ONE TO ONE TERMS
1.1.What these terms cover. These are the terms and conditions on which I supply services (the, “Yoga”)
1.2.Why you should read them. Please read these terms carefully before you submit you order to me. These terms tell you who I am, how I will provide the Yoga to you, how you and I may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms please contact me to discuss.
INFORMATION ABOUT ME AND HOW TO CONTACT ME
2.1. Who I am. I am Christina Chung, sole trader established in England and Wales. My address is 17 Home
Farm Lane, Radcliffe on Trent, Nottingham NH12 2LL, UK.
2.2. How to contact me. You can contact me by writing to me at firstname.lastname@example.org.
2.3. How I may contact you. If I have to contact you I will do so by telephone or by writing to you at the email address you provided to me in your order.
2.4. ”Writing” includes emails. When I use the words “writing” or “written” in these terms, this includes emails.
OUR CONTRACT WITH YOU
3.1. How I will accept your order. My acceptance of your order for the Yoga will take place when I confirm your booking in writing. I will supply you with a copy of these Terms and once you have confirmed your agreement to these Terms a contract will come into existence between you and me.
3.2.If I cannot accept your order. If I am unable to accept your order, I will inform you of this in writing and will not charge you for the Yoga.
4.1. You are responsible for letting me know if you have any injuries and you agree to be mindful at all times of your own body’s capability during your participation in the sessions that are part of the Yoga. You undertake to immediately inform me if you experience any discomfort during an activity or believe you may have sustained an injury. In you have any concerns about an exercise during the Yoga, then you agree that you will stop and let me know.
4.2. You agree that it is your responsibility to consult a doctor with an understanding of yoga, prior to your participation in the Yoga, to confirm that you are sufficiently fit and healthy to undertake yoga classes and other physical activities that you may choose to do as part of the Yoga.
PROVIDING THE YOGA
5.1. When I will provide the Yoga. I will be providing the Yoga on the date(s) agreed in writing between us.
5.2. I am not responsible for delays outside our control. If the Yoga is affected by an event outside my control then I will contact you as soon as possible to let you know and I will take commercially reasonable steps to minimise the impact of the event on the Yoga.
5.3.What will happen if you do not provide required information to me. I will need certain information from you so that I can provide the Yoga to you, including for example, [Full name, contact number, email address]. I will contact you in writing to ask for this information. If you do not, within a reasonable time of me asking for it, provide me with this information, or you provide me with incomplete or incorrect information, I may end the contract (see Clause 10.1). I will not be responsible for not providing the Yoga or any part of the Yoga if this is caused by you not giving me the information I need within a reasonable time of me asking for it.
YOUR RIGHTS TO END THE CONTRACT
6.1. You can end the contract before the Yoga has commenced. If you want to cancel this contract for the Yoga (or a particular session of the Yoga) you must provide me with your cancellation notice at least 48 hours prior to the scheduled date for the Yoga (or particular Yoga session if one of a number of yoga sessions). Subject to you complying with this notice requirement, you will have the following rights:
6.1.1. you will have 30 days from the date of your cancellation to contact me to request an alternative booking for the Yoga and I will use commercially reasonable efforts to accommodate your requested date;
6.1.2. in the event that you don’t request an alternative date for the Yoga or if I am unable to accommodate your request for a specific alternative date, I will provide you with 2 optional dates for the Yoga (or particular session of the Yoga);
6.1.3. In the event that no alternative date for the Yoga can be confirmed under 6.1.1 or 6.1.2. above, within a 30 day period, your right to the Yoga will fall away and you will have no right to a refund.
6.2. Cancellation of the Yoga by me: If I have to cancel the Yoga (or a particular session of the Yoga) for any reason, the following terms will apply:
6.2.1. I will use reasonable endeavours to provide you with 24 hours notice of the cancellation;
6.2.3. You will have 30 days from the date of my cancellation to request an alternative date for the Yoga (or particular session of the Yoga) and I will use commercially reasonable efforts to accommodate your requested date;
6.2.3. In the event that you don’t request an alternative date for the Yoga or if Me is unable to accommodate your request for a specific alternative date, Me will provide you with 2 optional dates for the Yoga (or particular session of the Yoga);
6.2.4. In the event that no alternative date for the Yoga can be confirmed under 6.2.2 or 6.2.3 above, within a 30 day period, I will refund you the price of the cancelled Yoga (or the particular session of the Yoga).
6.3. What happens if you have good reason for ending the contract. If you are ending the contract for a reason set out at 6.3.1. to 6.3.4. below the contract will end immediately and I will refund you in full. The relevant reasons are:
6.3.1. I have told you about an upcoming change to the Yoga or these terms which you do not agree to;
6.3.2. I have told you about an error in the price or description of the Yoga and you do not wish to proceed;
6.3.3. There is a risk the Yoga may be significantly changed because of events outside our control; or
6.3.4. You have a legal right to end the contract because of something I have done wrong.
7. MY RIGHTS TO END THE CONTRACT
7.1. I may end the contract if you break it. I may end the contract at any time by writing to you if:
7.1.1. you do not make any payment to me when it is due and you still do not make payment within
seven business days of me reminding you that payment is due; or
7.1.2. you do not, within a reasonable time of me asking for it, provide me with information that is necessary for me to provide the Yoga.
7.2. You must compensate me if you break the contract. If you break or breach the contract I may charge you compensation for the net costs I will incur as a result of your breaking the contract.
8. IF THERE IS A PROBLEM WITH THE YOGA
8.1. How to tell me about problems. If you have any questions or complaints about the Yoga, please contact me. You can contact me by telephoning me at 07841837644 or by writing to me at email@example.com.
8.2.Summary of your legal rights. See the box below for a summary of your key legal rights in relation to the Yoga. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says:
you can ask me to rectify my services if they are not carried out with reasonable care and skill.
My charges for the services must be reasonable.
My services must be carried out in accordance with the timescales indicated to you within these terms.
8.3. My guarantee in addition to your legal rights. I offer the following goodwill guarantee which is in addition to your legal rights (as described in Clause 8.2 and does not affect them. In the unlikely event there is a material defect in respect of the Yoga:
8.3.1. if remedying the defect is impossible or cannot be done within a reasonable time or without significant inconvenience to you I may, at my discretion, refund a portion of the price you have paid for the Yoga.
8.3.2. in all other circumstances I will use every effort to resolve any defect, without significant inconvenience to you, as soon as I reasonably can.
9. PRICE AND PAYMENT
9.1.Where to find the price for the Yoga. The price of the Yoga will be the price set out in our correspondence to you unless I have agreed another price in writing. I take all reasonable care to ensure that the price for the Yoga advised to you is correct.
9.2.When you must pay and how you must pay. You must make full payment of the price of the Yoga, within 48 hours of booking the Yoga otherwise you risk losing your booking. Your payment will only be completed when cleared funds appear in my nominated bank account. You can make payment via paypal to firstname.lastname@example.org or; to the following account by BACS transfer:
C J CHUNG
Sort code: 40-35-18 Account number: 12399482
10. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
10.1. I am responsible to you for foreseeable loss and damage caused by me. If I fail to comply with these terms, I am responsible for loss or damage you suffer that is a foreseeable result of me breaking this contract or my failure to use reasonable care and skill, but I am not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both you and I knew it might happen, for example, if you discussed it with me during the sales process.
10.2. I do not exclude or limit in any way my liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by my negligence; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Yoga including that the Yoga is as described and supplied with reasonable skill and care.
10.3. I am not liable for any other losses. I only supply my services for domestic and private use. If you use the Yoga for any commercial, business or re-sale purpose I will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
HOW I MAY USE YOUR PERSONAL INFORMATION
11.1. I will only use your personal information for the reasonable administrative purposes required to facilitate your participation in the Yoga. I will maintain your personal information in accordance with UK data protection legislation.
OTHER IMPORTANT TERMS
12.1. I may transfer this agreement to someone else. I may transfer my rights and obligations under these terms to another organisation but if I intend to do so, I will always tell you in writing. If this happens I will ensure that the transfer will not affect your rights under the contract.
12.2. You may only transfer your rights with my consent. You may only transfer your rights or your obligations under these terms to another person with my written consent.
12.3. Nobody else has any rights under this contract. This contract is between you and me. No other person shall have any rights to enforce any of its terms.
12.4. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
12.5. Even if I delay in enforcing this contract, I can still enforce it later. If I do not insist immediately that you do anything you are required to do under these terms, or if I delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things or prevent me taking steps against you at a later date. For example, if you fail to make a payment and I do not chase you but I continue to provide the Yoga, I can still require you to make the payment at a later date.
12.6. Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the Yoga in the English courts.
12.7. Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how I have handled any complaint, I will negotiate in good faith to agree to an independent dispute resolution entity and you will be able to submit a complaint to that entity. I will abide by the decision making of the dispute resolution entity I jointly agree to.