The Client's attention is in particular drawn to the provisions of condition 8
1.1 The definitions and rules of interpretation in this condition apply in these conditions.
Client: the purchaser of the Programme from the Supplier.
Supplier: Suzanne Gardner-Cuthbert trading as (Suzanne Gardner-Cuthbert Hypnotherapy)
Contract: the contract between the Supplier and the Client for the provision of the Programme or Product, incorporating these conditions.
Contract Price: The price payable by the Client to the Supplier in consideration for the provision of the Programme or Product as set out in the price list of the Supplier or as agreed between the parties and notified to Client in writing.
Programme: the therapy programme or session or other therapy service or consultation , coaching, training or other service provided by the Supplier.
Product: any product sold by the Supplier to the Customer
1.2 A reference to any statute is a reference to it as it is in force for the time being taking account of any amendment, extension, application or re-enactment and includes any subordinate legislation for the time being in force made under it.
1.3 Words in the singular include the plural and in the plural include the singular.
1.4 A reference to one gender includes a reference to the other gender.
1.5 Condition headings do not affect the interpretation of these conditions.
1.6 A reference to writing or written means the representation or reproduction of words symbols or other information in a visible form by any method or combination of methods whether sent or supplied in electronic form or otherwise
2. APPLICATION OF TERMS
2.1 Subject to any variation under condition 2.3 the Contract shall be on these conditions to the exclusion of all other terms and conditions (including any terms or conditions which the Client purports to apply under any purchase order, confirmation of order, specification or other document).
2.2 These terms and conditions form the whole agreement between the parties and no other terms conditions or warranties may be incorporated or implied by any way of any other document representation advert or statement whatsoever and the Client acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Supplier which is not set out in the contract. Nothing in this condition shall exclude or limit the Supplier's liability for fraudulent misrepresentation.
2.3 Each order or acceptance of a quotation for a Programme or Product by the Client from the Supplier shall be deemed to be an offer by the Client to purchase the Programme or Product subject to these conditions.
2.4 No order placed by the Client shall be deemed to be accepted by the Supplier until a written acknowledgement of order is issued by the Supplier or the Supplier delivers the Product or Programme to the Client.
2.5 The Client shall ensure that the information supplied when making the order and any applicable facts are complete and accurate and shall fully openly and honestly provide to the Supplier all information that the Supplier may require to in either providing or deciding whether to provide the Programme or Product.
3. PROVISION OF GOODS AND SERVICES
3.1 The Programme shall be provided by the Supplier to the Client at a time and location agreed between the Supplier and the Client under clause 3.2 providing that no Programme shall be provided unless the Client shall have previously:
(a) made the required payment and/or
(b) provided such further information and medical certificates as may be required by the Supplier and notified to the Client.
3.2 The location at which the Programme shall be provided will be agreed upon by the parties and shall be recorded in writing and the Client shall provide to the Supplier all necessary information for the Supplier to be able to attend at the agreed location.
3.3 The Products shall be provided by the Supplier to the Client within 28 days of acceptance of the Order is made under clause 2.4 providing that the Client shall have previously:
(a) made the required payment and/or
(b) provided such further information and medical certificates as may be required by the Supplier and notified to the Client.
3.4 Any dates specified by the Supplier for delivery of the Product or Programme are intended to be an estimate and time for delivery shall not be made of the essence by notice.
3.5 Subject to the other provisions of these conditions the Supplier shall not be liable for any direct, indirect or consequential loss caused directly or indirectly by any delay in the delivery of the Product or Programme (even if caused by the Supplier’s negligence), nor shall any delay entitle the Client to terminate or rescind the Contract unless such delay exceeds 180 days.
3.6 If for any reason the Client fails to accept delivery of any Product or is not available to receive the Programme or the Supplier is unable to deliver the Product or provide the Programme on time because the Client has not provided appropriate or valid instructions and details as required under this clause 3:
(a) the Programme or Product shall be deemed to have been provided or delivered; and
(b) the Client shall be liable for all related costs and expenses of any subsequent delivery.
4. NON-DELIVERY & NON-SUPPLY
4.1 The placing of any Product in the post shall be conclusive evidence of receipt by the Client and the Supplier shall have no liability towards the Client in respect of non delivery except as set out in 4.2 below.
4.2 Any liability of the Supplier for non-delivery of any Product shall be limited to forwarding a replacement Product within a reasonable time of receiving notification from the Client that the Product has not been delivered
4.3 The arrival of the Supplier at the location and at the time agreed upon between the parties to provide the Programme shall be conclusive evidence of the delivery and supply of the Programme whether or not the Client is present or otherwise, unless notice to re-arrange the supply date has been given and accepted in accordance with the terms hereof
5.1 The Programme and all associated materials shall remain the absolute property of the Supplier and no title to any materials of any nature shall pass to the Client
5.2 Title will not pass to the Client in respect of any Product and that Product shall not be supplied to the Client until the Supplier has received in full (in cash or cleared funds) all sums due to it and the Product has been delivered to the Client and the Product shall remain the property of the Supplier until such time as payment has been made.
5.3 On termination of the Contract, howsoever caused, the Supplier’s (but not the Client’s) rights contained in this condition 5 shall remain in effect.
6.1 The Client shall pay to the Supplier the Contract Price
6.2 The price for the Product or Programme shall be inclusive of any value added tax
7.1 Subject to condition 7.4, payment of the price for the Programme is due in pounds sterling immediately upon the request of the Client for the Programme however that request is made and payment for any Product is due in pounds sterling immediately upon the lacement of the order for the Product.
7.2 Method of payment shall be by Credit or Debit Card on-line payment only or in respect of Programmes only by cash or cheque if agreed previously with the Supplier
7.3 Time for payment shall be of the essence.
7.4 No payment shall be deemed to have been received until the Supplier has received cleared funds.
7.5 All payments payable to the Supplier under the Contract shall become due immediately on its termination despite any other provision.
7.6 If the Client fails to pay the Supplier any sum due pursuant to the Contract, the Client shall be liable to pay interest to the Supplier on such sum from the due date for payment at the annual rate of 8% above the base lending rate from time to time of HSBC Bank PLC, accruing on a daily basis until payment is made, whether before or after any judgment.
8. LIMITATION OF LIABILITY
8.1 Subject to this agreement, the following provisions set out the entire financial liability of the Supplier (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Client in respect of: p
(a) any breach of these conditions;
(b) any use made by the Client of any of Products of Programmes; and
(c) any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract.
8.2 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
8.3 The Supplier shall not be liable for any advice, statement or representation given or made via any open forum operated via the Supplier’s website or through any social networking site or free publication operated or provided by any party whether it be the Supplier, connected with the Supplier or otherwise and any such statements should not be relied on without independent professional advice having been sought by the Client or without the Client seeking an independent consultation with the Supplier. In default of such advice having been sought the Client acknowledges that the Supplier shall have no liability for any claim howsoever arising, including but without limitation, injury, death, pure economic loss, loss of profit, loss of business, or otherwise, in each case whether direct, indirect or consequential
8.4 The Supplier shall not be liable for any claim by the Client for loss or damage whatsoever where that loss or damage is attributable in part or whole to the Client’s failure or neglect howsoever occurring to fully disclose any medical condition, disorder or impairment or for any wrongful information given to the Supplier.
8.5 The Supplier shall not be liable for any failure or perceived failure of the Product or Programme to provide the results expected of sought by the Client and shall not be liable for any resulting personality change, stress or relationship difficulties or other psychological conditions that may arise as a result of the Programmes or Products
8.6 The Supplier shall not be liable in any respect for any misuse by a Client of a Product or Programme or for a Client attempting to recreate a Programme or adapting or using any techniques used or demonstrated by the Supplier in providing the Programme without having first consulted the Supplier and obtained written guidance from her on any such techniques.
8.7 The Supplier shall maintain such anti-virus software and secure encryption systems for storage of data and financial transactions as may from time to time be considered reasonable but shall not be liable for any virus or other electronic bug contained in any downloads, software or electronic Product supplied by her or obtained or viewed through any website operated by her or passed on through visiting and using any such website or for any breach of privacy, identity theft or theft of data by any third party via any website operated by the Supplier including any related financial loss arising therefrom.
8.8 Nothing in these conditions excludes or limits the liability of the Supplier:
(a) for death or personal injury caused by the Supplier’s negligence; or
(b) under section 2(3), Consumer Protection Act 1987; or
(c) for any matter which it would be illegal for the Supplier to exclude or attempt to exclude its liability; or
(d) for fraud or fraudulent misrepresentation.
8.9 Subject to the preceding condition of this clause 8 the Supplier’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the Contract Price;
9. THE CONTRACT
9.1 The Contract shall be formed at the moment of notification to the Client of acceptance of the order by the Supplier.
9.2 The Contract shall last until the Product is delivered of the Programme supplied.
9.3 The Supplier will provide the Programme providing that the Client provides any further information or medical certificates as required by the Supplier and notified to the Client
9.4 If the Client fails to provide any information as specified in 9.3 above or the Supplier has a reasonable belief that the Client has withheld information then the Supplier shall not be required to provide the Programme and shall not be liable in such circumstances to provide any refund of the Contract Price to the Client.
9.5 All personal information requested and stored by the Supplier will be stored in accordance with current law.
9.6 By accepting these Terms and Conditions the Client acknowledges that they have voluntarily chosen to participate in a holistic treatment plan or use holistic treatment and self help products and have been informed of the need to obtain advice from a qualified medical practitioner prior to commencing the use of any Product or Programme and during the currency of the use of any Product or Programme the Client assumes all responsibility for his/her health and welfare and any resultant injury whether physical or psychological that may affect their health welfare and relationships with others.
10.1 The Supplier may assign the Contract or any part of it to any person, firm or Supplier.
11. FORCE MAJEURE
The Supplier reserves the right to defer the date of supply of the Product or Programme or to cancel the Contract or alter the Programme requested by the Client (without liability to the Client) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of the Supplier including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, provided that, if the event in question continues for a continuous period in excess of 56 days, the Client shall be entitled to give notice in writing to the Supplier to terminate the Contract in which case the Supplier shall issue a full refund to the Client of the Contract Price
12.1 Each right or remedy of the Supplier under the Contract is without prejudice to any other right or remedy of the Supplier whether under the Contract or not.
12.2 If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.
12.3 Failure or delay by the Supplier in enforcing or partially enforcing any provision of the Contract shall not be construed as a waiver of any of its rights under the Contract.
12.4 Any waiver by the Supplier of any breach of, or any default under, any provision of the Contract by the Client shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of the Contract.
12.5 The parties to the Contract do not intend that any term of the Contract shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
12.6 The formation, existence, construction, performance, validity and all aspects of the Contract shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts.
12.7 All information obtained by the Supplier in the course of providing any programme or Product shall be stored and held in a confidential and secure manner but the Supplier has the absolute right to provide to any public authority or the police any such information in circumstances where the Supplier reasonably believes that a criminal offence has been or is likely to be committed.
12.8 It may be necessary during the provision of any Programme that the Supplier has to establish or maintain physical contact with or hold or touch the Client and the Client hereby consent to such physical contact and shall have no rights against the Supplier for any such actions.
13.1 All communications between the parties about the Contract shall be in writing and sent by pre-paid first class post or sent by fax or e-mail:
(a) (in case of communications to the Supplier) to its registered office or such changed address as shall be notified to the Client by the Supplier; or
(b) (in the case of the communications to the Client) to the address of the Client set out in any document which forms part of the Contract or such other address as shall be notified to the Supplier by the Client.
13.2 Communications shall be deemed to have been received:
(a) if sent by pre-paid first class post, two days (excluding Saturdays, Sundays and bank and public holidays) after posting (exclusive of the day of posting); or
(b) if sent by fax or e-mail on a working day prior to 4.00 pm, at the time of transmission and otherwise on the next working day.
14. CANCELLATION & REFUNDS
14.1 The Supplier will give a full refund of the Contract Price to the Client within 28 days of receipt of a medical certificate or a letter provided by a qualified medical practitioner that the Client is not able or not suitable to undertake or participate in any Programme.
14.2 The Supplier will provided a full refund of the Contract Price if any Product is returned to the Supplier within 14 days of the Product being sent to the Client providing that the Product has not been used and is returned in a condition fit for resale. This does not affect your statutory rights in the event of any defective of faulty Product
14.3 If a Client wishes to alter or change the location or time of the provision of a Programme then they must give at least 48 hours prior notice in writing of such change of the full price of the Programme will be payable without refund.
14.4 If Client wishes to withdraw from a Programme before it has been provided or commenced a cancellation charge shall be payable by the Client as notified to them by the Supplier and unless the Client gives to the Supplier at least 48 hours prior notice of such cancellation the full price of the Programme shall be payable without refund.
14.5 The Supplier shall make no refund of the Contract Price other than as set out in this clause or as provided for by the terms of this agreement.