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General Terms and Conditions

1. Introduction

1.1. These Terms and Conditions (“Terms”) along with our privacy notice and disclaimer, available at www.essexfloatingsoundbath.com (the “Website”) set out the basis on which you may access and use our Website and/or our associated social media channels and confirm the basis on which we supply any goods or services shown or described on our Website (“Products”) to you. When you access, visit or use our Website your use constitutes acceptance to these Terms. If you do not intend to be bound by them then you should not visit our Website or purchase any of our Products.

1.2. For the purposes of these Terms, the definition of Website shall include our other online platforms or social media channels.

1.3. We reserve the right to make changes to these Terms at any time. All changes will be posted on our Website and you will be responsible for regularly checking for any updates. Your first use of our Website following any changes constitutes your acceptance of the updated Terms therefore please review these Terms regularly to keep informed of any changes.

1.4. If you purchase a particular item or service then you may be asked to agree to separate Terms and Conditions which are specific to that item or service. Should a dispute or conflict arise then any separate terms that are agreed will take priority over these general terms and conditions.

2. Accessing our Website

2.1. Our Website is intended for individuals over the age of 18. If you are under 18, or you do not have the mental capacity to understand and accept these Terms and Conditions, then you should not access or use our Website.

2.2. Access to our Website is provided free of charge on an ‘as available’ basis and we shall not be liable if you are unable to use or access it for any reason.

3. Information contained on our Website

3.1. Our Website is intended to provide you with information, resources, support and guidance. Unless we state otherwise, the information we provide is intended for general access and information only which means it is not personal to you and should not be taken or relied upon as advice, guidance or information personal to your own situation or circumstances. If you choose to make a decision based upon information from our Website you do so at your own risk. We do not accept liability for any direct, special, indirect or consequential damages, or any other damages of whatsoever kind arising from use or loss of use, data, profits, reputation or goodwill or any such anticipated losses whether arising in contract, negligence or other tortious action due to or connected with your use of our Website or any information obtained either directly or indirectly from our Website.

3.2. Whilst we shall use our reasonable efforts to ensure that any information, we provide through our Website is accurate at the time it was included, occasionally there may be inadvertent errors for which we apologise.

4. What you agree when you purchase any of our goods or services (referred to here as “Products’)

4.1. Outcomes and results from your use of or engagement with our Products can vary and are not guaranteed. You accept and understand that we are unable to guarantee that you will achieve the result you desire or any particular outcome from any Product..

4.2. Where you seek specific medical or therapeutic advice or support then you should contact a suitably qualified professional.

4.3. At all times during your access to and use of our Products, you shall remain fully responsible for your own health and well-being. Our Products are not a replacement for any existing medical treatment that you are undergoing or may require. You agree that should you have any concerns concerning your health, diet, medication or any medical conditions that you will seek the advice of your qualified medical practitioner before using or accessing any of our Products.

Purchases made through this Website

5.1. When you place an order to purchase any of our Products, (“Order”) you are confirming that you are over 18, that you are legally capable of entering into a legally binding contract and that all information you provide to us is true and accurate.

5.2. Your Order is a contractual offer that we may choose to accept. After placing your Order, you will receive an acknowledgment email which confirms your Order details.

5.3. Our acknowledgment email is not acceptance of your Order. Your Order will only be accepted when we are satisfied that the details of the Product are correct, that payment has been approved and that we are able to fulfil your Order.

5.4. If your Order is not accepted we will notify you by email and provide a full refund.

5.5. We will confirm acceptance of your Order and our legally binding contract (“Contract”) by sending a confirmation email.

5.6. If your purchase includes digital content or other content available for immediate access or download, then by completing your Order you accept and understand that by receiving immediate access to that digital content that you will lose your right to cancel your Contract other than as set out within these Terms.

5.7. All images shown on our Website are for illustrative purposes only and any sizes or dimensions are approximate. We accept no liability for colours not matching the colour displayed on your viewing monitor.

5.8. In the event it comes to our attention that a Product on our Website is incorrectly priced, where the correct price is lower than the price shown on our Website, we shall charge the lower amount. Where the item’s correct price is higher than the price shown on the Website, we shall contact you to ask whether you wish to proceed with the purchase at the correct, higher price, or we shall reject your Order and notify you that your Order has been rejected.

5.9. Where a pricing error exists, and that error is obvious, unmistakable and could have been reasonably recognised by you then we shall have no liability or obligation to provide the Product to you at the lower, incorrect price.

5.10. Where we offer a discount or other promotional offer or code then these will be subject to individual terms and conditions.

5.11. Any Products offered for sale through our Website are to be accessed or used as described on the Website and on the basis of these Terms or any separate Terms and Conditions that apply to that particular Product.

5.12. We warrant that our Products are of satisfactory quality and reasonably fit for the purposes in which they are intended to be used as described on the Website.

5.13. Save for the warranty set out above, all warranties and representations are excluded to the fullest extent of the law.

5.14. Sharing, re-selling or distribution of any of our Products without our express consent in writing is prohibited.

5.15. Your Contract will be between you and us. You cannot transfer your rights and obligations under these Terms without our written approval and no third party shall have any right to enforce any of these Terms.

Your rights as a consumer

6.1. Where you purchase any Products from us as a Consumer then you have a right to cancel your Contract and receive a full refund within 14 days starting from the day after we send our confirmation email.

6.2. As a consumer, should you wish to cancel your Contract within the 14-day period then you must notify us in writing by email to anita@essexfloatingsoundbath.com.

6.3. When cancelling in accordance with clause 6.1 above, where your purchase includes a physical product, you will be responsible for returning it to us in the same condition it was supplied to you and you will be responsible for all costs of returning it to us. We shall only process a refund due to you once we safely receive your returned Product in an unused and undamaged condition.

Payment and Charges

8.1. The purchase price of all Products will be as shown on our Website and your payment checkout page at the time of purchase (“the Fee”).

8.2. Time for payment of the Fee shall be of the essence and shall be made without deduction, set off, or any form of withholding except as is required by law and we must receive cleared payment before you are entitled to access any Product.

8.3. If you choose to pay the Fee by credit or debit card, then you authorise us to charge your payment method. If it is rejected, or fails, but you’ve still received access to the Product, you agree to provide full payment of the Fee within 7 days from access to the Product being provided.
8.4. We reserve the right to change our Fees at any time. Any changes will not affect the price of any Product where payment has already been made.

Refund Policy

9.1. No refund policy shall apply to your purchase of a Product, save where a fault is found to exist with any Product or where the circumstances in clause 6.1 above, apply.

9.2. For consumer purchases only, refunds will only be offered where notice of cancellation is provided within 14 days following receipt of the confirmation email. Once the 14-day period following the date of our confirmation email has passed, no refunds shall be provided.

9.3. In light of our refund policy, no chargeback or threatened chargeback claims from your debit or credit card provider will be accepted by us. If you have any concerns with your Product, then you agree to notify us in accordance with these Terms. If you choose to pursue a chargeback claim without first contacting us then you accept that such action shall constitute a breach of these Terms and you shall be responsible for the repayment of any charges, costs or fees imposed on us by your debit or credit provider or our merchant service provider as a result of your actions, along with our reasonable costs for dealing with the matter calculated at a rate of £60 an hour.

9.4. Where you discover a fault with any Productthen please let us know immediately by email to anita@essexflaotingsoundbath.com. We will arrange for return of your Product (where applicable) and use our best endeavours to remedy the fault. If we are unable to fix or resolve the issue then you may be entitled to a full or partial refund. We will not be liable where there is a fault and we have provided you with an update or instructions which you have failed to follow or implement.

Complaints or Concerns

10.1. If you have any concerns about our Website or any of our Products, you agree to let us know by email to anita@essexfloatingsoundbath.com and give us a reasonable amount of time to investigate and resolve your concerns before you take any further action. For the purposes of this clause further action includes stopping payment or making any chargeback or similar claims.

10.2. If you experience a fault or other issue with any of our Products please follow the steps in clause 9.4, above.. For further information concerning your rights as a consumer please contact your local Citizens Advice Bureau.

Confidentiality

11.1. The protection of confidentiality is very important to us. If in connection with your purchase of or use of any of our Products you disclose Confidential Information to us, we agree not to communicate or disclose it, make it available to others, or use it for our own purposes without your consent.

11.2. Where we disclose Confidential Information to you, then you acknowledge and agree that the Confidential Information belongs solely and exclusively to us and that you will not share it or use it in any way other than in discussions as intended as part of your use of the Product.

11.3. For the purposes of these Terms, Confidential Information shall mean ideas, know-how, business practices (where applicable), customer or client details, concepts and techniques, plans, trade secrets, personal information and other confidential and/or proprietary information (“Confidential Information”). It excludes any information that was already known to us before you provided it, or where it was already in the public domain, created by us, or provided to us separately by someone else without any breach of these Terms.

11.4. Our obligations shall not apply where it is necessary for us to disclose in connection with legal proceedings, prospective legal proceedings, to allow us to obtain legal advice, where we have been directed to do so by a court or other body of equivalent jurisdiction or where we reasonably believe you are at risk of danger to yourself or others.

Our Intellectual Property

12.1. All content displayed on our Website and on or within our social media channels, which includes, but is not limited to, website design and layout, text, images, logos and graphics, video, data, code, audio, document files, software and any other resources and information (“Content”) belongs to us and all copyright, moral ownership and any other intellectual property rights that arise and/or exist within that Content (and any and all derivatives of it) is owned exclusively by or licensed to us and is protected by intellectual property laws applicable to the United Kingdom. When you access or use our Website you agree not to copy, reproduce, amend, repost, share, publish, distribute, rent, sell or store any of our Content or assist others in carrying out any such activities without our express written permission.

12.2. Where any Content contains intellectual property belonging to a third party, its use will be subject to that third party’s terms and you shall be responsible for seeking consent to use it from that third party. Nothing contained within these Terms shall be construed as any form of implied or express licence or other form of use of that party’s intellectual property and we shall not be liable to you in respect of your use or attempted use of any Content that contains material belonging to a third party.

12.3. When you purchase our Products, you agree and undertake that from the date of purchase that you WILL NOT infringe any of our copyrights, patents, trademarks, trade secrets or other intellectual property rights.

12.4. In the event of your breach of these obligations then damages, loss, or irreparable harm may arise and, in such circumstances, we shall be entitled to seek relief, including injunctive relief against you.

12.5. The provisions above shall continue in force notwithstanding termination for any reason.

Your Personal Data and how we use it

13.1. Personal data in these Terms means any information which is capable of capable of identifying another individual, as further defined within the General Data Protection Regulation 2016/679 (“GDPR”).

13.2. Any Personal Data you provide to us during your use of our Website or social media channels or when purchasing or accessing our Products will be maintained, stored, accessed and processed in accordance with recognised data protection laws and legislation including the GDPR. We shall only process your Personal Data to the extent reasonably required to enable proper delivery of the Website or our Products or to comply with any necessary obligations and shall retain it only for as long as reasonably necessary and to comply with any legal or regulatory requirements. For full details of how we process, use, collect and store your Personal Data please refer to our privacy notice which can be found at www.essesxfloatingsoundbath.com

Acceptable Use of our Website

14.1. You may only use and access our Website in a way which is lawful and in accordance with these Terms and in particular:

14.1.1. you must ensure that you comply fully with any applicable local, national and international laws, guidance and regulation;

14.1.2. you must not use any part of our Website in a way which is unlawful and/ or fraudulent;

14.1.3. you must not use our Website to transmit data that contain any form of virus, malicious software or code which is designed to cause damage or could have an adverse effect on any computer hardware or software;

14.1.4. you must not use our Website in any way that will, or is intended to, cause upset, distress or harm to any individual in any way;

14.1.5. you must not try to gain unauthorised access to our Website or any computer hardware or software connected to our Website;

14.1.6. you must not use our Website or any of its content for any commercial purposes or benefits without first obtaining our express written permission or licence if applicable;

14.1.7. you must not use our Website for any purposes which are unlawful, would cause harm or distress to another person, or would cause damage to our business or reputation.

14.2. You are permitted:

14.2.1. to view the Website in a web browser;

14.2.2. to download or print any free resources which are explicitly marked suitable for download;

14.2.3. to download the Website or parts of it for caching;

14.2.4. to post to our Website or social media channels where such posting is permitted. In such cases, posting shall include but not be limited to, posting your original content, commenting on posts or in response to emails, commenting on social media live streams or videos. Where you choose to post any information on our Website or social media channels you are representing that you are at least 18 years of age. We shall not be responsible for reviewing or confirming the accuracy of any content posted by you.

14.3. Where we offer a free resource on or through our Website, whether this is offered as a free gift or in exchange for your personal information, by viewing or downloading that free resource you accept and understand that it is only to be used for your own personal benefit and should not be copied, altered, distributed or otherwise shared.

14.4. Where you choose to post as set out above, you agree that you will not post any content or information which could cause damage, harm, upset or distress to another user of our Website or that may cause damage to our business or reputation. In the event it is determined that you have posted any content or information in breach of this sub-clause then we reserve the right to remove such content immediately, to terminate your access to our Website and to take such action as is necessary to the full extent of the law;

14.5. Where you choose to post any content or information as set out above you are also providing us with a full and unlimited, non-exclusive and unrestrictive world-wide licence to use, copy, publish, distribute and sell the content you post in whole or in part. By posting you are agreeing to waive your intellectual property rights in relation to the content you post. We are under no obligation to identify you or otherwise credit you as the author of any content which you post and which we may choose to use.

14.6. We reserve the right to suspend or terminate your access to our Website where we determine that you are in material breach of this clause or any other conditions contained within these Terms. We further reserve the right to disclose your identity to any relevant third party and to take legal proceedings against you for reimbursement of any costs we incur as a result of your breach.

14.7. Our Website may contain links to other websites. We are not responsible for these websites and they are not under our control. We have no knowledge of the privacy policies and practices of those sites, their site content, or whether cookies or other tracking devices are used and therefore we do not accept responsibility for, nor any liability in connection with, these third-party websites. If you have any concerns regarding the privacy of your information you should ensure you are aware of the privacy policies and terms of use of those sites before accessing them or disclosing any personal information.

14.8. You may link to our Website provided the following conditions are met:

14.8.1. You have obtained our written permission;

14.8.2. the link is undertaken in a fair manner;

14.8.3. the link is owned by you;

14.8.4. the link is not unlawful and does not damage our reputation or seek to take advantage of it;

14.8.5. the link does not suggest or imply any form of association, partnership, approval or endorsement on our part where none exists; and

14.8.6. you do not use any images, logos, trademarks, branding details or other content displayed on our Website without our express written permission.

14.9. We reserve the right to withdraw our permission to allow links to our Website at any time and for any reason. In the event that we exercise our discretion to withdraw such permission then, upon request, you agree to immediately remove any links to our Website.

Events outside of our control

15.1. We shall not be responsible for any failure to perform, or a delay in the performance of any of our obligations under these Terms should we be prevented or delayed due to any act, event, omission or accident beyond our reasonable control (“Events”), including but not limited to any of the following: an act of god (which shall include but not be limited to fire, flood, earthquake, windstorm or other natural disaster), extreme adverse weather conditions, disease, epidemic or pandemic, strike, industrial action, lock out, lockdown, war or threat or preparation for war, civil war, civil commotion, riot, armed conflict, imposition of sanctions, embargo, terrorist attack, nuclear, chemical or biological contamination or sonic boom, explosion, delays in transit, malicious or accidental damage, collapse of building structures or failure of plant or machinery, loss at sea, any act or omission of a telecommunications officer or third party supplier of services, or any other circumstances beyond our control.

15.2. Should an Event arise which affects our performance then:

15.2.1. we shall contact you as soon as possible; and

15.2.2. the time for performance under our contract and our obligations under these Terms will be suspended for the duration that the Event continues; and

15.2.3. if your delivery date is affected by an Event then we shall contact you with an updated delivery date once the Event is over.

All refunds will be considered in accordance with our refunds policy set out above.

Reviews and Testimonials

17.1. If you share testimonials, reviews, comments, information, graphics or images (“Client Content”) with us you are granting to us, free of charge, permission to exhibit, copy, publish, distribute, use on our website or any of our pages, our social media sites or in our advertising and marketing campaigns or email communications, that Client Content in any way as we reasonably require within our business or to lawfully promote our business. You can amend your consent at any time by emailing us.

17.2. When sharing Client Content you confirm that you have the legal right to share it and that it doesn’t infringe any third party’s intellectual property or other rights.

17.3. These provisions shall survive termination.

Liability

18.1. Your use of our Website and/or any purchase of our Products and your compliance with these Terms does not constitute or imply any business relationship other than as set out within these Terms.

18.2. We shall not be liable (whether caused by us, our agents, employees or otherwise) to you for:

18.2.1. any indirect, consequential or special damages, losses or costs;

18.2.2. any loss of profits, business, data, reputation or goodwill or any such anticipated losses;

18.2.3. any failure to deliver our Products where we are prevented due to a reason beyond our reasonable control; or

18.2.4. any losses arising from your choice of Product requested or your use of a Product once delivered or accessed.

18.2.5. Any losses or damages arising from your use of our Website or the use or reliance upon any Content or other information found on our Website.

18.3. We do not warrant or guarantee that your access to our Products will be:

18.3.1. accessible via your particular hardware or software;

18.3.2. free from interruptions or errors;

18.3.3. free from defects;

18.3.4. suitable for your particular personal situation or circumstances.

18.4. Should you incur damages due to our default or breach, our entire liability is limited to the amount of the relevant purchase Fee paid by you at the time loss is sustained. You agree and acknowledge that this term is fair and reasonable given the nature of this arrangement and the provision of the Products.

18.5. Nothing in these Terms shall limit or exclude our liability for death or personal injury caused by our negligence or for any fraudulent misrepresentation or limit your legal rights as a consumer (where applicable). If you are a consumer and you’d like further information concerning your legal rights please contact your local Citizens Advice Bureau.

18.6. Our Website and any systems and processes used to deliver our Products are provided on an ‘as-is’ and ‘as available’ basis. We shall not be liable for any lack of accessibility to the Products caused by changes, amendments or routine or unexpected maintenance.

18.7. We shall exercise reasonable care and skill to ensure that our Website is free from viruses and any other malicious software. We accept no liability for any loss or damage resulting from a virus or other malicious software or any other event occurring that causes damage to your hardware, software, or any of your data which arises as a result of your use or access to our Website.

18.8. Our Website may contain links to other websites. We are not responsible for these websites and they are not under our control. We have no knowledge of the privacy policies and practices of those sites, their site content, or whether cookies or other tracking devices are used and therefore we do not accept responsibility for, nor any liability in connection with, these third-party websites. If you have any concerns regarding the privacy of your information you should ensure you are aware of the privacy policies and terms of use of those sites before accessing them or disclosing any personal information.

18.9. We shall not be liable where we’ve informed you of a problem with a Product and provided a free update and you’ve failed to apply the update, or where any damage is caused due to your failure to follow any instructions or guidance we provide.

18.10. You agree to indemnify and hold us harmless for any action taken against us due to your violation or disregard of:

18.10.1. any of these Terms;

18.10.2. your use or participation in any way in any way with a Product.

18.11. During the term of your access to our Products, and at any time thereafter, you agree to take no action which is intended, or would reasonably be expected, to harm us, our agents, employees, contractors, or Clients, or our or their reputation or which would reasonably be expected to lead to unwanted or unfavourable publicity to us, our agents, employees, contractors, or Clients.

18.12. In the event a dispute arises in connection with the provision of the Products which is incapable of being resolved by mutual consent then we both agree to submit the matter for mediation by an independent mediator. In the event a resolution is still not possible following mediation then either of us shall be at liberty to commence legal action.

No Guarantee

19.1. We do not guarantee the success or any results from you purchasing our Products since this is dependent on factors which are outside of our control and we regret that we are not able to guarantee that any particular results or success will be achieved.

19.2. We have made every effort to accurately represent our Products. Any testimonials and/or examples of results experienced are not intended to represent or guarantee that anyone will achieve the same or similar results.

19.3. All information provided on our Website is provided for general information purposes only. Nothing on our Website constitutes advice and should not be taken or interpreted as such. It is your responsibility to ensure and check that any Content or any Products available on or through our Website satisfy your specific expectations or requirements.

19.4. We make no warranty, guarantee or representation that the Website or any Content is:

19.4.1. accurate, up to date or free from any errors or inaccuracies;

19.4.2. accessible and/or compatible with your hardware and software;

19.4.3. not capable of infringing any third-party rights; or

19.4.4. suitable to meet your required expectations or needs.

19.5. Where we use testimonials or feedback from our customers and/or clients on our Website this content is not to be taken as a guarantee that any current or future customers or clients will receive the same benefits or results. Testimonials are included on the Website purely as an example of the experiences other individuals have encountered in connection with our products or services.

Contact between us

20.1. Anita Denise t/as Essex Floating Soundbaths is registered in England and Wales

20.2. All communication between us will be via telephone or email as agreed.

20.3. We will communicate with you via telephone or email as agreed using the details you provide to us so please ensure you notify us if they change.

20.4. If you need to provide us with any notice, or you wish to contact us please email us at anita@essexfloatingsoundbath.com

Updates or changes to our Products or Terms and Conditions

21.1. We reserve to make changes to these Terms at any time and we will display a notice of any changes on our Website. It shall be your responsibility to check for any updates. Your first use of our Website after the date of any alterations or amendments will constitute acceptance of such changes therefore, we recommend you review these Terms regularly to keep informed of any changes.

21.2. We reserve the right to make changes to our Products, in whole or part, as we reasonably require without notice to you. If we make changes, we will ensure the Product still matches the original description or we will offer a reasonable alternative, except where the change enhances the original description. We shall not be liable for any reasonable changes or cancellations that are made to the Products.

General

22.1. No failure to actively enforce any provision of these Terms shall constitute a waiver, diminution or limitation of any right.

22.2. Where any part of these Terms is deemed invalid or unenforceable for any reason then that provision shall be struck out and the remaining provisions shall remain valid and enforceable.

22.3. This Agreement shall be governed by the exclusive jurisdiction of the Courts of England and Wales and the laws from time to time in force.

22.4. You agree that no other representations have been made by us to induce you into purchasing any of our Services and no modification or variation to these Terms shall be effective unless agreed in writing.

22.5. Save as provided for in clause 18.11 the Contracts (Rights of Third Parties) Act 1999 shall not apply.

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