TERMS AND CONDITIONS
Please read all of 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
- These Terms and Conditions will apply to the purchase of the services by you (the Customer). We are VuMor, operating as a Limited whose address is 64 Herbert Thomas Way, Birchgrove, Swansea, SA7 0HH (the Supplier).
- These are the terms on which we sell all Services to you. You can only purchase the Services from the Website if you are eligible to enter into a contract and are at least 18 years old.
- Interpretation
- Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
- Customer means the person purchasing and using our Services.
- Fees means the cost of the Services supplied including VAT at the rate applicable at the time of the Order.
- Forms means the D8, D84 and Statement Forms and the D36 Court forms which are the relevant forms to be lodged in the English and Welsh Courts.
- Order means the Consumer's order for the Services from the Supplier as submitted following the step by step process set out on the Website;
- Order Confirmation means the email you will receive from us confirming the Order.
- Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;
- Questionnaire means the online questionnaire that you will have access to once we have received payment for our Services.
- Services means the services advertised on the Website, including any Goods, of the number and description set out in the Order;
- Uncontested Divorce means both you and your Spouse/Civil Partner agree to the divorce, the grounds for divorce and who is to pay the Court fees. Both parties to the agreement must have the mental capacity to make this agreement.
- Website means our website, www.VuMor.com on which the Services are advertised.
- Services
- The description of the Services and any Goods is as set out in the Website, catalogues, brochures or other form of advertisement.
- We will supply the Services with reasonable skill and care.
- It is your responsibility to ensure that any information you provide is accurate. We do not accept any liability for errors contained in documents which arise due to inaccurate information provided by you.
- All Services which appear on the Website are subject to availability.
- 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
- You must co-operate with us in all matters relating to the Services. It is your responsibility to provide us with the information required by us to perform the Services and to send the relevant documentation and fees to the Court.
- 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, without refund, on written notice to you.
- Personal information
- We retain and use all information strictly in compliance with our Privacy Policy.
- We may contact you by using telephone, e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.
- Basis of Sale
- 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.
- 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.
- 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 (the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event, before performance begins of any of the Services.
- 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.
- We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer.
- The Fees for the Services 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.
- Fees and charges include VAT at the rate applicable at the time of the Order. Fees also include the cost of three stamped addressed envelopes. Any additional postage costs due to stamps being lost in transit or otherwise will be the Consumer's responsibility to pay.
- 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.
- It is the Customer's responsibility to pay any Court fees or additional costs/fees that are not included in the Fees for the Service as set out in paragraph 6.6 and 6.7 above and the Website.
- Uncontested Divorce/Separation of Assets/Agreements regarding Children
- At present, our Services only cater to people who have discussed the divorce with their Spouse/Civil Partner and both parties agree to the divorce and the grounds for divorce (if separated for less than 5 years). If you have been separated from your Spouse/Civil Partner for a period of more than 5 years, even where the divorce is not agreed, you can also utilize our Services if you do not require an agreement relating to children or for the division of assets.
- If you wish to have a legally binding agreement or you want the Court to decide how your property, money, pensions and other assets will be split, we recommend that you seek independent legal advice as we do not currently draft separation agreements for financial or child arrangements. This does not form part of our Services and we do not accept any responsibility of liability for your failure to obtain a separation agreement.
- Delivery
- We will deliver the Services, including any Goods to the Consumer’s specified address by the agreed period or, failing any agreement, within a reasonable time.
- We do not deliver to addresses outside England and Wales. If however, we accept an Order for delivery outside that area, you may need to pay any additional postage costs, as we will not pay them.
- The Forms will become your responsibility from the completion of delivery. It will be your responsibility to send the completed Forms to the Court with the necessary documents/Court fees.
- Court Fees
- The Court charges an application fee of £550.00 (at the time of writing) for making a petition for divorce. As stated above, it is the Customer’s responsibility to pay Court Fees or any additional fees. These are not included in our Service.
- You may be exempt or partially exempt from paying the Court fee if you have little or no savings, are on certain benefits or have a low income. If you would like to see if you may qualify for a full or partial Court fee exemption, a fee remissions contributions calculator can be found at www.gov.uk/government/publications/apply-for-help-with-court-and-tribunal-fees. We are happy to provide you with a copy of the Court fee exemption form however, you will need to complete this form yourself as it is not included in our Service.
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- We aim to post or email the completed Forms within 48 hours of submission of the completed Questionnaire however, this timescale may be extended if we need to contact you for further information. The Forms will be posted or emailed within a reasonable time of the requested information being provided by the customer.
- We do not accept responsibility for any delays caused by the Court service or failure by the customer to provide the requested information/updates. We do not accept responsibility for delays caused by incorrect information being provided by the customer.
- Cancellation and Refund Policy
- 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.
- 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. 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. You must be able to show clear evidence of when the cancellation was made.
- By clicking the “SUBMIT” button at the end of our online Questionnaire, you agree to the service commencing before the end of the 14 day cancellation period. Where the service has commenced, 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.
- Where commencement of the Service has not begun, we will reimburse to you all payments received from you within a period of 14 days. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless agreed otherwise.
- Duration, termination and suspension
- The Contract continues as long as it takes us to perform the Services or unless the divorce is no longer an Uncontested Divorce. In which case, we will provide you will the names of three Solicitor's firms in your area.
- Either you or we may terminate the Contract or suspend the Services at any time by written notice of termination or suspension to the other if that other commits a serious breach or series of breaches of the Contract and the breach cannot be fixed within 30 days of the written notice.
- On termination of the Contract for any reason, any of our respective remaining rights and liabilities will not be affected.
- The Consumer may not transfer the benefit of this Contract. The Supplier may transfer the benefit of this Contract to someone else, in which case, the Supplier’s obligations and liabilities under the Contract shall, from the date of transfer, pass to the new Supplier. The Supplier will not transfer the benefit of this Contract without first, providing the Consumer with notice in writing.
- Circumstances beyond the control of either party
- In the event of any failure by a party because of something beyond its reasonable control;
- the party will advise the other party as soon as reasonably practicable; and
- 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.
- In the event of any failure by a party because of something beyond its reasonable control;
- Privacy
- Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
- These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy policy and cookies policy.
- For the purpose of these Terms and Conditions:
- 'Data Protection Laws' means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR.
- 'GDPR' means the General Data Protection Regulation (EU) 2016/679.
- 'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.
- We are a Data Controller of the Personal Data we Process in providing the Services to you.
- Where you supply Personal Data to us so we can provide Services to you, and we Process that Personal Data in the course of providing the Services to you, we will comply with our obligations imposed by the Data Protection Laws:
- before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
- we will only Process Personal Data for the purposes identified;
- we will respect your rights in relation to your Personal Data; and
- we will implement technical and organisational measures to ensure your Personal Data is secure.
- For any enquiries or complaints regarding data privacy, you can contact the following email address: dataprotection@VuMor.com.
- Limitation and Exclusion of liability
- The Supplier does not hold themselves out to be a Solicitor/Barrister/Lawyer and any advice or services provided are not intended to be provided as legal advice. The Supplier may, from time to time, relay legal information that is widely available but this should not be construed as legal advice. The customer proceeds with this service on the basis that they are acting as a litigant in person (i.e. not represented by a solicitor) in their divorce proceedings.
- The Supplier does not exclude liability for any fraudulent act or omission, or death or personal injury caused by negligence or breach of the Supplier's other legal obligations.
- Subject to this, we are not liable for any loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or 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 for your business, trade, craft or profession.
- The Supplier does not accept any responsibility of liability in relation to any Court proceedings issued by the Customer, including but not limited to the divorce proceedings to which the purchase of our Services relates.
- If a Court decides that any part of these terms and conditions are not enforceable, that paragraph/s shall be treated as removed and the remaining paragraphs will remain valid and enforceable.
- Jurisdiction of our Services, Information and Forms provided
- Our Services, all information contained on our Website and all Forms provided relate to the law of England and Wales and not any other country inside or outside of the United Kingdom. We do not accept any responsibility or liability for any loss suffered as a result of the Customer mistakenly purchasing our Services for use in a jurisdiction outside of England and Wales. We will, however, provide a refund in accordance with our Cancellation and Refund Policy above.
- Governing law, jurisdiction and complaints
- The Contract (including any non-contractual matters) is governed by the law of England and Wales.
- Disputes can be submitted to the jurisdiction of the courts of England and Wales.