Terms of service

Louise Philpott trading as Saunapod Studio of The Mill Yard, College Hill, Penryn, TR10 8LG operating www.saunspodstudio.co.uk (the ‘Site’) (herein referred to as ‘We’ or ‘Us’ or ‘Our’) set out the following terms and conditions which govern the booking of a service by a customer (‘Customer’ or ‘You’ or ‘Your’) and the performance of that service by Us.

Our Agreement with You is made up of the Booking Form you fill out on the Site when You make a Booking, these Terms (and Our consent-to-treatment consultation forms that you fill out – Customer Consultation Information) and Our Privacy Statement in addition to Our Cookie Policy, Website Information Disclaimer and Website Terms of Use (regarding Your use of the Site (which are all incorporated herein by reference as applicable) (collectively called the ‘Agreement’)

 

1. DEFINITIONS 

The definitions to be read with these Terms are set out in full at clause 13.

 

1. OUR AGREEMENT WITH YOU

   1. These are the Terms on which We supply the Services to You. 

   2. Please ensure that You read these Terms carefully, and check that Your details on all documentation is complete and accurate. If You think that there is a mistake or require any changes, please contact Us to discuss. 

   3. These Terms will become binding on You and Us when We accept a Booking from You and undertake the Services.

   4. We reserve the right to refuse to accept a Booking or undertake the Services to anyone for any reason at any time.

 

1. PROVIDING SERVICES

   1. Via Your use of the Booking system on Our Site, We will agree the date and time of each Booking with You in advance.

   2. Sessions will normally take place at our usual place of business unless We agree otherwise with You which is [insert].

   3. A Service Package is valid for the time periods set out in the Booking Form (‘Package Validity Window’). In accordance with clause 9.2, there are no refunds for Sessions that form part of a Service Package where there has been no-show on the agreed date(s) within or outside of the Package Validity Window (as applicable).

   4. If You do not pay Us for the Services when You are supposed to as set out in clause 6.2, We may suspend the Services with immediate effect until You have paid Us the outstanding amounts.  We will contact You to tell You this. This does not affect Our right to charge You interest under clause 6.2. 

   5. You acknowledge that due to the nature of the Services, We are unable to guarantee the success of the Services and We are unable to diagnose and cure any condition You may suffer from however, We aim to provide You with an excellent level of service which is positive and beneficial. See Our Website Information Disclaimer for more information on how You should/ should not regard Our Services and when You should contact Us.

   6. In the event that We run multiple discount offers for the same or different Services, one offer cannot be used in conjunction with any other offer and We reserve the right to change or discontinue any offer or Service at any time with no liability to You nor obligation to provide You with notice.

 

1. IF THERE IS PROBLEM WITH THE SERVICES

   1. In the unlikely event that there is any problem with the Services:

      1. please contact Us and tell Us as soon as reasonably possible; and

      2. please give Us a reasonable opportunity to provide a solution.

   2. As a consumer, You have legal rights in relation to Services not carried out with reasonable skill and care, or if the products We use are faulty or not as described. Advice about Your legal rights is available from Your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.

 

1. YOUR OBLIGATIONS

   1. You confirm the following:

      1. You are not suffering from any diagnosed psychiatric condition, or epilepsy and are not under the supervision of a psychiatrist;

      2. You have provided the correct name and full practice address and telephone number of Your GP and authorise Us to contact the GP if We regard it as essential for either Your wellbeing or that of others; and,

      3. You will take part in all Sessions free from the influence of either alcohol or drugs and will provide a list of any prescription medicines You are currently taking; and,

      4. You agree that where You pay for the Services using the card details of a third party, You will do so only where You have that person’s express authorisation. You will be liable to Us for any losses or damages that We may incur due to Your failure to obtain such consent.

   2. Before booking Your infrared Session, please email Us direct at hello@saunapodstudio.co.uk if You have any chronic conditions, including heart problems or surgical implants of any kind. Where one treatment is deemed by Us to be unsuitable for You, We may be able to offer You an alternative treatment.

 

1. OUR FEES AND PAYMENT

   1. Our Fees are referred to in the Booking process and depend on the Services selected. 

   2. We will charge the Fees to the debit or credit card which You provide to Us for payment.  

   3. If You do not make any payment due to Us by the due date for payment or if We are unable to receive payment for the amounts due from the card You provide to Us, We may charge interest to You on the overdue amount at the rate of 3% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment.  You must pay Us interest together with any overdue amount. 

 

1. OUR LIABILITY TO YOU

   1. If We fail to comply with these Terms, We are responsible for loss or damage You suffer that is a foreseeable result of Our breach of the Terms or Our negligence, but We are not responsible for any loss or damage that is not foreseeable.  Loss or damage is foreseeable if it is an obvious consequence of Our breach or if it was contemplated by You and Us at the time We entered into this Agreement. 

   2. We do not exclude or limit in any way Our liability for:

1. death or personal injury caused by Our negligence or that of Our servants, agents or employees;

2. fraud or fraudulent misrepresentation;

3. any breach of the relevant terms implied by the Consumer Rights Act 2015.

1. We do not accept liability (except as set out below) for any errors and/or omissions contained in Your Booking Form which has been submitted by You.

2. Subject to clause 7.2, Our total maximum liability in aggregate arising under or in connection with this Agreement, whether in contract, tort (including negligence), breach of statutory duty or otherwise shall not exceed an amount equivalent to the total of the Fees earned by and paid to Us in respect of the relevant Service(s) rendered which have given rise to Your claim.

3. We shall not be in breach of any of Our obligations under this Agreement which arise or occur due to Your act, omission or default or Your failure to comply with any of Your obligations under this Agreement including Your failure to follow any reasonable instructions given by Us.

4. We shall maintain sufficient insurance cover to meet Our liabilities under this Agreement.

 

1. EVENTS OUTSIDE OUR CONTROL

   1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control. 

   2. If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms: 

      1. We will contact You as soon as reasonably possible to notify You; and

      2. Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control.  Where the Event Outside Our Control affects Our performance of Services to You, We will restart the Services as soon as reasonably possible after the Event Outside Our Control is over.

   3. You may cancel the Agreement if an Event Outside Our Control takes place and You no longer wish Us to provide the Services.  

 

1. YOUR RIGHT TO CANCEL AND APPLICABLE REFUND

   1. Before We begin to provide the Services, You have the following rights to cancel the Booking, including where You choose to cancel because We are affected by an Event Outside Our Control:

      1. You may cancel any Booking for Services within the Cancellation Period by contacting Us. We will confirm Your cancellation in writing or verbally to You; and,

      2. if You cancel a Booking under clause 9.1(a) and You have made any payment in advance for Services that have not been provided to You, We will refund these amounts provided that You cancel within the Package Validity Window where Your cancellation relates to a Service Package. 

   2. If You have requested that We start the Services during the Cancellation Period and You cancel a Booking for Services under clause 9.1(a) We will charge You for any Session provided to You calculated on a pro-rated basis. Subject to clause 3.3 and for the avoidance of doubt, where Your Booking is for a Service Package and You choose to cancel one or more Sessions after You have already received at least one (1) Session, You will be charged what the full non-discounted Fee would have been if You had purchased the Session(s) that You have already taken at the Single Service price instead. This charge will be deducted from any refund that is due to You or, if no refund is due to You, it shall become immediately due for payment.

   3. For the avoidance of doubt, no refunds shall be made for no-show to Sessions. 

   4. Should You wish to change Your Booking date and/or time, please provide Us with at least 24 hours’ notice. You can cancel or amend Your Booking using our online Booking system or by calling Us on 07825 868059  or emailing us at hello@saunapodstudio.co.uk 

 

1. OUR RIGHTS TO CANCEL AND APPLICABLE REFUND

   1. We may have to cancel a Booking before the start date for the Services due to an Event Outside Our Control.  If this happens:

      1. We will promptly contact You to let You know; and

      2. if You have made any payment in advance for Services that have not been provided to You, We will refund these amounts to You.

   2. Once We have begun to provide the Services to You, We may cancel the Services at any time. If You have made any payment in advance for Services that have not been provided to You, We will refund these amounts to You. 

   3. We may cancel the Services at any time with immediate effect if You do not pay Us when You are supposed to as set out in clause 6 and referred to in the Booking process. This does not affect Our right to charge You interest under clause 6.3.

2. OUR COLLECTION AND USE OF YOUR PERSONAL DATA

   1. All Personal Data that We may collect (including, but not limited to, Your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Legislation and Your rights thereunder. We may use Your Personal Data to:

1. Provide the Services to You;

2. Process Your payment of Fees for the Services as applicable;

3. Inform You of new products and services available from Us. You may request that We stop sending You this information at any time in accordance with Our Privacy Statement.

1. OTHER IMPORTANT TERMS

   1. We may transfer Our rights and obligations under these Terms to another organisation, and We will always notify You in writing if this happens, but this will not affect Your rights or Our obligations under these Terms.

   2. This Agreement is between You and Us. No other person shall have any rights to enforce any of its terms. 

 

1. 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.

2. If We fail to insist that You perform any of Your obligations under these Terms, or if We do not enforce Our rights against You, or if We delay in doing so, that will not mean that We have waived Our rights against You and will not mean that You do not have to comply with those obligations. If We do waive a default by You, We will only do so in writing, and that will not mean that We will automatically waive any later default by You. 

3. These Terms are governed by English law. You and We both agree to submit to the exclusive jurisdiction of the English courts.

 

1. DEFINITIONS 

   1. When the following words with capital letters are used in these Terms, this is what they will mean:

 

Booking: refers to Your order for one or more of the Services as detailed in the Booking Form.

Booking Form: refers to Your Booking for the Services as documented and submitted via the Site.

Cancellation Period: fourteen (14) days following the date You place a Booking with Us.

Customer Consultation Form: refers to the form You fill out prior to undergoing a first Session with Us to enable Us to assess Your suitability for the Session(s) which will inform Us about Your medical history including all known allergies or prescription drugs or products being used by You and will include consent-to-treatment provisions.

Data Protection Legislation: means, as applicable to either Party:

1. the General Data Protection Regulation 27 April 2016;

2. the Data Protection Act 2018;

3. the Privacy and Electronic Communications (EC Directive) Regulations 2003;

4. any other applicable law relating to the Processing, privacy and/or use of Personal Data, as applicable to either Party;

5. any laws which implement any such laws; and,

6. any laws that replace, extend, re-enact, consolidate or amend any of the foregoing.

Event Outside Our Control: any act or event beyond Our reasonable control.

Fees: as set out on the Site.

Package Validity Window: refers to the length of time You have to use the Sessions comprised in a Service Package as referred to in clause 3.3.

Personal Data: as defined in the applicable Data Protection Legislation.

Service(s): refers to one or more of the Service Package(s) and/ or the Single Service(s).

Service Package(s): refers to a package of Services as opposed to a Single Service which You have selected in the Booking Form.

Session: refers to one session of the length referred to in the Booking Form.

Single Service(s): refers to a single isolated service as opposed to a Service Package.

Terms: the terms and conditions set out in this document.