Terms and conditions

Terms and Conditions   

 

   

Please read all these terms and conditions.   

As I 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   

   

Application 

   

1.      These Terms and Conditions will apply to the purchase of the services and goods by you (the Customer or you).  I am Valerie Taylor-Walker trading as Earlsfield Hypnotherapy of 177 Burntwood Lane, London, SW17 0AL with email address val@earlsfieldhypnotherapy.co.uk.  Telephone: 07590497208.   

   

2.      These are the terms on which I 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 Service from the Website if you are eligible to enter into a contract and are at least 18 years old.   

   

Interpretation 

   

3.      Me or I or Supplier means Valerie Taylor-Walker, Clinical Hypnotherapist, owner and operator of this Website and the therapist performing the services listed on this Website;   

4.      You or Consumer or Client means the individual accepting these terms and conditions and the one using these Services and is acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;   

5.      Contract means the legally-binding agreement between you and me for the supply of the Services;   

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 or Booking for the Services from the Supplier as submitted following the step-by-step process set out on the Website, by email or over the telephone;   

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

   

Services 

   

9.      The description of the Services is as set out in the Website, leaflets or other forms of advertisement. Any description is for illustrative purposes only.   

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

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

12.    I reserve the right to change my fees for Sessions at any time.  I will notify you by email giving you at least 48 hours’ notice prior to any pre-booked session.   

13.    All Sessions are held on a one-to-one basis and are face to face at my premises at 177 Burntwood Lane, London SW17 0AL or online over Zoom   

14.    The number of Sessions required vary from person to person. Whilst I might suggest a number of Sessions based on experience, this is for guidance only and there is no obligation on your part, or recommendation by me, to book a particular number of Sessions in advance. 

15.    The normal duration of each session is approximately 50 minutes to 1 hour, with the initial Session being 90 minutes, although I reserve the right to amend that time for therapeutic reasons.  The normal duration of the Stop Smoking Programme is up to 120 minutes.   Regardless of duration, the fee will remain the same.   

   

Client responsibilities   

   

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

17.    Failure to comply with the above is a Client’s default which entitles us to suspend performance of the Services until you remedy it or if you fail to remedy it following our request, I can terminate the Contract with immediate effect on written notice to you. 

18.    It is a requirement for therapy, that all Clients complete a consultation form prior to the first appointment. 

This will include your name, date of birth, contact details, emergency phone number, symptom/s and any  relevant medical history or medication.  Failure to complete the form to a reasonable standard and in advance of therapy will result in the appointment being cancelled and a 50% fee charged.   

19.    Clients must not be under the influence of alcohol or non-prescribed medication when attending an appointment or the Session will not take place and the full fee will be charged.   

20.   All materials and recordings provided are for your personal use only and must not be shared or distributed in any way.   

   

Personal information   

   

21.    I retain and use all information strictly under the Privacy Policy   

22.    I may contact you by using email or other electronic communication methods and by pre-paid post and you expressly agree to this   

   

Basis of Sale 

   

23.    The description of the Services in my Website does not constitute a contractual offer to sell the Services. When a Booking has been submitted on the Website or by email or telephone, I can reject it for any reason, although I will try to tell you the reason without delay.   

24.    The Booking 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. 

25.    A Contract will be formed for the Services ordered only when you receive an email from me confirming the Order (Booking Confirmation).  You must ensure that the Booking Confirmation is complete and accurate and inform me immediately of any errors.  I am not responsible for any inaccuracies in the Order placed by you.  By placing an Order you agree to me giving you confirmation of the Booking Confirmation within a reasonable time after making the Contract, but in any event before performance begins of any of the Services. 

26.    I am unable to offer any guarantees as to the outcome of any therapy.  Therapy is a collaborative approach and relies on the commitment and motivation of the individual client to work with me. I can, however, guarantee to work with you to the best of my ability and skills to help you achieve the outcome you desire within the shortest time possible.   

27.    Hypnotherapy and associated techniques are complimentary therapies and are not a substitute for conventional medical treatment.  If you are currently undergoing any medical treatment, you should inform your doctor of your intention to seek hypnotherapy.     

   

Website   

   

28.    All content on my website is protected by copyright © and may not be copied, adapted, altered or distributed in any way without my written consent.     

29.    I cannot guarantee that the content of my Website is always accurate or up to date or will be free of errors or omissions.   

30.    Any links that I provide to other websites are for information only.  I am not responsible for the content of those websites or for any loss or damage suffered by you as a result of you taking any action from these external sites.     

   

Fees and Payment   

   

31.    The fees (Fees) for the Services and any other charges are that set out on the Website at the date I accept the Order or such other price as we may agree in writing.  Prices for the Services may be calculated on a fixed price or on a standard hour rate basis.   

32.    You must pay in full prior to each appointment via bank transfer to the following account:   

   

Account Name: Earlsfield Hypnotherapy

Account Number : 30734606

Sort Code : 23-69-72

   

You may also pay by submitting your credit or debit card details with your Order and I can take payment immediately or otherwise before delivery of the Services.  If a deposit of 50% has been agreed and paid to secure the appointment, the balance is due either at least 2 days; prior to the appointment or by credit card at the start of the appointment.  All payments must be made in pound sterling (GBP)   

   

Right to Cancel 

   

33.    Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason and receive a full refund, under the Consumer Contracts Regulation 2013.   

34.    The cancellation period will expire after 14 days from the day the Contract was entered into.     

35.    In accordance with regulation 36 of the Consumer Contracts Regulations 2013, if you choose to commence Services immediately (or within those 14 days) you subsequently waive your right to cancel within the 14 day period and your right to a full refund.  The Cancellation period expires 24 hours before the start of your appointment.     

36.    If you book an appointment that will begin within the next 24 hours, you waive the right to change your mind or cancel this service.     

37.    If appointments are missed, for whatever reason, you will be charged in full for the missed appointment. This is because costs have been incurred and my time and resources have been exclusively set aside for you prior to your appointment.   

38.    To exercise the right to cancel, you must inform me of your decision to cancel this Contract by a clear statement setting out your decision, for example by letter sent by post 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.   

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 my Website www.earlsfieldhypnotherapy.co.uk.  If you use this option, I will communicate to you an acknowledgement of receipt of such a cancellation in a Durable Medium   

   

Effects of cancellation in the cancellation period   


40. Except as set out below, if you cancel this Order, we will reimburse to you all payments received from you for this Order   

   

Payment for Services commenced during the cancellation period   


41.    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 therapists. 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. 

42.    I 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.  You will need to provide me with your bank or credit card details as these are not hold these on file.   


43.    If I need to cancel the booking or are unexpectedly delayed, you will be offered a full refund or the option of rescheduling the booking.   


44.    For the purposes of these Cancellation Rights, these words have the following meanings:   


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;   

   

Conformity 

   

45.    I will supply the Services with reasonable skill and care   

46.    In relation to the Services, anything I say or write to you is a term of the Contract (which I 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 me 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   

   

47.    The Contract continues as long as it takes me to perform the Services.   

48.    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   

49.    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   

   

50. 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 the right to cancel below.   

   

Privacy   

   

51.    Your privacy is critical to me. I respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.   

52.    These Terms and Conditions should be read alongside, and are in addition to my policies, including my privacy policy (www.earlsfieldhypnotherapy.co.uk/privacy) and cookies policy (www.earlsfieldhypnotherapy.co.uk/cookies).   

53.    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.   

54.    I am a Data Controller of the Personal Data I Process in providing the Services to you.   

55.    Where you supply Personal Data to me so I can provide Services and Goods to you, and I Process that Personal Data in the course of providing the Services and Goods to you, I will comply with my obligations imposed by the Data Protection Laws:   

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

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

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

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

56.    For any enquiries or complaints regarding data privacy, you can e-mail: val@earlsfieldhypnotherapy.co.uk.   

   

Excluding liability   

   

57. 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, I am 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 I believe you are not buying the Services and Goods wholly or mainly for your business, trade, craft or profession.   

   

Governing law, jurisdiction and complaints   

   

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

59.    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.   

60.   My hope is for you to be happy with the Services I provide.  In the event of any dispute, please discuss this with me.  My telephone number is 07590 4972 08 or email me at val@earlsfieldhypnotherapy.co.uk. If you feel unable to do so or do not receive satisfactory resolution, then you have the right to complain to my professional body, the National Council for Hypnotherapy (NCH) at standards@hypnotherapists.org.uk   

61.    I aim to follow these codes of conduct, copies of which you can obtain as follows:  Code of Ethical Conduct and Performance available from www.hypnotherapists.org.uk/about-nch/code-of-ethics/   

www.cnhc.org.uk/sites/default/files/Downloads/CodeofConductEthicsandPerformance_Nov2019.pdf   

   

Attribution   

   

62.    These terms and conditions were created using a document from Rocket Lawyer (https://www.rocketlawyer.com/gb/en).   

   

   

   


Cancellation Form

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