1.1 These Terms and Conditions will apply to the purchase of the Service, by you (the Customer or you) from Cheryle Britton trading as YOLO Wellbeing of 6 Oak Bank, Gregson Lane, Preston, PR5 0ED, with the email address Hello@YOLOWellbeing.co.uk and telephone number 01772 283139 (the Supplier or us or we).
1.2 These are the terms on which we sell the Service to you. By ordering the Service, you agree to be bound by these Terms and Conditions.
2. Definitions and Interpretation
In these Conditions the following definitions apply:
Appointment: means one 15 minutes express massage and visual mediation appointment.
Business Day: means a day other than a Saturday, Sunday or bank or public holiday when banks generally are open for non-automated business in England.
Booking Date: means the chosen date for the Service.
Booking Confirmation: means confirmation that the Service has been booked and the Customer has received secure log in details for the website www.yolowellbeing.co.uk to pre-book the Appointments.
Conditions: means the Supplier’s terms and conditions of sale set out in this document.
Confidential Information: means all information of confidential nature disclosed in whatever form by the Customer to the Supplier. Such information to include details of the Customer’s business and employees.
Contract: means the agreement between the Supplier and the Customer for the sale and purchase of the Service incorporating these Conditions.
Customer: means the person who purchases the Service from the Supplier and whose details are set out in these Conditions.
Day: means 9.00am-4.35pm, Monday- Friday, excluding bank or public holidays.
Force Majeure: means an event or sequence of events beyond a party’s reasonable control (after exercise of reasonable care to put in place robust back-up and disaster recovery arrangements) preventing or delaying it from performing its obligations under the Contract including an act of God, fire, flood, lightning, earthquake or other natural disaster; war, riot or civil unrest; interruption or failure of supplies of power, fuel, water, transport, equipment or telecommunications service; or material required for performance of the Contract; strike, lockout or boycott or other industrial action including strikes or other industrial disputes involving the Supplier’s or its suppliers’ workforce, but excluding the Customer’s inability to pay or circumstances resulting in the Customer’s inability to pay.
Premises: means the Customer’s address where the Service is provided.
Price: has the meaning in clause 4.
Registered Address: means the Supplier’s registered address, 6 Oak Bank, Gregson Lane, Preston, PR5 0ED.
Service: means a Day booking of up to eighteen 15 minutes express massage and visual meditation appointments or as otherwise agreed between the Supplier and the Customer.
Start Time: means 9.00am on the morning of the Booking Date or as otherwise agreed between the Supplier and the Customer.
Supplier: means the person who sells the Service to the Customer and whose details are set out in these Conditions.
Van: means the Supplier’s custom built van where the Service is provided.
3. Delivery of Service
3.1 The Service will be delivered in the Supplier’s Van at the Premises.
3.2 The Service will begin at the Start Time.
3.3 The Customer agrees to provide space for the Supplier to park the Van.
3.4 If the Supplier is delayed and unable to reach the Customer’s Premises by the Start Time, they will inform the Customer as soon as possible of their expected arrival time.
3.4.1 The Customer will be refunded for the missed Appointments if the Supplier is ready to start the Service within 2.5 hours of the Start Time.
3.4.2 The Customer is entitled to cancel the Service if the Supplier arrives at the Premises 2.5 hours or more after the Start Time.
4.1 The Price is set, per Day, for Premises within 50 miles of the Registered Address, together with any expenses as set out in clause 5.
4.2 The Price will be confirmed in an invoice generated by the Supplier.
5.1 In the event of the Premises being located more than 50 miles from the Registered Address, there will be a charge of 45p per mile. This will be added to the invoice.
5.2 In the event that hotel stays are required, these will be charged at £80 per night. This will be added to the invoice.
6.1 The Service is available for a Day or as otherwise agreed between the Supplier and the Customer.
6.2 The Customer can book the Service by contacting the Supplier via the email address and telephone number in clause 1.1.
6.3 The Supplier will issue an invoice to the Customer incorporating the Price as described in Clause 4.1.
6.4 The Supplier will issue a Booking Confirmation to the Customer once payment is received.
6.5 It is the Customer’s responsibility to ensure that all the Appointments in a Day are filled. Refunds will not be given for unfilled or missed appointments other than as described in Clause 3.4.
7.1 Payment is due within 14 days of receipt of the Supplier’s invoice and in all circumstances must be paid by the Customer before the Booking Date.
7.2 Payment can be made by BACs transfer to the Suppliers Bank Account, details of which can be found on the invoice.
8. Cancellation Policy
8.1 No refunds will be provided after the Booking Confirmation has been issued.
8.2 The Customer can re-schedule the Booking Date only with the agreement of the Supplier.
9.1 The Supplier does not exclude liability for:
9.1.1 any fraudulent act or omission;
9.1.2 for death or personal injury caused by negligence or breach of the Supplier’s other legal obligations;
9.2 The Supplier will maintain Public Liability Insurance to this effect.
9.3 The Supplier is not liable for loss which was not reasonably foreseeable to both parties at the time the Contract was made.
10. Force Majeure
10.1 A party shall not be liable if delayed in or prevented from performing its obligations due to Force Majeure, provided that it:
10.2 promptly notifies the other party of the Force Majeure event and its expected duration; and
10.3 uses its best endeavours to minimise the effects of that event.
11.1 The Supplier will:
11.1.1 keep the Confidential Information confidential at all times;
11.1.2 not disclose the Confidential Information or allow it to be disclosed in whole or in part to any third pay without the Customer’s prior consent;
11.1.3 take proper and all reasonable measures to ensure the confidentiality of the Confidential Information; and
11.1.4 not use the Confidential Information in whole or in part for any purpose except for what is required to provide the Service.
The Supplier agrees to respect the Customer’s privacy and that of the Customer’s employees and comply with the General Data Protection Regulations with regards to personal information.
13.1 The Supplier may terminate the Contract or any other contract which it has with the Customer at any time by giving notice in writing to the Customer if:
13.1.1 the Customer commits a material breach of the Contract and such breach is not remediable;
13.1.2 the Customer commits a material breach of the Contract which is not remedied within 14 Business Days of receiving written notice of such breach;
13.1.3 any consent, licence or authorisation held by the Supplier is revoked or modified such that the Supplier is no longer able to comply with its obligations under the Contract or receive any benefit to which it is entitled.
14. Entire agreement
14.1 The parties agree that the Contract constitutes the entire agreement between them and supersedes all previous agreements, understandings and arrangements between them, whether in writing or oral in respect of its subject matter.
14.2 Each party acknowledges that it has not entered into the Contract or any documents entered into pursuant to it in reliance on, and shall have no remedies in respect of, any representation or warranty that is not expressly set out in the Contract. No party shall have any claim for innocent or negligent misrepresentation on the basis of any statement in the Contract.
14.3 Nothing in these Conditions purports to limit or exclude any liability for fraud.
No variation of the Contract shall be valid or effective unless it is in writing, refers to the Contract and is duly signed by, or on behalf of, the Supplier.
If any provision of the Contract (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of the Contract shall not be affected.
17. Conflicts within contract
If there is a conflict between the terms contained in these Conditions, the terms of these Conditions shall prevail.
18. Governing law
The Contract and any dispute or claim arising out of, or in connection with, it, its subject matter or formation (including non-contractual disputes or claims) shall be governed by, and construed in accordance with, the laws of England and Wales.
The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, the Contract, its subject matter or formation (including non-contractual disputes or claims).