Bernie Prior Foundation – Online Sales Agreement
1.1 Definitions: In this agreement, unless the context otherwise requires:
“Agreement” means the Agreement of sale set out in this agreement and any special Agreement as agreed in writing by the Seller;
“Business Day” means any day (other than a Saturday, Sunday or a public holiday in Auckland) on which registered banks are open for general banking business;
“Buyer” means the individual or organisation who buys or agrees to buy the Goods from the Seller;
“Contract” means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Agreement;
“Deposit” has the meaning given in clause 3.3;
“Event” means a Bernie Prior retreat, talk or seminar;
“Fee” means the fee payable for Goods or Events;
“Goods” means the articles that the Buyer agrees to buy from the Seller, including Bernie Prior tapes, videos and booklets;
“Seller” means the Bernie Prior Foundation of 30 Governors Bay/Teddington Road, Ohinetahi Valley, RD1, Lyttleton, Christchurch, New Zealand;
“Website” means the website at http://www.bernieprior.org.
1.2 Interpretation: In this agreement, unless the context requires otherwise:
a) words importing the singular include the plural and vice versa; words importing any gender include every gender; reference to persons include bodies corporate and unincorporate.
b) any reference to a party to this agreement includes a reference to its successors in title and permitted assigns.
c) an obligation not to do anything includes an obligation not to suffer, permit or cause anything to be done.
d) “including” and similar words do not imply any limitation.
IT IS AGREED
2. Ordering and Acceptance
2.1 Goods and Events: All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods or Events pursuant to this Agreement and are subject to acceptance by the Seller, who may choose not to accept an order for any reason.
2.2 Acceptance: Clicking the "I Accept" or "Subscribe" button is deemed to be full and unconditional acceptance the terms of this Agreement in the same manner as if the Buyer had personally signed this Agreement.
3. Fees, Deposits and Payment
3.1 Fees: The Fee stipulated on the Seller’s Website is inclusive of any Goods and Services Tax payable in New Zealand and includes delivery charges. Fees shown on the Website are subject to change without notice.
3.2 Currency: Fees for Goods and Events will be quoted in the local currency of the Buyer, and both will, at the Seller’s discretion, be converted to the Seller’s preferred currency of New Zealand Dollars at the exchange rate of the day of payment.
3.3 Fees for Goods: The Seller will not deliver Goods unless the Fee for all Goods ordered by the Buyer has been received by the Seller in full.
3.4 Deposit for Events: The Seller will not book any Events for the Buyer unless a Deposit of at least 20% of the Fee has been received by the Seller, which Deposit shall be non-refundable unless the Event is cancelled by the Seller.
3.5 Fee for Events: The Buyer may only attend an Event if:
(a) 80% of the Fee for the Event is received by the Seller not later than 5 working days before the Event; and
(b) the full Fee payable by the Buyer for that Event has been received by the Seller at least 5 clear Working Days prior to the commencement date of the Event.
Failure by the Buyer to comply with (a) and (b) above will result in cancellation of the Buyer’s booking for that Event, and the Seller will refund any Deposit and Fees paid by the Buyer for the Event.
4.1 Warranty: The Seller warrants that the Goods will, at the time of dispatch, correspond to the description given by the Seller.
5. Delivery of Goods
5.1 Delivery Estimates: By way of guideline only, the Seller should expect to receive goods within the following approximate timeframes:
(a) Delivery will usually be made within 5 Business Days of acceptance of an order.
5.2 Liability for Delays: The Seller shall use its reasonable endeavours to meet the delivery estimates referred to in clause 5.1 above, and any date agreed for delivery of Goods, but in either circumstance, the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated or agreed delivery date.
5.3 Retention of Title: Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods to the Buyer.
6. Cancellation of Events
6.1 Cancellation by the Seller: Where an Event is cancelled by the Seller, the Buyer will be entitled to a refund of any fees paid for that Event, including any Deposit paid.
(a)The Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer in relation to travel to and from that Event. It is entirely the Buyer's responsibility that all travel related costs and issues are sufficiently insured.
6.2 Failure to attend: The Seller is not required to refund to the Buyer any Fees for an Event if the Buyer fails to attend that Event.
7. Return of Goods
7.1 Return of Goods: The Buyer may return any damaged or defective Goods to the Seller who, on verifying the damage or defect, will refund the Buyer’s Fee in full, including the Buyer’s reasonable costs for returning the damaged or defective Goods.
7.2 Failure to return cancelled Goods: If the Buyer fails to return the Goods following cancellation, the Seller shall be entitled to deduct the cost of recovering the Goods from any Fee to be reimbursed to the Buyer.
7.3 Damage by Buyer: Where returned Goods are found to be damaged due to some act by the Buyer, the Seller will not be liable for any costs of remedying or repairing the Goods.
8. Limitation of Liability
8.1 Limitation: The Seller’s liability under this Agreement for any harm, loss or damage whatsoever to the Buyer or any other party, howsoever caused, is limited to the Fees which have been paid to the Seller by the Buyer under this Agreement during the one month period immediately prior to the date the claim arises.
9. Media Consent
9.1 Retreats, Workshops and Meetings:
Please note that all sessions are audio taped and often filmed. These recordings are copyrighted property of Bernie Prior Foundation and may be used for various purposes. Your image or words may appear in this material and clicking to checkout implies your consent to this. All materials are used exclusively to further the expansion of Bernie Prior’s Teaching globally in the service of the Awakening of Humanity.
10.1 Waiver: No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
10.2 Force Majeure: The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.
10.3 Severance: Any unlawful or voidable provision in this Agreement will be read down so as to be valid and enforceable or, if it cannot be read down, will be severed from this Agreement without affecting the validity, legality or enforceability of the remaining provisions, provided the reading down or severing does not materially affect the purpose of, or frustrate this Agreement.
10.4 Waiver and Variation: The Seller shall be entitled to alter this Agreement at any time. but this right shall not affect the existing Agreement accepted by the Buyer upon making a purchase.
10.5 Governing Law: This agreement shall be governed by and construed in accordance with the laws of New Zealand, irrespective of whether the Goods or Events are provided outside of New Zealand.
11. Teaching The Form-Reality Practice™
11.1 Only Accredited Teachers of The Form-Reality Practice™ are entitled to teach The Form - Reality Practice™. Accredited Teachers are actively and ongoingly engaged in the Teacher Training Program through the Bernie Prior Foundation.