Terms And Conditions

Terms And Conditions

TERMS & CONDITIONS
These terms and conditions govern the purchase of training services from Elite Health & Aesthetics Training Academy Ltd by any Client. Any other terms and conditions provided by the Client during the purchase or booking of training services will not apply unless agreed upon in writing by Elite Health & Aesthetics Training Academy Ltd. These terms and conditions apply from the moment a service is booked or accepted by Elite Health & Aesthetics Training Academy Ltd. By using this service, the client agrees to comply fully with these terms and provisions. If the client does not agree with these terms and provisions, they should not proceed with any training course offered by Elite Health & Aesthetics Training Academy Ltd.
At Elite Health & Aesthetics Training Academy Ltd, we prioritise the security and safeguarding of the personal information that we handle. Our approach to data protection is both compliant and consistent, ensuring that your data remains safe. We would like to keep in touch with you and provide you with exclusive offers and additional information. You have the option to update your data preferences at any time.
Definitions
1. Throughout these Terms and Conditions “we”, “us”, “our” and “EHATA” are all references to the provider of the Services; namely ‘Elite Health & Aesthetics Training Academy Ltd trading as Perfect Definition Academy’.

2. Throughout these Terms & Conditions “you” or “your” are references to the client/delegate contracting with us under these Terms & Conditions.

3. “Training course” means the relevant training or service provided by EHATA at EHATA premises or at other locations as specified or otherwise explicitly agreed in writing with us.

4. “Buyer” means the organisation or person who buys Goods from the Seller.

5. “Conditions” means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.

6. “Delivery date” means the date specified by the Seller when the Goods are to be delivered or handed over to the Buyer/Client.

7. “Goods” means the articles to be supplied to the Buyer by the Seller.

8. “Intellectual Property Rights” means all patents, registered and unregistered designs, copyright, trademarks, know-how and all other forms of intellectual property wherever in the world enforceable.


9. “Price” refers to the price stated in the Seller’s list of prices for the Goods and/or Services, which is subject to modification from time to time, or any other price agreed upon in writing by the parties. This Price is inclusive of additional charges such as carriage, packing, insurance, or other charges that may be quoted by the Seller or as may be applicable under these conditions. Furthermore, interest may apply in accordance with these conditions.

10. The “Seller” means Elite Health & Aesthetics Training Academy.

11. The “Client” means the person who receives training/products from Elite Health & Aesthetics Training Academy.
Training Courses – Booking Information
12. All our prices advertised are subject to change at any time. Any previously advertised price either printed or found on the Internet will cease to be valid. The price quoted at time of contact with us either by email, phone or personal visit is only available for a maximum of 7 days and must be in writing from ourselves.

13. We are unable to reserve a place for any persons onto a course until either full payment or a deposit has been received and the place has been confirmed to you by us.

14. Full payment for your course must be made no later than 14 days prior to the first day of your course. You run the risk of losing your place on the course and your deposit if this is not made.

15. By booking onto a training course with a deposit payment or full payment, you are acknowledging that you have read and understood the terms and conditions herein.

16. Proof of ID, signed Terms & Conditions, Delegates Agreement and your Student Form must be returned prior to receiving confirmation of your booking. You have 7 days from the date of your booking to return these forms, after which your place will be secured so long as all monies are paid on time. Your course confirmation letter and manuals or exams will be sent at this time if relevant to your course.

17. All confirmed delegates will receive a booking confirmation. If you do not receive your booking confirmation let us know so we can confirm that there are no problems.

18. We reserve the right to decline any application for enrolment on a training course.

19. We reserve the right to cancel, re-schedule or vary any course or part of a course due to insufficient numbers, reasons beyond our control or changes in regulations.

20. If there are other prerequisites for a particular course, by booking on that course you warrant that you fulfil all of these prerequisites. Refunds will not be given where you have failed to meet the prerequisites or you have falsely declared that you meet the prerequisites, for example completing 100 hours pre-study.

21. Please advise us of any Disabilities or Additional Learning Requirements you may have prior to your course. This is to allow us to assist you in your chosen subject.

22. You must be registered for assessments with the appropriate awarding body prior to sitting the assessment.

23. Please ensure we have the correct spelling of your name for your certificate.
Training Courses – Cancellations and Refunds
24. If you need to cancel or postpone a course you must give us 4 weeks notice, under exceptional circumstances we may allow you to postpone your course with management discretion.

25. Courses can only be cancelled or postponed once, after which deposits will need to be paid again to secure your place. No refunds will be given against cancelled or postponed courses.

26. We require 4 weeks notice from the course start date to postpone your course. £50 administration fee is liable.

27. Cancellations less than 4 weeks prior to the start of the course result in full loss of the course cost unless there are exceptional circumstances and with management discretion.

28. For your security we will not accept cancellations by phone, text, or social media. If you wish to cancel or postpone a training course, you must indicate in writing or via email. Cancellations will only be accepted during our opening hours and not at evenings, weekends, or Holidays.

29. EHATA reserves the right to cancel, re-schedule or vary any course or part of a course due to insufficient numbers, reasons beyond control or changes in regulations. If we were to totally cancel the course (as opposed to just reschedule) we will refund any money paid to EHATA for the course.

30. Your course can be moved once, so long as it is to an equivalent course subject and booked and taken within six months of the original course. However, at this stage any outstanding monies must be paid. A further cancellation of the same course will result in losing all monies paid to date.

31. Where EHATA cancels a training course, we will not be held liable for transportation, accommodation, loss of earnings or any other associated costs.

32. You have unlimited support available post training. Some courses need plenty of practice after your course to perfect and refine your skills.
No refunds are available due to your inability to perform the treatment or change in your circumstances or the course not meeting your own personal expectations. It is important to note that everyone has different learning abilities, and you are responsible for informing your tutor of any additional support you require or changes you would like to see on the course to suit your expectations. However, we do offer post-training support and advice, as well as drop-in days for your convenience. If you require additional support in your chosen subject, we will work with you until you are satisfied with your newfound skills. It is our priority to ensure that you receive the best possible training experience with us.
Training Courses – Payments and Deposits
33. Deposits can be paid by cash, credit or debit card or bank transfer. All fees are priced in Pounds UK Sterling and VAT will be added at the appropriate rate where relevant.

34. Deposits are non-refundable unless EHATA cancel the course (not including postponing the course, in which case the deposit remains non-refundable).

35. You are unable to start a training course unless course fees have been paid for in full, unless the fee are being paid in instalments.

36. Where courses require pre-requisite learning, reading or research your training begins from the date that your manual is despatched. In this instance any fees paid will be non-refundable under our cancellation terms.

37. Course and assessment fees are payable whether or not you pass a particular assessment or receive a particular certificate. Refunds will not be given if you fail assessments or are not competent to receive a certificate.

38. You will be given the option to re-sit assessments at the next available opportunity if there are spaces available to re-sit that assessment, this will cost an additional fee.

39. Additional assessments will incur an extra assessment fee which will be charged at the normal rate for that assessment.

40. You must be registered for assessments with the appropriate awarding body prior to sitting the assessment.

41. Occasionally, we may reduce course prices at the last minute to avoid course cancellation due to low enrolment. In such cases, customers who have already paid for the course will not be eligible for the reduced price. Conversely, if you have paid an early bird booking price, we will not charge you more even if we sell the other places at full price. We also run special promotional offers from time to time, which are valid only for customers at that particular time. These offers have limited availability and cannot be backdated. Please note that terms and conditions may apply to promotional offers, and we encourage customers to read the terms and conditions carefully before taking advantage of any promotional offer.
Training Courses – Exams
42. Our goal is to issue certificates within a maximum of 90 days in cases where assessments are not influenced by awarding bodies. Please note that Elite Health & Aesthetics Training Academy Limited cannot be held responsible for the distribution of certificates issued by external bodies.

43. Where assessment results are conducted by an awarding body, there may be a delay in receiving the assessment result especially in the case of written papers.
Training Courses – General
44. When delegates are on our premises, they are required to adhere to all health and safety policies that we have in place. If a delegate is disruptive to others, violates health and safety guidelines, appears to be under the influence of drugs or alcohol, or poses a danger to themselves or others, we reserve the right to ask that delegate to leave the premises. Any delegate who is asked to leave the course for any of the above reasons will not be entitled to a refund. Our priority is the safety and well-being of all delegates, and we take these matters seriously to ensure a safe and conducive learning environment for everyone.

45. EHATA do not accept responsibility or any liability for your belongings whilst you are on site. This includes personal equipment and vehicles which are brought onto the premises are left entirely at the owner’s risk.

46. Tutors may require students to complete written, oral exams, and/or case studies in order to maintain high standards. Any requests for refresher sessions or additional one-on-one training will incur a fee of £50 per hour, with a minimum booking of two hours required. Availability for these sessions will be subject to scheduling constraints.

47. Certificates can be replaced. There is a fee of £25 per certificate to cover the cost of reprinting, postage and searching for the student database for information. Payment is made at the time of ordering your certificate. Certificates will say ‘Duplicate’ on them.

48. We maintain an equal opportunities policy as part of our commitment to excellent customer service. We strictly prohibit all forms of discrimination, including sexism, ageism, racism, and any other kind of discrimination. EHATA will not tolerate physical or verbal abuse towards any trainer or student, and students can rest assured that they will not face any discrimination while on our courses. However, it’s important to note that both male and female students attend our courses, and we will pair you up with someone accordingly for practice, which may include working with someone of the opposite sex. Please be aware that if you choose not to work with another student, you will forfeit your fee for the day.

49. EHATA operates a strict non-smoking policy.

50. Mobile phones must be switched off or turned on silent in the training rooms at all times.

51. Children are not allowed at the training venues.

52. Our goal is to offer you the opportunity to work with as many models as possible on each area, though we cannot guarantee specific numbers and there may be uneven distribution of treatments per area. It should be noted that EHATA cannot be held responsible if a model does not show up.

53. EHATA has no responsibility to produce models, on some Courses there may be no models.

54. EHATA strictly prohibits delegates from disclosing their personal information to clients, including trainers and models, or attempting to attract business that has been introduced through EHATA training. Any violation of this policy will be considered a serious offense, and legal action may be taken against the trainee if such behaviour is discovered.

Sales of Products – General
55. It is recommended for Permanent Makeup trainees to check the legislations of their local council/authorities in regards to Permanent Makeup license and before purchasing products to ensure that they choose a device that is suitably compliant and are familiar with the licensing requirements of their local council.

56. EHATA accepts no responsibility for the purchasing of a device that is not considered compliant by a regional authority (as legislations differ between councils/countries) and offers a range of available devices.

57. EHATA does not assume any responsibility for the impact of individual council or country legislation on a client’s ability to receive Permanent Makeup treatment. EHATA advises trainees to verify the local requirements of their council or jurisdiction before purchasing any products from EHATA.

58. All product purchases are non-refundable once opened. EHATA will not be held responsible for a technician using products incorrectly if a product bundle has been purchased without training.
Complaints
59. If you have any complaints, please address them in the first instance to the tutor, lecturer, or person in charge. If you are not satisfied with the outcome, you may take it up as per our company complaints procedure for delegates, which is available upon request. Please note that awarding bodies will not accept complaints directly unless you have followed this process. Our goal is to address any concerns that you may have in a prompt and professional manner to ensure that you have a positive learning experience with us.

60. As part of our complaints policy, we request that you refrain from publishing, or causing the publication of, your complaint more widely. This includes not discussing the complaint orally with third parties, as well as refraining from publishing it in writing to third parties or to the world at large through the use of the internet. Our goal is to address any complaints in a professional and confidential manner to protect the privacy and interests of all parties involved.

61. If You have any cause to complain about us or any of our technicians and your complaint in any way relates to our provision of the services then you agree in the first instance:

61.1 to put your complaint in writing to us using the natalia@perfectdefinitionacademy.com or el@perfectdefinitionacademy.com; and

61.2 not to publish (or cause the publication of) your complaint any more widely whether orally to third persons, in writing to third persons or to the world at large through the use of the Internet.

62. By agreeing to these terms and conditions, you also agree to follow our correct complaints procedure as outlined in clause 59. Additionally, you acknowledge that breaching clause 60 and 61.2 by publishing or causing to be published any defamatory statements about us or any of our trainers to any third parties, whether through social media or any other means, could cause significant harm to our reputation and business. Therefore, in such circumstances, we reserve the right to claim damages against you in defamation proceedings before the Court for such sum as we are advised to claim by our legal advisors.

63. We will investigate Your complaint and give our considered response to it within 21 days of Your complaint being received.

64. If you agree to a settlement offered by us in response to your complaint, the settlement will be considered final and will be fully implemented. The terms of the settlement will be kept private and confidential between the parties involved, including any legal advisors if applicable.

65. For the avoidance of any doubt, your responsibility under clause 61.1 will continue until the delivery of a final judgment in an open court on any legal claim you initiate in accordance with the provisions of this clause. This obligation is not to extend beyond that point.

Data Protection
66. We are committed to ensuring the security and protection of the personal information that we process and to provide a compliant and consistent approach to data protection.

67. We comply with the Data Protection Act 1998. Full information regarding how we use your data will be provided upon request.

68. Personal data is defined by the General Data Protection Regulation (EU Regulation 2016/679) (the “GDPR”) as ‘any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier’.

69. The information that we collect from you will only be used for the purpose of providing background information for arranging training or delivering products. We value our relationship with our clients and will retain your data for as long as it is mutually beneficial to do so. However, you have the right to request the deletion of your data at any time.

70. EHATA may disclose your contact information to our business agents and service providers for the purposes above.

71. Cookies: We may use cookies on our website to enhance your browsing experience and provide personalized content. Cookies are small text files that are stored on your computer or device when you visit our website. You have the option to disable cookies through your browser settings, but please note that this may affect the functionality of our website.

72. Google Analytics: We may use Google Analytics, a web analytics service provided by Google, Inc., to track and analyse website traffic and usage. Google Analytics uses cookies to collect anonymous data, such as your IP address, browser type, and pages visited on our website. This information is used to improve our website performance and optimize our marketing efforts. You can learn more about how Google collects and uses data by visiting their Privacy Policy.

73. Facebook Pixel: We may use Facebook Pixel, a tracking tool provided by Facebook, Inc., to measure the effectiveness of our advertising campaigns on Facebook and to deliver targeted ads to our website visitors on Facebook. Facebook Pixel uses cookies to collect data such as your IP address, browser type, and pages visited on our website. This data is used to personalize and optimize our Facebook ads. You can learn more about how Facebook collects and uses data by visiting their Data Policy.

74. Marketing Communications: By providing your contact information to us, you consent to receive marketing communications from us, including but not limited to emails, newsletters, and promotional offers. You have the option to unsubscribe from these communications at any time by contacting us directly.

75. Third-Party Links: Our website may contain links to third-party websites or services. Please note that we are not responsible for the privacy practices of these third-party websites or services. We encourage you to review the privacy policies of these websites or services before providing any personal information.

76. Data Retention: We will retain your personal data for as long as it is necessary to fulfil the purposes for which it was collected, unless a longer retention period is required by law. You have the right to request the deletion of your personal data at any time by contacting us directly.

77. Data Security: We take appropriate measures to protect the security and confidentiality of your personal data, including but not limited to encryption, password protection, and regular security audits. However, please note that no method of transmission or storage over the internet is completely secure, and we cannot guarantee the absolute security of your personal data.

78. Data Subject Rights: Under the GDPR, you have certain rights with respect to your personal data, including the right to access, rectify, erase, restrict processing, and data portability. If you wish to exercise any of these rights, please contact us directly.

79. Contact Information: If you have any questions, concerns, or requests regarding our data protection practices, please contact our designated Appointed Contact Person, Natalia Kwiecinska, at natalia@perfectdefinitionacademy.com or through our website’s contact form.
Intellectual Property Rights
80. EHATA retains full ownership of all intellectual property and any reproductions of course materials, booklets, website content, terms & conditions, or training aids without written permission from EHATA would constitute copyright infringement. Replicating or redistributing such materials is prohibited by law. Before capturing any photos or videos during training, it is necessary to obtain prior consent.

81. The training courses are run and endorsed by Perfect Definition Academy and not EHATA, trainees can advertise that they have trained only with ‘Perfect Definition Academy’ and not ‘EHATA’.

82. Trainees are only authorised to use ‘Perfect Definition Academy’ to advertise. They are not permitted to use the EHATA name as self-promotion, only to state the exact course that they have completed and the certificate that they hold and if received out seal of approval to use that for their advertising.

83. Trainees are strictly prohibited from using any images, text, or logos belonging to EHATA without obtaining express permission from El Truchan or Natalia Kwiecinska. All images, text copy, and logos, including those found on perfectdefinitionacademy.com, are protected by copyright and trademark laws. However, trainees are authorised to use the ‘Perfect Definition Academy’ logo and their Tier logo after achieving it.

84. If any goods that we supply contain computer programs and/or related documentation that are copyrighted by a third party, any rights and liabilities related to their use and/or reproduction will be subject to the terms of the applicable end user license. We will be exempt from all liabilities and obligations associated with such use and/or reproduction.
85. The Buyer will indemnify us against all liabilities for infringement of third party intellectual property rights arising from our compliance with the Buyer’s specific requirements regarding design or specification for the Goods or arising from the use of the Goods in combination with other products.

86. If all of the goods or their use are found to constitute an infringement of any intellectual property rights and are thus prevented from use, the seller will, at their own expense and discretion, either secure for the buyer the right to continue using the goods, replace them with a non-infringing product, or modify the goods to make them non-infringing. Alternatively, the seller may choose to reclaim the goods and refund the buyer. However, the seller will not be liable to the buyer for any loss, damage, or inquiry, whether direct or indirect, arising from any intellectual property right infringement of the goods, subject to the aforementioned options.

87. Any intellectual property rights resulting from or produced by the performance of any contract will become the sole property of the seller, to the extent not already owned. The buyer is required to undertake all reasonable actions to ensure that such rights become vested in the seller, including executing necessary instruments or agreements with third parties.

Disclaimer
88. Participation of a delegate in a training course, even upon completion and receipt of a formal qualification certificate, does not offer any assurance regarding the delegate’s workmanship, performance, quality, or status in future undertakings.

89. All information provided is given in good faith and EHATA will not be held responsible for actions taken by the delegate/client, any other individual or organisation as a result of the information provided during the training course.

90. Completion of a training course does not guarantee any income for the delegate or a particular level of skill.
Post Training Support
91. Post-training support is available for all courses for one year after course completion. We are able to give advice over the phone, via email or to arrange meetings online or at the training school premises.

92. Your course trainer, Company Directors or other individual staff members may not be able to get back to you quickly due to commitments. However, other members of the team, including other trainers will be able to assist you.

93. Delegates are prohibited from contacting our trainers or staff through personal means such as personal phones, home addresses, emails, or social network sites. However, our staff can be reached through our business emails.

Sales of Goods

94. These conditions are applicable to all contracts for the sale of goods by the seller to the buyer, and supersede all other terms and conditions, including any terms or conditions that the buyer may attempt to apply through a purchase order, order confirmation, or similar document.

95. All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Conditions.

96. Acceptance of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Conditions.

97. Any variation to these Conditions (including any special terms and conditions agreed between the parties including without limitation as to discounts) shall be inapplicable unless agreed in writing by the Seller.

98. Any advice, recommendation, or representation provided by the seller or their employees or agents to the buyer or their employees or agents regarding the storage, application, use of the goods, or other matters, which is not confirmed in writing by the seller, is followed or acted upon solely at the buyer’s own risk. Consequently, the seller shall not be held responsible for any such advice, recommendation, or representation that is not confirmed in writing.

99. Nothing in these Conditions shall affect the statutory rights of any Buyer dealing as a Consumer.

100. Any description given or applied to the Goods is given by way of identification only and the use of such description shall not constitute a sale by description. For the avoidance of doubt, the Buyer hereby affirms that it does not in any way rely on any description when entering into the contract.

100.1 a deposit payment will be collected, and upon receiving the loan device, the deposit will be refunded. The refund will be deducted by the cost of postage and packaging.

100.2 the Buyer/Trainee will be liable for all costs associated with the condition that the device arrives in.
Delivery of Goods
101. Unless otherwise agreed in writing, delivery of the Goods shall take place at the designated pre-agreed address or delivery method. The Buyer shall make all arrangements necessary to take delivery of the Goods and take them away from the training school.

102. The delivery date provided by the Seller is only an estimate. Time is not considered to be a critical aspect of the contract, and although reasonable efforts will be made to meet the delivery date, the Seller cannot guarantee compliance. Therefore, the Buyer has no right to claim damages or cancel the order in the event of failure to meet any delivery date for any reason.

103. If the Buyer is unable to accept the Goods, the Seller has the right to place the Goods in storage until a delivery date can be agreed upon. In this case, the Buyer will be responsible for any costs associated with the storage of the Goods.

104. The Seller may choose to deliver the Goods in instalments, and each delivery will be considered a separate contract. If the Seller fails to deliver one or more instalments, the Buyer cannot treat any other related contract as cancelled.

105. If the Seller is delayed or unable to deliver the Goods on the originally agreed delivery date, the Buyer is still obliged to accept delivery and pay for the Goods in full as long as the delivery is made within 3 months of the original delivery date.

106. It is common for training providers to make substitutions for course materials or equipment if they become unavailable due to unforeseen circumstances. In this case, EHATA reserves the right to substitute a product of equal value if it is unavailable and is likely to be unavailable for the proceeding three months. This ensures that the client still receives a product of similar value and quality as the original item.

107. Where a delegate is completing a Course on finance, where a product is unavailable an immediate substitution of products of equivalent value will be made.
Liability and Indemnity
108. EHATA will comply with all relevant health and safety legislation and exercise reasonable care and skill in delivering training to Clients. Whilst delegates are on the premises they are obliged to abide by all Health and Safety policies that are in place.

109. Although EHATA will exercise reasonable care and take reasonable precautions, the Client agrees to indemnify and hold harmless EHATA from and against all claims made in respect of:

109.1 personal injury (including injury, illness or disease resulting in death), and/or loss of or damage to any property, except for cases where such harm is caused by the negligence of EHATA, its employees, or contractors acting in the performance of their duties, or fraudulent misrepresentation by EHATA. EHATA will only be responsible for harm caused by its own fault or wrongdoing,

109.2 EHATA will not be held liable for any self-inflicted needle stick injuries,

109.3 where a delegate is disruptive to other delegates, breaches health and safety guidelines or appears to be under the influence of drugs or alcohol or endangers themselves or others, we reserve the right to ask that candidate to leave the premises. Delegates that are asked to leave the course for the above reasons will not be entitled to a refund.

109.4 On Courses which there is a disruptive delegate, EHATA cannot be held liable for the consequences of their actions on other individuals, although EHATA will take the necessary action, as per clause 102.3, in removing them from the Course.

110. EHATA is not responsible for the loss or damage of personal belongings of delegates brought onto the premises, including personal equipment and vehicles, and such items are brought entirely at the owner’s risk.

111. EHATA reserves the right to ask a candidate to leave the course if they arrive excessively late, miss any part of the course, or if it is believed that they will be unable to pass the course as a result. In such cases, the full product fees will still be payable and no refund will be possible.

112. We shall not be held responsible for any emails that you fail to read in a timely manner regarding your course, including changes or cancellations.

113. EHATA is not liable for any parking tickets or any other fines received.

114. EHATA’s liability to the Client or its delegates is limited to the price of the training to the maximum extent allowed by English law, whether for breach of this agreement or in tort. EHATA will not be liable to the Client for any indirect or consequential loss.

115. All correct government guidelines will be adhered to and EHATA will not be held liable for any trainee contracting COVID-19 during their time training.

116. Trainees who contracted COVID-19 can reschedule their course upon submission of a doctor’s letter. Refunds will not be issued. Please check current government’s guidelines regarding COVID-19.
Liability for Products
117. The Seller shall not be liable for any representation made by the Seller, or on its behalf, to the Buyer, or to any party acting on its behalf, prior to the making of this contract where such representations were made or given in relation to:

117.1 the correspondence of the Goods with any description or sample;

117.2 the quality of the Goods; or

117.3 the fitness of the Goods for any purpose

118. The Seller shall not accept any liability to the Buyer for any express term of this contract, which in any way relates to:

118.1 the correspondence of the Goods with any description,

118.2 the quality of the Goods, or

118.3 the fitness of the Goods for any purpose whatsoever.

119. Unless the Buyer is dealing as a consumer, all other warranties, conditions or terms relating to the fitness for purpose, quality, or condition of the Goods, whether expressed or implied by statute, common law or otherwise, are excluded from the contract to the maximum extent permitted by law.

120. The Seller explicitly states that they will not be liable for any type of consequential or financial loss, regardless of the cause. Upon delivery, the Buyer is responsible for inspecting the products and no refunds will be given unless the products are found to be faulty. It is important to note that the products are sold in their current condition.
Force Majeure
121. The Seller will not be held responsible for any delay or inability to carry out its obligations due to events or circumstances beyond its control, including but not limited to natural disasters, labor strikes, accidents, war, fire, mechanical breakdown, or shortage of raw materials. In such cases, the Seller will be entitled to a reasonable extension of its obligations. If the delay is deemed unreasonable by the Seller, the Seller may terminate the contract or a portion of it without incurring any liability.
Acceptance
122. As a distributor of Goods, the Seller does not have responsibility for detailing the specification of the Goods. It is the sole responsibility of the Buyer to provide such details, to determine the intended use of the Goods, and to ensure their suitability for such use.

123. Upon delivery, it is the responsibility of the Buyer to inspect the Goods at the agreed location. The Buyer will be considered to have accepted the Goods upon signing the sheet provided by EHATA that details the products given to them.

124. The Buyer must provide written notice, along with all supporting evidence, to the Seller within 14 days of delivery in order to make a claim for defect, damage, or quality. If such notice is not received within the specified timeframe, no claim will be entertained, except where the Seller’s other rights pursuant to these Conditions are concerned. Once the Goods have been accepted by the Buyer, they will not be entitled to reject any Goods that do not comply with the contract.

125. It is strictly prohibited for the Buyer to remove or tamper with any marks or numbers on the Goods. In the event that such interference occurs, EHATA will not be liable for any defects or faults found in the products. Moreover, if tampering is evident on the device, any warranty provided by EHATA will be void and any future servicing required will be chargeable.
Risk
126. The Buyer assumes the risk of damage or loss of the Goods. If the Goods are to be delivered at the Seller’s premises, the risk passes to the Buyer when the Seller gives the Goods to them. If the Goods are to be delivered elsewhere, the risk passes to the Buyer upon delivery.

127. After the delivery and the transfer of risk in the Goods, the ownership of the Goods will not be transferred to the Buyer until the Seller has received full payment of the Goods’ price and any other Goods sold by the Seller to the Buyer for which payment is due, and the payment has been cleared.
Warranty
128. If the Goods are discovered to be defective, the Seller will provide a replacement for the defective Goods at no cost during the manufacturer’s warranty period, starting from the delivery date. However, this is subject to the following conditions:

128.1 The Buyer must give written notice to the Seller of any defects as soon as practicable after the defect is discovered, and no later than 14 days after the end of the warranty period,

128.2 the defect being due to faulty design, materials or labour;

128.3 The defective Goods must be returned to the Seller’s premises at the Buyer’s expense, unless otherwise agreed.

128.4 The Seller must be satisfied that the defect was not caused by misuse, neglect, incorrect installation, repair, alteration or modification of the Goods without the Seller’s approval, or accident.

128.5 The Goods must not have been used after the Buyer became aware or should have become aware of the defect.

128.6 The Seller’s liability for defective Goods shall be limited to the cost of replacing the defective Goods or repairing them at the Seller’s option.
Waiver
129. The parties’ failure to enforce any of the Conditions in this agreement at any time or for any period shall not be considered a waiver of those conditions, nor shall it be deemed to imply that either party is the agent of the other.
Severability
130. In the event that any court of competent jurisdiction holds any term or provision of these Conditions to be invalid, illegal or unenforceable for any reason, that provision shall be removed and the remaining provisions shall remain in full force and effect as though the Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
Entire Agreement
131. These Conditions and any documents incorporating them or incorporated by them constitute the entire agreement and understanding between the parties.
Governing Law and Jurisdiction
132. This Agreement shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusion jurisdiction of the English courts.

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