In this page, the following expressions have the following meaning:
1. Definitions
Booking: a Booking Request that has been accepted and confirmed by the Supplier of which the details are included on the Booking form;
Booking Request: a request for Services from the Supplier placed by the Customer;
Conditions: the Supplier’s terms and conditions of supply set out in this document;
Confidential Information: any commercial, financial or technical information, information relating to the Services, plans, know-how or trade secrets which is obviously confidential or has been identified as such, or which is developed by a party in performing its obligations under, or otherwise pursuant to the Contract;
Contract: the agreement between the Supplier and the Customer for the supply and purchase of Services incorporating these Conditions and the Booking form, including its Schedules;
Customer: the person or company who purchases the Services from the Supplier and whose details are set out in the Order;
Force Majeure: an event or sequence of events beyond the reasonable control of the Supplier preventing or delaying it from performing its obligations under the Contract, including flooding, fire, earthquake or other natural disasters, sickness, war, interruption or failure of supplies of power, transport, equipment or telecommunications service, or material required for performance of the Contract;
Services: the Services set out in the Booking form to be performed by the Supplier for the Customer;
Session Date: the date and time on which the Services (or at least the first part of the Services) are to be performed;
Supplier: the provider of the Services, Monique Sahki, acting in her capacity as a sole trader.
2. Application of these Conditions
2.1 These Conditions apply to and form part of the Contract between the Supplier and the Customer. They supersede any previously issued terms and conditions of purchase or supply.
2.2 No terms or conditions of the Customer shall form part of the Contract except to the extent that the Supplier otherwise agrees in writing.
2.3 No variation to the Contract shall be binding unless expressly agreed in writing by the Supplier.
2.4 A Booking Request sent by the Customer to the Supplier shall be an offer to purchase Services subject to these Conditions.
2.5 A Booking Request may be withdrawn or amended by the Customer at any time, provided that notice in writing of such withdrawal or amendment by the Customer is received by the Supplier before acceptance by the Supplier. If the Supplier is unable to accept a Booking Request, it shall notify the Customer as soon as reasonably practicable.
2.6 The offer constituted by a Booking Request shall remain in effect and be capable of being accepted by the Supplier until withdrawn by the Customer giving notice to the Supplier after the expiry of 14 days from the date on which the Customer submitted the Booking Request.
2.7 The Supplier may accept or reject a Booking Request at its discretion. A Booking Request shall not be accepted, and no binding obligation to supply any Services shall arise, until the Supplier’s written acceptance of the Booking Request.
2.8 Rejection by the Supplier of a Booking Request, including any communication that may accompany such rejection, shall not constitute a counter-offer capable of acceptance by the Customer.
2.9 The Supplier may issue quotations to the Customer from time to time. Quotations are invitations to treat only. They are not an offer to supply Services and are incapable of being accepted by the Customer.
2.10 Marketing and other promotional material relating to the Services are illustrative only and do not form part of the Contract.
3. Packages
3.1 The Supplier offers Mindful Consultancy, Coaching and Therapies including Image Consultancy, Motivational Life Coaching, Mindfulness, Corporate Wellness, Decluttering & Organising Business/Home services and various alternative therapies through a range of different packages suitable to different budgets. The Website of the Supplier contains detailed information of the Services.
3.2 A Booking Request will set out which services or packages the Customer wishes to request and for which date and time.
3.3 PLEASE NOTE: a Booking Request does not yet constitute a Contract. It is an offer for the purchase of Services. The Supplier will need to accept a Booking Request in order for a Contract to be formed. Please refer to article 2 of these Conditions for further details.
3.4 A discount, could be applied to the total Price for the packages (not including expenses), is available for Customers who wish to purchase at least 2 different packages at the same time.
4. Pricing
4.1 The price to be paid for the Services shall be as set out in the Booking (Price).
4.2 The Prices are exclusive of:
4.2.1 any travel expenses incurred for traveling outside of London, which shall be charged in addition at the Supplier’s standard rates; and
4.2.2 VAT (or equivalent sales tax), if applicable.
4.3 The Customer shall pay any applicable VAT to the Supplier on receipt of a valid VAT invoice.
5. Payment
5.1 At the time a Booking is made, the Supplier will invoice the Customer for a full payment ( Invoice) to guaranty the booking or a deposit of 50% of the Price of the Services/packages to secure a Session Date (Deposit Invoice).
5.2 If full payment for the Deposit Invoice is not received within one week/7 days, the Supplier reserves the right to release the Session Date and make it available for booking by other customers.
5.3 The Customer shall pay all invoices:
5.3.1 in full without deduction or set-off, in cleared funds within 7 days of the date of each invoice; and
5.3.2 using one of the payment methods offered by the Supplier (cash, BACS transfer or PayPal or Sprine).
5.4 Time of payment is of the essence. The following only applies to companies. Where sums due under these Conditions are not paid in full by the due date:
5.5.1 the Supplier may, without limiting its other rights, charge interest on such sums at 8% a year above the base rate of the Bank of England from time to time in force; and
5.5.2 interest shall accrue on a daily basis, and apply from the due date for payment until actual payment in full, whether before or after judgment.
6. Cancellation and rescheduling
6.1 Should the Customer wish to cancel a Booking after payment has been made, the Customer shall make a request for cancellation in writing by e-mail within the deadline for the single session, packages, services, workshops or courses.
6.2 If a cancellation request is received by the Supplier after the deadline for a cancellation (single sessions within 7 days, package session within 14 days, courses for Reiki - see details on the course Reiki page -or workshops within 7 days), there will be no refund but you can reschedule the session once.
6.3 If the Customer wishes to reschedule a Session Date, the Customer shall make a request to the Supplier at least 48 hours before the Session Date.
7. After a Booking is made
7.1 Once a Booking is made, the Supplier will reserve the Session Date for one week after the date of the payment. Failure to pay in time results in the release of the Session Date as per clause 5.2.
7.2 Once a Booking is made, the Supplier will send the Invoice ; The supplier may add a mandatory questionnaire to be filled in by the Customer depending on the need. This questionnaire - which serves the purpose of understanding the needs and style of the Customer - shall be returned to the Supplier at least 48 hours in advance of the Session Date.
7.3 It is as the Customer’s risk not to return the questionnaire in time. If the Customer chooses not to return the questionnaire at least 48 hours in advance of the Session Date, the Customer will have to fill in the questionnaire during the first Session. The Customer understands that, in such an event, no extra time will be allocated to compensate for the time used to fill in the questionnaire, the questionnaire is in that case deemed to be part of the Services provided.
7.4 If the Customer provides the Supplier with any other information, materials or documents in connection with the Contract - whether of its own volition or at the request of the Supplier - the Customer hereby authorizes the Supplier to use such information, materials and documents in connection with the performance of the Contract and not in any other way.
7.5 Any information, materials and documents referred to in clause 7.4 shall be treated as Confidential Information and will, at the request of the Customer, be returned or destroyed after the Services have been performed.
8. Performance
8.1 A Booking confirmation via email shall specify after payment including the invoice:
(a) the package(s)/Service (s);
(b) the Session Date(s);
(c) the Price(s);
(d) the location(s) on which the Services will be performed, if applicable.
8.2 The Services shall be deemed performed on completion of the performance of the Services.
8.3 The Supplier may work with other parties in the performance of certain Services.
8.4 Any information, materials and/or documents to be provided by the Supplier to the Customer as part of the Services, shall be sent to the Customer within reasonable time. The Supplier aims to provide such information, materials and/or documents within one week after a Session at the latest.
8.5 The Supplier shall not be liable for any delay in or failure of performance caused by:
8.5.1 the Customer's failure to: (i) fill in the questionnaire properly, (ii) appear at the agreed location on the Session Date or at all, (iii) be prepared in accordance with the Supplier's instructions or as required for a proper performance of the Services, or (iv) provide the Supplier with adequate instructions for performance or otherwise relating to the Services,
8.5.2 Force Majeure.
9. Obligations of the parties
9.1 The Supplier shall provide the Services with reasonable care, skill and diligence and to the best of her knowledge. The Supplier shall provide the Services as much as possible specific to the needs and requirements of the Customer.
9.2 The Customer shall provide the Supplier with all relevant, full and accurate information, documents and materials as to the Customer’s needs.
10. Disclaimer
10.1 Except as set out in this clause the Supplier gives no warranties and makes no representations in relation to the Services.
10.2 All warranties and conditions whether express or implied by statute, common law or otherwise are excluded to the extent permitted by law.
10.3 PLEASE NOTE: The Supplier in particular does not represent to be qualified to give any advice that is the exclusive privilege of a professional, in particular any advice in relation to health, whether physical or psychological. The Supplier provides some services related to Mindful Consultancy, Coaching and Therapies including Image Consultancy, Motivational Life Coaching, Mindfulness, Corporate Wellness, Decluttering & Organising Business/Home and alternative therapies but is not a medical doctor or other professional in that field. The Supplier strongly urges any Customer who suffers from any health issue to contact a qualified medical professional.
11. Limitation of liability
11.1 The extent of the parties’ liability under or in connection with the Contract (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) shall be as set out in this clause 11.
11.2 Subject to clauses 11.5 and 11.6, the Supplier’s total liability shall not exceed the total sum paid by the Customer for the Services provided by the Supplier to the Customer.
11.3 Subject to clauses 11.5 and 11.6, the Supplier shall not be liable for consequential, indirect or special losses.
11.4 Subject to clauses 11.5 and 11.6, the Supplier shall not be liable for any of the following (whether direct or indirect): loss of profit; loss or corruption of data; loss of production; loss of contract; loss of opportunity; loss of savings, discount or rebate (whether actual or anticipated); harm to reputation or loss of goodwill.
11.5 The limitations of liability set out in clauses 11.2 to 11.4 shall not apply in respect of any indemnities given by either party under the Contract.
11.6 In any event, the total aggregate liability of the Supplier shall not exceed the sums paid out by the Supplier’s professional indemnity insurance provider.
11.7 Notwithstanding any other provision of the Contract, the liability of the parties shall not be limited in any way in respect of the following:
11.7.1 death or personal injury caused by negligence;
11.7.2 fraud or fraudulent misrepresentation;
11.7.3 any other losses which cannot be excluded or limited by applicable law.
12. Intellectual property
12.1 The Supplier shall indemnify the Customer from and against any losses, damages, liability, costs and expenses (including reasonable professional fees) incurred by it as a result of any action, demand or claim that performance of benefit of the Services infringes the Intellectual Property Rights of any third party (IPR Claim), provided that the Supplier shall have no such liability if the Customer:
- does not notify the Supplier in writing setting out full details of any IPR Claim of which it has notice as soon as is reasonably possible;
- makes any admission of liability or agrees any settlement or compromise of the relevant IPR Claim without the prior written consent of the Supplier;
- does not let the Supplier at its request and own expense have the conduct of or settle all negotiations and litigation arising from the IPR Claim at its sole discretion;
- does not take all reasonable steps to minimize the losses that may be incurred by it or by any third party as a result of the IPR Claim;
- does not, at the Supplier's request, provide the Supplier with all reasonable assistance in relation to the IPR Claim (at the Customer’s expense) including the provision of prompt access to any relevant premises, officers, employees, contractors or agents of the Customer.
12.2 The Supplier's obligations under clause 12.1 shall not apply to Services modified or used by the Customer other than in accordance with the Contract or the Supplier’s instructions. The Customer shall indemnify the Supplier against all losses, damages, liability, costs and expenses (including reasonable legal fees) incurred by the Supplier in connection with any claim arising from such modification or use.
13. Confidentiality
13.1 Both parties shall keep confidential all Confidential Information of the other party and shall only use the same as required to perform the Contract. The provisions of this clause shall not apply to:
13.1.1 any information which was in the public domain at the date of the Contract;
13.1.2 any information which comes into the public domain subsequently other than as a consequence of any breach of the Contract;
13.1.3 any information which is independently developed by a party without using information supplied by the other party; or
13.1.4 any disclosure required by law or a regulatory authority or otherwise by the provisions of the Contract.
13.2 This clause shall remain in force in perpetuity.
14. No partnership or agency
The parties are independent persons and are not partners, principal and agent or employer and employee and the Contract does not establish any joint venture, trust, fiduciary or other relationship between them, other than the contractual relationship expressly provided for in it. None of the parties shall have, nor shall represent that they have, any authority to make any commitments on the other party’s behalf.
15. Severance
15.1 If any provision of the Contract (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforcability of any other provision of the Contract shall not be affected.
15.2 If any provision of the Contract (or part of any provision) is or becomes illegal, invalid or unenforceable but would be legal, valid and enforceable if some part of it was deleted or modified, the provision or part-provision in question shall apply with such deletions or modifications as may be necessary to make the provision legal, valid and enforceable. In the event of such deletion or modification, the parties shall negotiate in good faith in order to agree the terms of a mutually acceptable alternative provision.
16. Third party rights
A person who is not a party to the Contract shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of the provisions of the Contract.
17. 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.
18. Jurisdiction
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).