Other reasons include, but are not limited to, issues with payment processing, the detection of potentially fraudulent or suspicious activity, or because the order does not comply with our terms and conditions. In some cases, we may reject orders if we believe they are intended for resale or if there are restrictions on distribution in certain regions. When this happens, we will notify you 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. If your product is goods (rather than digital content or services), you will own it once we have received payment in full.

If you are a business customer you have no set-off rights

If you are a business customer all amounts due under this agreement (from you to us or from us to you) shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law), unless otherwise agreed in writing between us and you.

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 Bank of England interest rate 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 (where applicable)

Where applicable, 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, such as an internet connectivity issue, we will contact you as soon as we are made aware 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 substantially more than fourteen (fourteen (14)) days you can contact us at info@eugeniemichael.com to end the contract and receive a refund for any products you have paid for in advance, but not received.

Products can vary slightly from their pictures

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. Furthermore, the appearance of digital content may vary slightly from device to device due to different screen settings and resolutions. The true colours and quality of the digital content may not exactly match what is displayed on your screen.

We strive to ensure that all descriptions and previews of our digital content are accurate. However, because our products are digital, there may be minor variations in how they are displayed and formatted on different devices or software.

Our digital content is designed to be compatible with common software and devices. However, we cannot guarantee that it will function identically across all platforms or with all software versions.

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, 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, including the delivery costs. This is subject to some conditions, as set out below.

Your legal rights

• Fourteen (14) days to change your mind online or over the telephone.
• You pay costs of return (where applicable)

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 (where such services have begun and not completed you will only receive a pro-rata refund on work we have not 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 fourteen (14) days after:

• the day we deliver your product, if it is goods, for example a stationary item. 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 digital content for download or streaming (for example, an individual contract template or contract bundles), 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 us at info@eugeniemichael.com

You have to return the product at your own cost. If your product is goods, you have to return it to us within fourteen (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:

• send the product back to us. You must keep a receipt or other evidence from the delivery service that proves you have sent the product and when you sent it. If you don’t do this and we don’t receive the goods at all or within a reasonable time we won’t refund you the price.
  For help with returns, including our collection arrangements for goods which can’t be posted, please email us at info@eugeniemichael.com.

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 would not be acceptable for original use, we will not refund you.

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 fourteen (14) days of you telling us you’ve changed your mind. If your product is goods that you’re sending back to us, we refund you within fourteen (14) days of receiving them back from you (or receiving evidence you’ve sent them to us). 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

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 us at info@eugeniemichael.com.

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 us at info@eugeniemichael.com.

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.

Summary of your key legal rights

If your product is goods, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:

• Up to 14 days: if your goods are faulty, then you can get a refund.
• Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
• Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.

If your product is digital content, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:

• If your digital content is faulty, you’re entitled to a repair or a replacement.
• If the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back.
• If you can show the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation

If your product is services, the Consumer Rights Act 2015 says:

• You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.
• If a price hasn’t been agreed upfront, what you’re asked to pay must be reasonable.
• If a time hasn’t been agreed upfront, it must be carried out within a reasonable time.

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.

We can change products, and these terms

Changes we can always make at any time. We can always change a product:

• to reflect changes in relevant laws and regulatory;
• 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 us at info@eugeniemichael.com to end the contract before the change takes effect and receive a refund for any products you’ve paid for in advance.

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 for longer than thirty (30) days 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 thirty (30) days you can contact us at info@eugeniemichael.com 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 seven (7) 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 (including enforcement costs) if:

• you don’t make any payment to us when it’s due and you still don’t make payment within seven (7) 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 or collect it from us.

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

Liability

To the maximum extent permitted by applicable law, we, including our directors, officers, employees, affiliates, partners, and agents, shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenues, data, or goodwill, arising out of or in connection with your use of, or inability to use, the website or services.

Our total liability to you for any claim arising out of or relating to these Terms or your use of the website or services shall be limited to the amount (if any) you paid directly to us in the twelve (12) months preceding the claim, or the minimum amount required by applicable law, whichever is greater.

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; or
• any matter in respect of which it would be unlawful for us to exclude or restrict liability.

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.

No indemnification by us

Except as required by applicable law, we do not provide any indemnity, defense, or reimbursement of any kind to you or any third party. You agree that your use of the website and services and any purchases you make is at your sole risk and that you will not hold us responsible for any claims, liabilities, damages, or losses arising from such use, beyond what is required by law.

Indemnification by you

You agree to defend, indemnify, and hold us and our affiliates, officers, directors, employees, agents, and licensors harmless from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to:
(a) your use or misuse of the service;
(b) your violation of these Terms;
(c) your violation of any third-party rights, including intellectual property rights or privacy rights; or
(d) any content you submit or otherwise make available through the service.

This indemnification obligation will survive the termination or expiration of these Terms and your use of the services and products.

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 Global Privacy Policy

You have several options for resolving disputes with us

Our complaints policy. We will do our best to resolve any problems you have with us or our products

Resolving disputes without going to court. 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.

Any dispute shall be referred to the senior representatives of each party to negotiate in good faith to resolve such dispute. Such representatives shall be given authority to settle the dispute and will, within 30 (thirty) days of a written request from one party to the other, meet in a good faith effort to resolve the dispute.

If the dispute is not resolved at that meeting, the Parties will attempt to settle it by mediation with the Centre for Effective Dispute Resolution (“CEDR”) in accordance with the CEDR Model Mediation Procedure. Unless otherwise agreed between the Parties, the mediator will be nominated by CEDR. To initiate the mediation a Party must give notice in writing (“ADR notice”) to the other Party to the dispute requesting mediation. A copy of the request should be sent to CEDR Solve. The mediation will start no later than 30 (thirty) days after the date of the ADR notice.

You can go to court. These terms are governed by English and Wales 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. If you’re a consumer and you’re unhappy with the transfer you can contact us at info@eugeniemichael.com to end the contract within thirty (30) days of us telling you about 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.

For questions or concerns regarding this disclaimer, please contact us at info@eugeniemichael.com