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 by you (the Customer or you). “We” are: Trevor Sambrooks trading as T.S. Hypnotherapy, with email address [email protected]; (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 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 their 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. 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;
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 services advertised on the Website, of the description set out in the Order;
10. Website means our website www.TSHypnotherapy.com on which the Services are advertised.

Services

11. The description of the Services is as set out in the Website, and any other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in bespoke services.
12. Services are made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
13. All Services which appear on the Website are subject to availability.
14. 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

15. You must co-operate with us in all matters relating to the Services, provide us with all information required to perform the 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 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 the Services in our website does not constitute a contractual offer to sell the Services. 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.
20. 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.
21. 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 before performance begins of any of the Services.
22. 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.

Fees and Payment

23. The fees (Fees) for Services may be calculated on a fixed price or on a standard per-session rate basis.
24. You must pay by means provided on the website, or 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

25. We will deliver the Services within the agreed period or, failing any agreement:
26. within a reasonable time; and
27. not more than 30 days after the day on which the Contract is entered into.
28. 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 50% of the Fees or charges.
29. In any case, regardless of events beyond our control, if we do not commence the performance of Services on time, you can (in addition to any other remedies) treat the Contract at an end.
30. If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
31. If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order at any point before delivery of Services.
32. We do not generally provide Services outside England and Wales, Scotland, Northern Ireland, the Isle of Man and the Channels Islands.

Risk and Title

33. If, in the case of ongoing Services, full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any future delivery of Services and treat the Contract at an end.

Withdrawal and Cancellation

34. 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.
35. 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 services (with no others) in the following circumstances:

a. bespoke Services made to your specifications or are clearly personalised;

Right to Cancel

36. Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason.
37. The cancellation period will expire after 14 days from the day on which the Contract was entered into.
38. 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 or email). You can use the example cancellation form below, 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.
39. 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.TSHypnotherapy.com. 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 undue delay.
40. 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

41. 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

42. 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

43. 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. 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.

Timing of Reimbursement

44. If reimbrusement is required, 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.
45. 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.
46. 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

47. We have a legal duty to supply the Services in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
48. Upon delivery, the Services will:

a. be of satisfactory quality;

b. be reasonably fit for any particular purpose for which you buy the Services which, before the Contract is made, you made known to us and be fit for any purpose held out by us or set out in the Contract; and

c. conform to their description.

49. It is not a failure to conform if the failure has its origin in your materials or information or participation.
50. We will supply the Services with reasonable skill and care.
51. We will provide the following after-sales service: The supplier will continue support (within reason and by request) by email and phone, and will continue to allow the client to access their website profile for thirty days after their last session.
52. In relation to the Services, anything we say or write to you 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 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

53. The Contract continues for an initial 4 sessions and for subsequent sessions.
54. 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;

b. is subject to any step towards its bankruptcy or liquidation.

c. has no further requirement of the Services.

55. On termination of the Contract for any reason, any of our respective remaining rights and liabilities will not be affected.

Circumstances Beyond the Control of Either Party

56. 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

57. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
58. These Terms and Conditions should be read alongside, and are in addition to our policies, including our Privacy Policy (www.tshypnotherapy.com/privacy) and Cookies Policy (www.tshypnotherapy.com/cookies).
59. 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 GDPR.

b. ‘GDPR’ means the UK General Data Protection Regulation.

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

60. We are a Data Controller of the Personal Data we Process in providing the Services and Goods to you.
61. Where you supply Personal Data to us so we can provide Services and Goods to you, and we Process that Personal Data in the course of providing the Services and Goods 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.

62. For any enquiries or complaints regarding data privacy, you can e-mail: [email protected].

Excluding Liability

63. The Supplier does not exclude liability for:
    

    a. any fraudulent act or omission; or

    b. 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 wholly or mainly for your business, trade, craft or profession.

Governing Law, Jurisdiction and Complaints

64. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
65. 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.
66. 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 within 5 working days. We are accountable to the UK Hypnotherapy Council (UKHC). Unresolved issues will be referred to the UKHC at appropriate supervisory level for mediation.
67. We aim to follow these codes of conduct, copies of which you can obtain as follows:

Attribution

68. These Terms and Conditions were created using a document from Rocket Lawyer (https://www.rocketlawyer.com/gb /en).

Model Cancellation Form

Email address: [email protected]

To, Trevor Sambrooks

I hereby give notice that I cancel my contract for the supply of hypnotherapy services.

Name of consumer(s):

Address of consumer(s):

Signature of consumer(s) (only necessary if this form is notified on paper)

Date