By buying a product or service with Creative Restoration you agree to the Terms and Conditions as set out below.
BACKGROUND:These Terms and Conditions are the standard terms which apply to provision to a client of any Services (as “Services” is defined in Clause 1 below) by us, namely Creative Restoration (Dr Paula Redmond and Mr Mia Hobbs) trading under Health in Mind Psychology Ltd of Forester Building, 29-35 St Nicholas Place, Leicester, LE1 4LD;
(1) Definitions and Interpretation
- In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Business” | means any business, trade, craft, or profession carried on by You or any other person/organisation; |
“Consumer” |
means a “Consumer” as defined by the Consumer Rights Act 2015, that is to say an individual who receives any of the Services for his/her personal use; |
“Price List” |
means our standard price list for all of the Producrs and Services which We offer which is available upon request via info@creativerestoration.com |
“Regulations” |
means The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013; |
“Services” | means any psychologist services including supply of any other services, treatments, and other materials, and other items provided or used in the course of Our normal business; |
“Products” | means the products, material, apparatus, equipment, supplies, articles, data or other goods to be furnished by Seller under this Contract; |
“Us/We/Our” |
means Creative Restoration whose place of business and contact address is the same address as above and reference to Us/We/Our shall include reference to any and all staff; and |
“You/Your/Client” |
means an individual who is a client of Creative Restoration; |
Unless the context otherwise requires, each reference in these Terms and Conditions to:
- “These Terms and Conditions” is a reference to these Terms and Conditions as amended or supplemented at the relevant time; and
- A Clause or sub-Clause is a reference to a Clause of these Terms and Conditions;
- Words signifying the singular number shall include the plural and vice versa; and
- References to any gender shall include the other gender.
(2) Events
Tickets to Creative Restoration events are not refundable, however they are transferrable please contact us to let us know of any change of details;
We may cancel an event booked by You at any time before the time and date of that appointment in the following circumstances:
- The required personnel and/or required materials necessary for the provision of the Services are not available; or
- The minimum number of participants required to hold the event has not been reached; or
- An event outside of Our reasonable control occurs.
If We cancel an event in such circumstances We will refund to You in full any deposit or other advance payment that You have made to Us for that event;
Where the contract We make with You is not made on Our premises, the Regulations give You the rights set out in this sub-Clause, and they will be in addition to the rights given to You by the above provisions of this Clause 2.
You may for any reason cancel a booking for any Services during the 14 day period after We accept the booking for those Services but if the event is on a date which is before the end of that period and if You have expressly requested Us to provide Services at that event and We do so, You may not cancel that booking and You must pay for it in accordance with Clause 3. If You request that Your booking be cancelled, You must confirm this in any way convenient to You. If You cancel as allowed by this Sub-clause, and You have already made any payment(s) to Us for the appointment, We will refund the payment(s) to You within 14 days of receiving Your cancellation.
(4) Fees and Payment
You must pay for all Products and Services in accordance with Our Price List;
All sums are due at the time of booking;
Payment should generally be made immediately subject to other terms agreed between You and Us from time to time;
You may pay Us for Services (and for any deposit or other advance payment on account of that payment) using any of the following methods:
- Credit or debit card; and
- Bank transfer
All prices of Services shown in the Price List are inclusive of VAT. All fees due shall be invoiced including VAT; and
We may alter Our prices without prior notice but if the price of any Services increases between the time when You book an event and the date of the event, the price increase will not apply to Your booking for those Services on that date.
(5) Treatment
You confirm that, in connection with any appointment or receipt of any Services from Us or Your request for the same, You are and will be a “Consumer” as defined in Clause 1 above;
We will provide all treatment in accordance with all relevant laws, rules and regulations;
We will not undertake any procedure that is in conflict with any law in force, any voluntary or mandatory code of practice, or any similar rules, regulations or codes; and
(6) Limitation of Liability
We will be responsible for any foreseeable loss or damage that You may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by You and Us when Our contract with You is created. We will not be responsible for any loss or damage that is not foreseeable;
We provide or sell all Services and Products only for Your personal and private use/purposes. We make no warranty or representation that products, or other goods or materials that We provide or sell are fit for commercial, business, industrial, trade, craft or professional purposes of any kind (including resale). We will not be liable to You for any loss of profit, loss of business, interruption to business or for any loss of business opportunity;
Nothing in these Terms and Conditions is intended to or will exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation; and
Furthermore, if you are a “consumer” as defined by the Consumer Rights Act 2015, or a consumer for the purposes of any other consumer protection legislation, nothing in these Terms and Conditions is intended to or will exclude, limit, prejudice, or otherwise affect any of Our duties or obligations to You, or Your rights or remedies, or Our liability to You, under:
- the Consumer Rights Act 2015;
- the Regulations;
- the Consumer Protection Act 1987;
- any other consumer protection legislation; or
- as that legislation is amended from time to time.
For more details of Your legal rights, please refer to Your local Citizens’ Advice Bureau or Trading Standard Office.
(7) How We Use Your Personal Information (Data Protection)
We will only use Your personal information as set out in Our Privacy Policy on our website and in accordance with the Privacy Notice set out on the forms used to collect health data about you.
(8) Regulations
We are required by the Regulations to ensure that certain information is given or made available to You as a Consumer before We make Our contract with You (i.e. before We accept Your request to make a booking) except where that information is already apparent from the context of the transaction. We have included the information itself either in these Terms and Conditions for You to see now, or We will make it available to You before We accept Your request to make a booking. All of that information will, as required by the Regulations, be part of the terms of Our contract with You as a Consumer.
(9) InformationAs required by the Regulations:
all of the information described herein; andany other information which We give to You about any Services or Us which You take into account when deciding to make a booking or when making any other decision about the Services;
will be part of the terms of Our contract with You as a Consumer.
(10) Complaints and Standards
We always welcome feedback from our clients and, whilst We shall use all reasonable endeavours to provide a high standard of service, care and treatment to all Clients and Patients, We nevertheless want to hear from You if You have any cause for complaint. If You have any complaint about Our Services, please raise the matter with us at info@creativerestoration.org.
(11) Changes to Terms and Conditions
We may from time to time change these Terms and Conditions without giving You notice, but We will use Our reasonable endeavours to inform You as soon as is reasonably possible of any such change.
(12) No Waiver
No failure or delay by Us or You in exercising any rights under these Terms and Conditions means that We or You have waived that right, and no waiver by Us or You of a breach of any provision of these Terms and Conditions means that We or You will waive any subsequent breach of the same or any other provision.
(13) Severance
If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected.
(14) Law and Jurisdiction
These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
As a consumer, you will benefit from any mandatory provisions of the law in your country of residence.
Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.