Terms and Conditions for Booking Healing Services

Please read all these terms and conditions.

As we can accept your booking for Healing Services 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 booking and subsequent purchase of any of the described Healing Services by you (the Customer or you). We are Teresa Martin of The Garden Room, 2 College Road, Newton Abbot Devon, TQ12 1EF with email address teresa@thespritofyou.co.uk; (the Supplier or us or we).

2. These are the terms on which we offer all Healing Services to you. Before booking a place through Meetup which can be accessed through the Website or by contacting The Spirit of You directly on the Website and by providing your personal details at this point this will constitute an acceptance that you wish to go ahead with the booking. You can only purchase the Healing Services from the Website or through Meetup 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 Healing Services;

5. Delivery Location means the Supplier's premises or other location where the Healing Services are to be delivered, as set out in the booking;

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. Booking means any booking you make through Meetup via the Website or by contacting The Spirit of You to make a booking for any of the Healing Services provided.

8. Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;

9. Services means the Healing Services advertised on the Website, including any bookings for Meditation, Intuitive Life Coaching, Angelic Reiki & Holistic Health Coaching of the number and description set out in the booking;

10. Website means our website www.thespiritofyou.co.uk on which the Healing Services are advertised.

 

Services

11. The description of all of the Healing Services as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and maybe subject to change.

12. In the case of Healing Services designed to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.

13. All Healing Services which appear on the Website are subject to availability.

14. We can make changes to any of the Healing Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.

Customer responsibilities

15. You must co-operate with us in all matters relating to the Healing 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 Healing Services and obtain any necessary licences and consents (unless otherwise agreed).

16. Failure to comply with the above is a Customer default which entitles us to suspend performance of the Healing 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

17. We retain and use all information strictly under the Privacy Policy.

18. 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

19. The description of any of the Healing Services on our website does not constitute a contractual offer to sell the Healing Services. When a booking has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.

20. The booking process is set out on the Website. Each step allows you to check and amend any errors before submitting the booking. It is your responsibility to check that you have used the booking process correctly.

21. A Contract will be formed for any of the Healing Services booked only when you receive an email from us confirming the booking (Booking Confirmation). You must ensure that the Booking Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the booking placed by you. By placing a booking, you agree to us giving you confirmation of the Contract by means of an email with all information in it (i.e. the Booking Confirmation).

 

You will receive the Booking Confirmation within a reasonable time after making the Contract, but in any event not later than the booking supplied under the Contract, and before performance begins of any of the Healing Services.

22. Any quotation or estimate of Fees (as defined below) is valid for a maximum period of 30 days  from its date, unless we expressly withdraw it at an earlier time.

23. No variation of the Contract, whether about description of any of the Healing 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.

24. 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, e.g. by giving you rights as a business.

Fees and Payment

25. The fees (Fees) for any of the described Healing 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 booking or such other price as we may agree in writing. Prices for Healing Services may be calculated on a fixed price or on a standard daily rate basis.

26. Fees and charges do not include VAT at the rate applicable at the time of the Booking.

27. Unless otherwise arranged (i.e payment required in advance or a deposit due to be taken for any of the Healing Services booked) payment for any of the Healing Services booked will be taken on the day of the arranged Healing Service through the Website or through the Meetup link located on the Website.

Delivery

28. We will deliver the any of the Healing Services booked, to the notified and confirmed Location by the time or within the agreed period or, failing any agreement:

a. in the case of Healing Services, within a reasonable time

29. In any case, regardless of events beyond our control, if we do not deliver any of the agreed Healing 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.

30. In any case, regardless of events beyond our control, if we do not deliver any of the Healing Services on time, you can (in addition to any other remedies) treat the Contract at an end if:

a. we have refused to deliver the Healing Services, or if delivery of any of the Healing Services being 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 of any of the Healing Services on time was essential; or

 

b. after we have failed to deliver any of the Healing Services on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.

31. If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.

32. If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling your Booking for any of the Healing Services we provide 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 Bookings.

33. If any of the Bookings form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the Booking(s) or the character of the unit) you cannot cancel or reject the Booking for some of those Services without also cancelling or rejecting the Booking for the rest of them.

34. 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 a Booking for any of the Healing Services booked outside that area, you may need to pay expenses, import duties or other taxes, as we will not pay them.

35. You agree we may deliver the Bookings in instalments if we suffer a shortage of supply or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.

36. If you, through no fault of ours, fail to attend any of the Healing Services booked at the Delivery Location, we may charge the reasonable costs of non-attendance.

37. Attending any of the Healing Services booked, will become your responsibility from booking. You must, if reasonably practicable, ensure that any of the Healing Services booked are acceptable to you prior to booking and that you agree to the terms set out in this agreement.

Risk and Title

38. Risk of damage or loss incurred by you for any of the Healing Services provided will pass to you when any of the Healing Services are delivered to you.

Withdrawal returns and cancellation

39. You can withdraw the Booking 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.

40. You can cancel the Contract except for any Bookings which are made to your special requirements by telling us no later than 14 days after the Contract was made, if you simply wish to change your mind and without giving us a reason, and without liability, except in that case, you must advise us in good time. Any item delivered to you in relation to the Healing Service must be returned to us by you at your cost. Then we must without delay refund to you the price for any of the Healing Services boked and those items relating to any of the Healing Services which have been paid for in advance, but we can retain any separate delivery charge. This does not affect your rights when the reason for the cancellation is due to the Healing Services not meeting its requirements to you.

This Returns Right is different and separate from the Cancellation Rights below.

41. 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. Services that are made to your specifications

Right to cancel

42. Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason.

43. The cancellation period will expire after 14 days from the day on which you make a Booking for any of the Healing Services provided. 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 a long-term booking (i.e. subscriptions), the right to cancel will be 14 days after the first booking.

44. 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 (e.g. 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.

45. 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.thespiritofyou.co.uk

If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation in a Durable Medium (e.g. by email) without delay.

46. 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

47. We must not begin the supply of a service (being part of the Healing Services that you have booked) before the end of the cancellation period unless you have made an express request for the service.

Effects of cancellation in the cancellation period

48. Except as set out below, if you cancel this Contract, we will reimburse to you all payments received from you, including any possible 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 Healing Services commenced during the cancellation period

49. Where a service is supplied (being part of the Service) and if requested to do so, 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 any of the Healing Services booked 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 Healing Services, in full or in part, in this cancellation period if that Healing Service is not supplied in response to such a request.

Timing of reimbursement

50. If we have not offered to re-arrange booking for any of the Healing Services booked, we will make the reimbursement without undue delay, and not later than:

a. 14 days after the day we receive back from your notification that you no longer wish to proceed or

b. (if earlier) 14 days after the day you provide evidence that you wish to re-arrange the Booking for any of the Healing Services booked or should you wish to cancel any of the booked Healing Services we provide.

51. If we have offered to re-arrange the Booking of Healing Services or if no Healing Services booked were provided or to be provided (i.e. 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.

52. 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

53. If you have received any Goods in connection with the Contract regarding Bookings for any of the Healing Services which you have cancelled, you must send back the Goods or hand them over to us at The Garden Room, 2 College Road, Newton Abbot Devon, TQ12 1EF 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.

54. 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

55. We have a legal duty to supply any of the Healing Services in conformity with the Contract and will not have conformed if it does not meet the following obligation.

56. Upon delivery, the Healing Services will:

a. be of satisfactory quality;

b. be reasonably fit for any particular purpose for which you book the Healing Service you require 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.

57. It is not a failure to conform if the failure has its origin in your materials.

58. We will supply the Healing Services booked with reasonable skill and care.

59. In relation to any of the Healing Services booked, anything we say or write to you, or anything someone else says or writes to you on our behalf, about us or about any of the Healing 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 any of the Healing 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

60. The Contract continues as long as it takes us to perform any of the Healing Services.

61. Either you or we may terminate the Contract or suspend any of the Healing Services booked 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.

62. 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

63. 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

64. 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).

Privacy

65. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.

66. These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy policy (https://www.thespiritofyou.co.uk/privacy-policy) and cookies policy (https://www.thespiritofyou.co.uk/cookie-policy)

67. For the purposes of these Terms and Conditions:

a. '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.

b. 'GDPR' means the General Data Protection Regulation (EU) 2016/679.

c. 'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.

68. We are a Data Controller of the Personal Data we Process in providing the Services and Goods to you.

69. Where you supply Personal Data to us so we can provide any of the Healing Services available to you, and we Process that Personal Data in the course of providing any of the Healing Services available to you, we will comply with our obligations imposed by the Data Protection Laws:

a. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;

b. we will only Process Personal Data for the purposes identified;

c. we will respect your rights in relation to your Personal Data; and

d. we will implement technical and organisational measures to ensure your Personal Data is secure.

70. For any enquiries or complaints regarding data privacy, you can contact our Data Protection Officer at the following e-mail address: teresa@thespiritofyou.co.uk.

 

Excluding liability

71. 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 any of the Healing Services wholly or mainly for your business, trade, craft or profession.

Governing law, jurisdiction and complaints

72. The Contract (including any non-contractual matters) is governed by the law of England and Wales.

73. 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.

74. 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 working days.

75. We aim to follow these codes of conduct, copies of which you can obtain as follows:

British School of Meditation Code of Ethics & Professional Standards available from

https://www.teaching-meditation.co.uk/AboutUs/CodeofEthics.aspx
 

Attribution

76. These terms and conditions were created using a document from Rocket Lawyer (https://www.rocketlawyer.co.uk).

 

Model Cancellation Form

To
Teresa Martin
The Garden Room
2 College Road, Newton Abbot
Devon
TQ1 3QY

Email address: teresa@thespritofyou.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

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