HEALTH AND SAFETY POLICY
PURPOSE OF POLICY
1. FA Improv LTD (the Employer) takes health and safety issues seriously and is committed to protecting the health and safety of its staff and all those affected by its business activities and attending its premises. This policy is intended to help the Employer achieve this by clarifying who is responsible for health and safety matters and what those responsibilities are.
2. This is a statement of policy only and does not form part of your contract of employment. This policy may be amended at any time by the Employer in its absolute discretion. The Employer will review this policy at regular intervals to ensure that it is achieving its aims effectively.
Who is responsible for workplace health and safety?
3. Achieving a healthy and safe workplace is a collective task shared between the Employer and staff. This policy and the rules contained in it apply to all staff of the Employer, irrespective of seniority, tenure and working hours, including all employees, directors and officers, consultants and contractors, casual or agency staff, trainees, homeworkers and fixed-term staff and any volunteers. Specific responsibilities of staff are set out in the section headed "Responsibilities of all staff" below.
Employer responsibilities
4. The Employer is responsible for:
a. taking reasonable steps to safeguard the health and safety of staff, people affected by the Employer's business activities and of people visiting its premises;
b. identifying health and safety risks and finding ways to manage or overcome them;
c. providing a safe and healthy place of work and safe entry and exit arrangements, including during an emergency situation;
d. providing and maintaining safe working areas, equipment and systems and, where necessary, appropriate protective clothing;
e. providing safe arrangements for the use, handling, storage and transport of articles and substances;
f. providing adequate information, instruction, training and supervision to enable all staff to do their work safely, to avoid hazards and to contribute positively to their own health and safety at work. The Employer will give you the opportunity to ask questions and advise who best to contact in respect of those questions, if you are unsure about how to safely carry out your work;
g. ensuring any health and safety representatives receive appropriate training to carry out their functions effectively;
h. providing a health and safety induction and appropriate safety training to your role;
i. promoting effective communication and consultation between the Employer and staff concerning health and safety matters and will consult with staff directly relating to health and safety;
j. if an epidemic or pandemic alert is issued, providing instructions, arrangements and advice to staff as to the organisation of business operations and steps to be taken to minimise the risk of infection; and
k. regularly monitoring and reviewing the management of health and safety at work, making any necessary changes and bringing those to the attention of all staff.
5. The board of directors of the Employer has overall responsibility for health and safety and has appointed Supervisor as the Principal Health and Safety Officer with day-to-day responsibility for health and safety matters.
6. Any concerns about health and safety matters should be notified to the Principal Health and Safety Officer.
Responsibilities of all staff
General staff responsibilities
7. All staff must:
a. take reasonable care for their own health and safety and that of others who may be affected by their acts or omissions;
b. co-operate with the Principal Health and Safety Officer and the Employer generally to enable compliance with health and safety duties and requirements;
c. comply with any health and safety instructions and rules, including instructions on the safe use of equipment;
d. keep health and safety issues in the front of their minds and take personal responsibility for the health and safety implications of their own acts and omissions;
e. keep the workplace tidy and hazard-free;
f. report all health and safety concerns to the Principal Health and Safety Officer promptly, including any potential risk, hazard or malfunction of equipment, however minor or trivial it may seem; and
g. co-operate in the Employer's investigation of any incident or accident which either has led to injury or which could have led to injury, in the Employer's opinion.
Staff responsibilities relating to equipment
8. All staff must:
a. use equipment as directed by any instructions given by representatives of management or contained in any written operating manual or instructions for use and any relevant training;
b. report any fault with, damage to or concern about any equipment (including health and safety equipment) or its use to the Principal Health and Safety Officer, who is responsible for maintenance and safety of equipment;
c. ensure that health and safety equipment is not interfered with; and
d. not attempt to repair equipment unless suitably trained and authorised.
Staff responsibilities relating to accidents and first aid
9. All staff must:
a. promptly report any accident at work involving personal injury, however trivial, to the Principal Health and Safety Officer so that details can be recorded in the Accident Book and cooperate in any associated investigation;
b. familiarise themselves with the details of first aid facilities and trained first aiders, which are available from the Principal Health and Safety Officer;
c. if an accident occurs, ask for the duty first aider, giving name, location and brief details of the problem. In the event of no first aider being reachable, please call 111 or 999.
d. The Principal Health and Safety Officer is responsible for investigating any injuries or work-related disease, preparing and keeping accident records, and for submitting reports under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR), where required.
Staff responsibilities relating to national health alerts
10. If an epidemic or pandemic alert is issued, all staff must comply and co-operate with all instructions, arrangements and advice issued by the Employer as to the organisation of business operations and steps to be taken by staff to minimise the risk of infection. Any questions should be referred to the Principal Health and Safety Officer.
Staff responsibilities relating to emergency evacuation and fire
11. All staff must:
a. familiarise themselves with the instructions about what to do if there is a fire which are displayed on the notice board in Lower Stairwell into the cellar;
b. ensure they are aware of the location of fire extinguishers, fire exits and alternative ways of leaving the building in an emergency;
c. comply with the instructions of firewardens if there is a fire, suspected fire or fire alarm (or a practice drill for any of these scenarios);
d. co-operate in fire drills and take them seriously (ensuring that any visitors to the building do the same), fire drills will be held at least once every 12 months;
e. ensure that fire exits or fire notices or emergency exit signs are not obstructed or hidden at any time;
f. notify the Principal Health and Safety Officer immediately of any circumstances (for example, impaired mobility) which might hinder or delay evacuation in a fire. This will allow the Principal Health and Safety Officer to discuss a personal evacuation plan for you, which will be shared with the fire wardens and colleagues working near to you
12. On discovering a fire, all staff must:
a. immediately trigger the nearest fire alarm and, if time permits, call Bar Manager and notify the location of the fire; and
b. attempt to tackle the fire ONLY if they have been trained or otherwise feel competent to do so. Nominated members of staff will be trained in the use of fire extinguishers.
13. On hearing the fire alarm, all staff must:
a. remain calm and immediately evacuate the building, walking quickly without running, following any instructions of the fire wardens;
b. leave without stopping to collect personal belongings;
c. stay out of any lifts; and
d. remain out of the building until notified by a fire warden that it is safe to re-enter.
The Principal Health and Safety Officer is responsible for ensuring fire risk assessments take place and changes made where required, and for making sure there are regular checks of fire extinguishers, fire alarms, escape routes, signage and emergency lighting.
Risk assessments, display screen equipment and manual handling
14. Risk assessments are simply a careful examination of what in the workplace could cause harm to people. The Employer will assess any risks and consider measures to best minimise any risk. The Employer will carry out general workplace risk assessments when required or as reasonably requested by staff. Managers must ensure that any necessary risk assessments take place and the resulting recommendations are implemented. The Principal Health and Safety Officer is responsible for workplace risk assessments and any measures to control risks.
15. Staff who use a computer for prolonged periods of time should try, where possible to organise short breaks every few hours away from the computer screen, but may request a workstation assessment and/or an eye test by an optician by contacting the Principal Health and Safety Officer. The Principal Health and Safety Officer will then provide you with more details and make arrangements if you would like to proceed.
16. Guidance on manual handling (for example, lifting and carrying heavy objects) can be obtained from the Principal Health and Safety Officer and where necessary training will be provided by the Employer, but the Employer will try to minimise or avoid the need for manual handling where there is a risk of injury..
Non-compliance with health and safety rules
17. Any breach of health and safety rules or failure to comply with this policy will be taken very seriously and is likely to result in disciplinary action against the offender, in accordance with the Employer's disciplinary policy, up to and including immediate dismissal.
EQUAL OPPORTUNITIES POLICY
STATEMENT OF POLICY AND PURPOSE OF POLICY
1. FA IMPROV LTD (the Employer) is committed to equal opportunities for all staff and applicants.
2. It is our policy that all employment decisions are based on merit and the legitimate business needs of the organisation. The Employer does not discriminate on the basis of race, colour or nationality, ethnic or national origins, sex, gender reassignment, sexual orientation, marital or civil partner status, pregnancy or maternity, disability, religion or belief, age or any other ground on which it is or becomes unlawful to discriminate under the laws of England and Wales (referred to as Protected Characteristics).
3. Our intention is to enable all our staff to work in an environment which allows them to fulfill their potential without fear of discrimination, harassment or victimisation. The Employer's commitment to equal opportunities extends to all aspects of the working relationship including:
recruitment and selection procedures;
terms of employment, including pay, conditions and benefits;
training, appraisals, career development and promotion;
work practices, conduct issues, allocation of tasks, discipline and grievances;
work-related social events; and
termination of employment and matters after termination, including references.
4. This policy is intended to help the Employer achieve its diversity and anti-discrimination aims by clarifying the responsibilities and duties of all staff in respect of equal opportunities and discrimination. The Employer will promote effective communication and consultation between the Employer and staff concerning equal opportunities by means it considers appropriate.
5. The principles of non-discrimination and equal opportunities also apply to the way in which staff treat visitors, clients, customers, suppliers and former staff members.
6. This is a statement of policy only and does not form part of your contract of employment. This policy may be amended at any time by the Employer, in its absolute discretion.
Who is responsible for equal opportunities?
7. Achieving an equal opportunities workplace is a collective task shared between the Employer and all its staff. This policy and the rules contained in it therefore apply to all staff of the Employer irrespective of seniority, tenure and working hours, including all employees, directors and officers, consultants and contractors, casual or agency staff, trainees, homeworkers and fixed-term staff and any volunteers or interns (referred to as Staff).
8. The board of directors of the Employer has overall responsibility for this policy and for equal opportunities and discrimination law compliance in the workplace and the Director has been appointed as the person with day-to-day operational responsibility for these matters.
9. All Staff have personal responsibility to ensure compliance with this policy, to treat colleagues with dignity at all times and not to discriminate against or harass other members of Staff, visitors, clients, customers, suppliers and former staff members. In addition, Staff who take part in management, recruitment, selection, promotion, training and other aspects of career development (referred to as Managers) have special responsibility for leading by example and ensuring compliance.
10. Managers must take all necessary steps to:
promote the objective of equal opportunities and the values set out in this policy;
ensure that their own behaviour and those of the Staff they manage complies in full with this policy;
ensure that any complaints of discrimination, victimisation or harassment (including against themselves) are dealt with appropriately and are not suppressed or disregarded.
What is discrimination?
11. Discrimination occurs in different ways, some more obvious than others. Discrimination on the grounds of any of the Protected Characteristics is prohibited by law, even if unintentional, unless a particular exception applies.
Direct discrimination
12. Direct Discrimination is less favourable treatment because of one of the Protected Characteristics. Examples would include refusing a woman a job as a chauffeur because you believe that women are not good drivers or restricting recruitment to persons under 40 because you want to have a young and dynamic workforce.
13. Direct discrimination can arise in some cases even though the person complaining does not actually possess the Protected Characteristic but is perceived to have it or associates with other people who do. For example, when a person is less favourably treated because they are (wrongly) believed to be homosexual or because they have a spouse who is Muslim.
Indirect discrimination
14. Indirect discrimination arises when an employer applies an apparently neutral provision, criterion or practice which in fact puts individuals with a particular Protected Characteristic at a disadvantage, statistically and this is unjustified. To show discrimination the individual complaining also has to be personally disadvantaged. An example would be a requirement for job candidates to have ten years' experience in a particular role, since this will be harder for young people to satisfy. This kind of discrimination is unlawful unless it is a proportionate means of achieving a legitimate aim.
Victimisation
15. Victimisation means treating a person less favourably because they have made a complaint of discrimination or have provided information in connection with a complaint or because they might do one of these things.
Harassment
16. Harassment is:
unwanted conduct which is related to a Protected Characteristic and which has the purpose or effect of violating a person's dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for them: or
unwanted conduct which is of a sexual nature and which has the purpose or effect of violating a person's dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for them (Sexual Harassment); or
less favourable treatment because of the rejection of or the submission to Sexual Harassment.
17. Harassment can arise in some cases even though the person complaining does not actually possess a Protected Characteristic but is perceived to have it (for example, when a person is harassed because they are (wrongly) believed to be homosexual) or associates with other people who possess a Protected Characteristic (for example, because they have a spouse who is Muslim).
18. Harassment may include:
use of insults or slurs based on a Protected Characteristic or of a sexual nature or other verbal abuse or derogatory, offensive or stereotyping jokes or remarks;
physical or verbal abuse, threatening or intimidating behaviour because of a Protected Characteristic or behaviour of a sexual nature;
unwelcome physical contact including touching, hugging, kissing, pinching or patting, brushing past, invading personal space, pushing grabbing or other assaults;
mocking, mimicking or belittling a person's disability, appearance, accent or other personal characteristics;
unwelcome requests for sexual acts or favours; verbal sexual advances, vulgar, sexual, suggestive or explicit comments or behaviour;
repeated requests, either explicitly or implicitly, for dates;
repeated requests for social contact or after it has been made clear that requests are unwelcome;
comments about body parts or sexual preference;
displaying or distributing offensive or explicit pictures, items or materials relating to a Protected Characteristic or of a sexual nature;
shunning or ostracising someone, for example, by deliberately excluding them from conversations or activities;
'outing' or threatening to 'out' someone's sexual orientation (ie to make it known);
explicit or implicit suggestions that employment status or progression is related to toleration of, or acquiescence to sexual advances, or other behaviour amounting to harassment.
19. Other important points to note about harassment:
a single incident can amount to harassment;
behaviour that has continued for a long period without complaint can amount to harassment;
it is not necessary for an individual to intend to harass someone for their behaviour to amount to harassment;
it is not necessarily for an individual to communicate that behaviour is unwelcome before it amounts to harassment; and
the onus is on each individual to be certain that their behaviour and conduct is appropriate and is not unwanted and in the case of doubt, you must refrain from such conduct.
Disability discrimination
20. This could be direct or indirect discrimination, and is any unjustified less favourable treatment because of the effects of a disability, and failure to make reasonable adjustments to alleviate disadvantages caused by a disability.
Disabled persons
21. Any Staff member who considers that they may have a disability is strongly encouraged to speak with the Director, particularly if they experience difficulties at work because of their disability so that any reasonable adjustments to help overcome or minimise difficulties can be discussed. For these purposes, disability includes any physical or mental impairment which substantially affects your ability to perform day to day activities and has lasted (or is likely to last) more than 12 months. Disclosure of this information will be treated in confidence, if you wish it to be, so far as is reasonably practicable and we will do our best to handle matters sensitively and to ensure that you are treated with dignity and with respect for your privacy.
22. We will consult with you about whether adjustments are needed to avoid you being disadvantaged and may ask you to see a doctor appointed by us, to advise on this. We will seek to accommodate your needs within reason. If we consider a particular adjustment unreasonable we will explain why and try to find an alternative solution.
23. Managers with responsibility for managing a member of Staff who they know or think to be disabled should speak to the Director to ensure that all relevant duties are complied with.
Making employment decisions fairly
24. As noted above, the Employer will recruit employees and make other employment decisions concerning promotion, training, dismissal and related issues. on the basis of objective criteria.
25. Managers should only stipulate criteria or conditions for employment decisions (including job selection, promotion and redundancy) which are based on a legitimate business need and which do not go further than is needed to satisfy that need. If you are in any doubt about whether particular criteria or conditions are indirectly discriminatory or justifiable, then please speak to the Director.
Recruitment
26. Managers involved in recruitment must:
specify only recruitment criteria that are relevant to the job, reflect genuine business needs and are proportionate. More than one person should be involved in shortlisting of applicants wherever practicable;
ensure that vacancies are advertised to a diverse audience and try to avoid informal recruitment methods that exclude fair competition. In very rare cases, it may be legitimate and necessary to restrict recruitment to a particular role to certain groups, but it is essential that this is discussed with the Director so that appropriate steps can be taken to ensure legality;
review job advertisements carefully to ensure that stereotyping is avoided and that particular groups are not unjustifiably discouraged from applying;
not ask applicants about health or disability before a job offer is made (other than in exceptional circumstances and after having been approved by the Director). If necessary a job offer can be expressed to be conditional upon satisfactorily passing a medical check.
not ask candidates about any Protected Characteristic if the question may demonstrate an intention to discriminate. For example, candidates should not be asked about current or future pregnancy, childcare or related matters; and
not make assumptions about immigration status based on appearance, accent or apparent nationality;
so far as reasonably practicable, keep a written record of their reasons for relevant decisions.
27. The Employer is legally required to verify that all employees have the right to work in the UK. Prior to starting employment, all employees must produce original documents to the Employer's satisfaction, irrespective of nationality. Information about the documents required is available from the Director.
28. The Employer monitors applicants'
Sex
Ethnic group
as part of our recruitment process. We do this to assess the effectiveness of our measures to promote equal opportunities and to help us identify and take appropriate steps to avoid discrimination, under-representation and potential disadvantage and improve diversity. Provision of this information is voluntary and the information is kept in an anonymised format solely for the purposes stated here. The information will not be used as part of any decision-making process relating to the recruitment or employment of the person providing the information. Our recruitment policies must be reviewed at regular intervals to ensure people are being treated fairly and according to ability and merit.
Staff training, career development and promotion
29. Training needs may be identified during the normal appraisal process. Appropriate training to facilitate progression will be accessible to all staff.
30. All promotion decisions will be made on the basis of merit and according to proportionate criteria determined by legitimate business need.
31. Staff diversity at different levels of the organisation will be kept under review to ensure equality of opportunity. Where unjustified barriers to progression are identified, these will be removed.
Conditions of service
32. Access to benefits and facilities and terms of employment will be kept under review to ensure that they are appropriately structured and that no unlawful barriers to qualification or access exist.
Discipline and termination of employment
33. Any redundancy selection criteria and procedures that are used, or other decisions taken to terminate employment, will be fair and not directly or indirectly discriminatory.
34. Disciplinary procedures and penalties will be applied without discrimination, whether they result in disciplinary warnings, dismissal or other disciplinary action.
Discipline and termination of employment
35. Part-time and fixed-term staff will be treated the same as full-time or permanent staff of the same position and enjoy no less favourable terms and conditions (pro-rata, where appropriate), unless different treatment is justified.
What to do if you encounter discrimination
36. If you believe that you have been the victim of discrimination, you should follow the Employer's Grievance Procedure.
37. Every member of Staff has a responsibility to combat discrimination if they encounter it. Staff who observe or are aware of acts that they believe amount to discrimination directed at others are encouraged to report these to the Director.
38. Any grievance or report raised about discrimination will be kept confidential so far as this is practicable. We may ask you if you wish your complaint(s) to be put to the alleged discriminator if disciplinary action appears to be appropriate. It sometimes may be necessary to disclose the complaint or take action even if this is not in line with your wishes, but we will seek to protect you from victimisation and, if you wish, we will seek to protect your identity. You should be aware that disciplinary action may be impossible without your co-operation or if you refuse to allow relevant information to be disclosed.
39. Staff who raise a complaint about or report discrimination in good faith will be protected from retaliation or victimisation. As long as you act in good faith, the fact that you have raised a complaint or report will not affect your position within the Employer, even if the complaint is not upheld. Making a false allegation deliberately and in bad faith is a misconduct offence and will be dealt with in accordance with our disciplinary policy. Any member of Staff who attempts acts of retaliation or victimisation may be subject to disciplinary action up to and including summary dismissal for gross misconduct.
40. If you make a complaint, it may be necessary to ask you to stay at home on paid leave while investigations are being conducted and the matter is being dealt with through the appropriate procedure. This may particularly be necessary in cases of alleged harassment.
Non-compliance with equal opportunities rules
41. Any breach of equal opportunities rules or failure to comply with this policy will be taken very seriously and is likely to result in disciplinary action against the offender, up to and including immediate dismissal.
42. Staff should also note that:
in some cases, they may be personally liable for their acts of discrimination and that legal action may be taken against them directly by the victim of any discrimination; and
it may be a criminal offence intentionally to harass another employee.
Review of this policy
43. The board of directors of the Employer will keep this policy under review.
44. The Employer encourages Staff to comment on this policy and suggest ways in which it might be improved or ask any questions if they are unsure about any part of this policy or how it is applied by contacting the Director.
Terms and conditions
Please read all these terms and conditions.
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with.
Application
1. These Terms and Conditions will apply to the purchase of the services and goods by you (the Customer or you). We are FA Improv Ltd whose trading name is The Free Association a company registered in England and Wales under number 09448430 whose registered office is at 20-22 Shore Road, LONDON, E9 7TA and whose trading address is 113 Southgate Road, London, N1 3JS with email address hello@thefreeassociation.co.uk; (the Supplier or us or we).
2. These are the terms on which we sell all Services to you. By ordering any of the Services, you agree to be bound by these Terms and Conditions. You can only purchase the Services and Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.
Interpretation
3. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
4. Contract means the legally-binding agreement between you and us for the supply of the Services;
5. Delivery Location means the Supplier's premises or other location where the Services are to be supplied, as set out in the Order;
6. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
7. Goods means any goods that we supply to you with the Services, of the number and description as set out in the Order;
8. Order means the Customer's order for the Services from the Supplier as submitted following the step by step process set out on the Website;
9. Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;
10. Services means the services advertised on the Website, including any Goods, of the number and description set out in the Order;
11. Website means our website www.thefreeassociation.co.uk on which the Services are advertised.
Services
12. The description of the Services and any Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of any Goods supplied.
13. In the case of Services and any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
14. All Services which appear on the Website are subject to availability.
15. We can make changes to the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
Customer responsibilities
16. You must co-operate with us in all matters relating to the Services, provide us and our authorised employees and representatives with access to any premises under your control as required, provide us with all information required to perform the Services and obtain any necessary licences and consents (unless otherwise agreed).
17. Failure to comply with the above is a Customer default which entitles us to suspend performance of the Services until you remedy it or if you fail to remedy it following our request, we can terminate the Contract with immediate effect on written notice to you.
Personal information
18. We retain and use all information strictly under the Privacy Policy.
19. We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.
Basis of Sale
20. The description of the Services and any Goods in our website does not constitute a contractual offer to sell the Services or Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
21. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
22. A Contract will be formed for the Services ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract, and before performance begins of any of the Services.
23. Any quotation or estimate of Fees (as defined below) is valid for a maximum period of 14 days from its date, unless we expressly withdraw it at an earlier time.
24. No variation of the Contract, whether about description of the Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
25. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, eg by giving you rights as a business.
Fees and Payment
26. The fees (Fees) for the Services, the price of any Goods (if not included in the Fees) and any additional delivery or other charges is that set out on the Website at the date we accept the Order or such other price as we may agree in writing. Prices for Services may be calculated on a fixed price or on a standard daily rate basis.
27. Fees and charges include VAT at the rate applicable at the time of the Order.
28. You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Services.
Delivery
29. We will deliver the Services, including any Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement:
a. in the case of Services, within a reasonable time; and
b. in the case of Goods, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.
30. In any case, regardless of events beyond our control, if we do not deliver the Services on time, you can require us to reduce the Fees or charges by an appropriate amount (including the right to receive a refund for anything already paid above the reduced amount). The amount of the reduction can, where appropriate, be up to the full amount of the Fees or charges.
31. In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
a. we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
b. after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
32. If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
33. If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them to us or allow us to collect them from you and we will pay the costs of this.
34. If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.
35. We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.
36. You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
37. If you or your nominee fail, through no fault of ours, to take delivery of the Services at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
38. The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
Risk and Title
39. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
40. You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.
Withdrawal and cancellation
41. You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
42. This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply, to a contract for the following goods and services (with no others) in the following circumstances:
a. accommodation, transport of goods, vehicle rental services, catering or services related to leisure activities, if the contract provides for a specific date or period of performance;
b. goods that are made to your specifications or are clearly personalised;
c. goods which are liable to deteriorate or expire rapidly.
Right to cancel
43. Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason.
44. The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the carrier, indicated by you, acquires physical possession of the last of the Goods. In a contract for the supply of services only (without goods), the cancellation period will expire 14 days from the day the Contract was entered into. In a contract for the supply of goods over time (ie subscriptions), the right to cancel will be 14 days after the first delivery.
45. To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (eg a letter sent by post, fax or email). You can use the attached model cancellation form, but it is not obligatory. In any event, you must be able to show clear evidence of when the cancellation was made, so you may decide to use the model cancellation form.
46. You can also electronically fill in and submit the model cancellation form or any other clear statement of the Customer's decision to cancel the Contract on our website www.thefreeassociation.co.uk . If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation in a Durable Medium (eg by email) without delay.
47. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Commencement of Services in the cancellation period
48. We must not begin the supply of a service (being part of the Services) before the end of the cancellation period unless you have made an express request for the service.
Effects of cancellation in the cancellation period
49. Except as set out below, if you cancel this Contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
Payment for Services commenced during the cancellation period
50. Where a service is supplied (being part of the Service) before the end of the cancellation period in response to your express request to do so, you must pay an amount for the supply of the service for the period for which it is supplied, ending with the time when we are informed of your decision to cancel the Contract. This amount is in proportion to what has been supplied in comparison with the full coverage of the Contract. This amount is to be calculated on the basis of the total price agreed in the Contract or, if the total price were to be excessive, on the basis of the market value of the service that has been supplied, calculated by comparing prices for equivalent services supplied by other traders. You will bear no cost for supply of that service, in full or in part, in this cancellation period if that service is not supplied in response to such a request.
Deduction for Goods supplied
51. We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you (ie handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods: eg it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.
Timing of reimbursement
52. If we have not offered to collect the Goods, we will make the reimbursement without undue delay, and not later than:
a. 14 days after the day we receive back from you any Goods supplied, or
b. (if earlier) 14 days after the day you provide evidence that you have sent back the Goods.
53. If we have offered to collect the Goods or if no Goods were supplied or to be supplied (ie it is a contract for the supply of services only), we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Contract.
54. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
Returning Goods
55. If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods or hand them over to us at 113 Southgate Road, London, N1 3JS without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the Goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Goods.
56. For the purposes of these Cancellation Rights, these words have the following meanings:
a. distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;
b. sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.
Conformity
57. We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
58. Upon delivery, the Goods will:
a. be of satisfactory quality;
b. be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
c. conform to their description.
59. It is not a failure to conform if the failure has its origin in your materials.
60. We will supply the Services with reasonable skill and care.
61. In relation to the Services, anything we say or write to you, or anything someone else says or writes to you on our behalf, about us or about the Services, is a term of the Contract (which we must comply with) if you take it into account when deciding to enter this Contract, or when making any decision about the Services after entering into this Contract. Anything you take into account is subject to anything that qualified it and was said or written to you by us or on behalf of us on the same occasion, and any change to it that has been expressly agreed between us (before entering this Contract or later).
Duration, termination and suspension
62. The Contract continues as long as it takes us to perform the Services.
63. Either you or we may terminate the Contract or suspend the Services at any time by a written notice of termination or suspension to the other if that other:
a. commits a serious breach, or series of breaches resulting in a serious breach, of the Contract and the breach either cannot be fixed or is not fixed within 30 days of the written notice; or
b. is subject to any step towards its bankruptcy or liquidation.
64. On termination of the Contract for any reason, any of our respective remaining rights and liabilities will not be affected.
Successors and our sub-contractors
65. Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.
Circumstances beyond the control of either party
66. In the event of any failure by a party because of something beyond its reasonable control:
a. the party will advise the other party as soon as reasonably practicable; and
b. the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer's above rights relating to delivery (and the right to cancel below).
Excluding liability
67. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) death or personal injury caused by negligence or breach of the Supplier's other legal obligations. Subject to this, we are not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to your business, trade, craft or profession which would not be suffered by a Consumer - because we believe you are not buying the Services and Goods wholly or mainly for your business, trade, craft or profession.
Governing law, jurisdiction and complaints
68. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
69. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
70. We try to avoid any dispute, so we deal with complaints as follows: If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within 5 days.
Attribution
71. These terms and conditions were created using a document from Rocket Lawyer (https://www.rocketlawyer.co.uk).
Model cancellation Form
To
The Free Association
113 Southgate Road
London
N1 3JS
Email address: hello@thefreeassociation.co.uk
I/We[*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*] [for the supply of the following service [*], Ordered on [*]/received on [*]______________________(date received)
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper)
Date