Terms of Reference   

 

Louise Iredale T/As Serenity Wellbeing Gardens (“us”, “we” or “our”)   

Using our Services (the “Service”, “our services”) 

 

Terms & Conditions   

 

This page (together with our Privacy Policy and Cookies Policy tells you information about us and the legal terms and conditions (T&Cs) relating to the website www.serenitywellbeinggardens.co.uk and your use of such, as well as the services of Serenity Wellbeing Gardens and services available on the Site.   

 

The T&Cs will apply to any Contract between us for the supply of services to you (Contract). Please read the T&Cs carefully and make sure that you understand them, before ordering any Service. If you refuse to accept the T&Cs, you will not be able to order any Services from us and must not use the Site.   

 

We amend the T&Cs from time to time. Every time you wish to order/ use our Services, please check the T&Cs to ensure you understand the T&Cs which will apply at that time. T&Cs were most recently updated on 31st October 2022.   

The T&Cs, and any Contract between us, are only in the English language.   

 

Information About Us   

 

  • Louise Iredale T/As Serenity Wellbeing Gardens is the owner and operator of www.serenitywellbeinggardens.co.uk (our website) and any applications and/or digital channels provided by us for the purpose of accessing our website, digital media, or other services.   

 

Our Services   

2.1 All services and advice giving is based on the information we are given by you the customer.  

2.2 We use our reasonable endeavours to make sure that every Service is shown accurately on the Site and that prices are correct. However, occasionally there will be small, customised variations in service for each customer covered by the Service Agreement (SA).  

 

How We Use Your Personal Information   

3.1 We only use your personal information in accordance with our Privacy Policy listed on our website. Please take the time to read these as they include important T&Cs which apply to you.   

 

About You   

 

4.1 You may only purchase Services if you are at least 18 years old.   

 

How The Contract Is Formed Between You and Us   

 

5.1 Our website will guide you through the steps you need to contact us regarding our services. 

5.2 We will arrange a consultation to establish your exact requirements.  

5.3 We will then produce a separate Service Agreement (SA) listing your customised service. 

5.4 We will request confirmation that the SA is correct and that you are happy to proceed with our services. The SA will be considered a monthly rolling Contract with 1 month’s notice to cancellation, or alternatively, the specific duration will be detailed within the SA.

5.5 Any variations in the SA will require additional confirmation (5.4). 

5.6 We require a minimum of one month’s notice for changes or cancellations of services. Any changes or cancellations with less than one month’s notice will be charged. 

 

Our right to vary the T&Cs   

 

6.1 We amend our T&Cs from time to time. Our website will always list our latest version.  

 

Your Consumer right of return and refund  

 

7.1 You have a legal right to cancel a Contract.  

7.2 Your legal right to cancel a Contract starts from the date of your cancellation email confirmation.  

7.3 To cancel a Contract please email louiseiredale@serenitywellbeinggardens.com

7.4 The notice period for cancellations is 1 month.  

 

Price of Services  

 

8.1 The prices of the services will be as quoted on our SA. We take reasonable care to ensure that the prices of services are correct at the time. 

8.2. We are not VAT registered.   

8.3. All efforts are taken to ensure correct pricing on our SA, if for any reason there are changes to service pricing, we will contact you before starting the service.   

 

How To Pay   

 

9.1 We will invoice you.   

9.2 Payment is required 14 days after the invoice date. 

 

Our Liability   

 

10.1. Whilst we have taken all reasonable steps to ensure the accuracy and completeness of the information on this Site and the SA, it is provided on an “as is” basis and to the best of our knowledge and understanding of your requirements. Further, no warranty is given that the Site shall be available on an uninterrupted basis, and no liability can be accepted in respect of losses or damages arising out of such unavailability.   

10.2. Access to and use of this Site is at your own risk. We do not warrant that the use of this Site or any material downloaded from it will not cause damage to any property, including but not limited to loss of data or computer virus infection. We give no warranty regarding the functionality of the Site including without limitation that it will be available on an uninterrupted or error free basis; or that defects will be corrected; and no liability can be accepted in respect of losses or damages arising out of such.   

10.3. Our aggregate liability in respect of all causes of action arising out of or in connection with the Service(s) or in connection with your use of the Site (whether for breach of Contract, in negligence or any other, under statute or otherwise at all) will not exceed an amount equal to the price paid or payable for the relevant Service. Where the breach does not relate to a Service purchased by you our liability shall be fully excluded to the fullest extent permitted by law.   

10.4 We shall not be liable to you for any loss of profit; or loss of business; or depletion of goodwill and/or similar losses; or loss of anticipated revenue or savings (whether direct or indirect loss); or loss of Contract; or loss of use; or any special, consequential, indirect, or pure economic loss, costs, damages, charges, or expenses.   

10.5. Notwithstanding anything in the T&Cs we do not exclude liability implied by the Sale of Services Act 1982.  

 

Events Outside Our Control   

 

11.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An ‘Event Outside Our Control’ means any act or event beyond our reasonable control including adverse weather conditions.   

11.2. If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract: (a) we will contact, you as soon as reasonably possible to notify you; and (b) our obligations under a Contract 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 delivery of Services to you, we will arrange a new date with you after the Event Outside Our Control is over.   

 

Other Important T&Cs   

 

12.1 When we refer, in the T&Cs, to “in writing,” this will include e-mail.   

12.2 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under the T&Cs.   

12.3 You may only transfer your rights or your obligations under the T&Cs to another person if we agree in writing.   

12.4 This Contract is between you and us. No other person shall have any rights to enforce any of its T&Cs, whether under the Contracts (Rights of third Parties) Act 1999 or otherwise.   

12.5 Each of the paragraphs of the T&Cs operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.   

12.6 If we fail to insist that you perform any of your obligations under the T&Cs, 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. Please note that the T&Cs are governed by English law. A Contract for the purchase of Services through our Site and any dispute or claim arising out of or in connection with it will be governed by English law. Both parties agree to that the courts of England and Wales will have non-‐exclusive jurisdiction. However, if you are a resident of Northern Ireland, you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.   

 

Intellectual Property  

 

  1. All content published and made available on our Site is the property of Louise Iredale T/As Serenity Wellbeing Gardens and the Site’s creators. This includes, but is not limited to images, text, logos, documents, downloadable files, and anything that contributes to the composition of our Site. 

 

Limitation of Liability  

 

  1. Louise Iredale T/As Serenity Wellbeing Gardens, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities, and expenses including legal fees from your use of the Site. 

 

Indemnity  

 

  1. Except where prohibited by law, by using this Site you indemnify and hold harmless, Louise Iredale T/As Serenity Wellbeing Gardens, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities, and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions. 

 

Contact Us   

 

If you have any concerns about material which appears on the website, please contact Louiseiredale@serenitywellbeinggardens.com

 

COPYRIGHT © 2022 LOUISE IREDALE T/AS SERENITY WELLBEING GARDENS – ALL RIGHTS RESERVED.