Distance Sales Agreement
DISTANCE SALES AGREEMENT
In these Conditions:
i. 'Client' means the person seeking to purchase the Services from the Company;
ii. 'Company'/'We'/'Our'/'Us' / Theapist means Taner Akcakanat Company ('TA');located at Buklum sok. 69/1 Cankaya, Ankara Turkey
iii. Phone: 90 532 293 2302
iv. 'Conditions' means the conditions of sale set out in this document and any special terms and conditions agreed in writing between the Client and a Company Signatory;
v. 'Contract' means any contract between the Company and the Client for the supply and acquisition of the Services;
vi. 'Security Details' means the identifying words, codes and/or numbers agreed between You and Us that are used in the security procedure;
vii. 'Session' means the arranged appointment, during which the Therapist and Client work together to provide the requested Service;
viii. 'The Price' is the total cost of the Services in accordance with the Order;
ix. 'Therapy Day' relates to the placement of one Therapist for one day, usually within a workplace or at an event or function;
x. 'Service' means TA Service or services provided by TA; and
xi. 'Website' means www.angelsandabove.com Website operated by the Company.
The headings in these Conditions are for convenience only and shall not affect their interpretation.
1. Complementary Therapy Treatments
1. 1.1. We strongly recommend that you consult your doctor before using any complementary therapies if you have any symptoms or a diagnosed medical problem. You should ensure that it is safe to start a complementary therapy if you are already taking medication or undergoing a course of treatment.
2. 1.2. Do not cease or alter conventional treatment or medication for any reason without consulting a doctor.
3. 1.3. Always inform your doctor and complementary practitioner of any treatments, medication or remedies, both conventional and non-conventional, that you are taking or intend to take. You should ensure that it is safe to start on a new product or course of treatment if you are already taking or using a medicine, remedy or other supplement.
4. 1.4. Always inform your doctor and complementary practitioner of any symptoms, or medical problems - including mental health problems - that you are or have experienced.
5. 1.7. Consult your doctor if your symptoms persist or worsen.
6. 1.8. Some individual complementary treatments, medication or remedies, have certain cautions and contraindications, which may restrict their provision. Please consult with your therapist or healthcare professional.
2. Basis of the Sale
1. 2.1. The Company shall supply sessions shall acquire the Services in accordance with any Order request by the Client, and confirmed verbally by the Therapist and which is then later confirmed by the Company via email or telephone.
2. 2.2. No variation to these Conditions shall be binding unless agreed in writing between the Client and a TA Company Signatory.
3. 2.3. The Company reserves the right to make any changes in the specification of the Services that are required to conform with any applicable statutory or EC requirements, or which do not materially affect the nature or quality of the Services.
4. 2.4. Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice, order, bill of sale, or other document or information issued by the Company shall be subject to correction without any liability on the part of the Company.
5. 2.6. All Clients must be able under Turkish law to give legal consent to order any Service from TA. Any person unable to enter into a contract must be represented at the time of the booking, and supported during each Session by a suitable parent or guardian who is legally responsible for the Client and can answer on their behalf.
3. Orders and Specifications
1. 3.1. No Order submitted by the Client shall be deemed to have been accepted by the Company until confirmed both verbally by the Therapist at the time of the booking confirmation, and in writing from TA, with a valid booking reference and statement to provide acceptance of the Order.
2. 3.2. The Client shall be responsible to the Company for ensuring the accuracy of the terms of any Order and Information submitted by the Client, and for giving the Company any necessary Information relating to the Services within a sufficient time to enable the Company to perform the Contract in accordance with its terms.
3. 3.3. The Client shall at its own expense retain duplicate copies of Information and insure against its accidental loss or damage. The Company shall have no liability for any such loss or damage, however caused.
4. 3.4. No Order which has been accepted by the Company may be cancelled by the Client except with the agreement in writing of the Company and on condition that the Client shall indemnify the Company in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by the Company as a result of cancellation. For further information see section 6. Refunds.
1. 4.1. The Price shall be as quoted at the time of booking. It will often require the manual intervention of the Client to select the correct price from a list of prices and Services available.
2. 4.2. Any attempt by the Client to formally request a booking at a price other than the advertised rate at the time of booking, shall not deem TA liable to fulfil the Order, and may result in additional charges being made to the Client for action taken which will be advised in writing.
3. 4.3. The Company reserves the right, by giving notice to the Client, to increase the Price to reflect any change in the Client's instructions or any lack of instructions, the inaccuracy of any Information or any other cause attributable to the Client.
1. 5.1. For online individual bookings, payment card details are pre-authorised prior to any booking confirmation by Therapist.
2. 5.2. If the Client fails to make any payment on the due date then, without prejudice to any other right or remedy available to the Company, the Company shall be entitled to:
1. 5.2.1. cancel the Order or suspend any further Services to the Client;
2. 5.2.2. appropriate any payment made by the Client to such of the Services as the Company may think fit (notwithstanding any purported appropriation by the Client).
3. 5.4. The following methods are generally accepted for payments to The Therapy Agency: Mastercard, Visa, Delta, Visa Electron, .
1. 6.1. Due to the nature of the Services offered by TA, each Order is exempt from the seven day cooling off period under the Distance Selling Regulations. This is because Therapist may be unable to gain replacement Client(s) for the session time booked. We can not make any refunds after sessions are performed but change the date that we mutually agree on. If you purchased our package sessions and used our session, we can calculate the session from out of package price and refund the rest of it. For example; If you purchased 5 session discounted package and used only 1 session, we can calculate it from single session price and refund the rest of the purchase.
7. Warranties and Liability
1. 7.1. The Company warrants to the Client that the Services will be provided using reasonable care and skill and, as far as reasonably possible, in accordance with the information provided. Therapist do not usually have medical qualifications and should not medically diagnose any condition or symptom. Should you have any concerns or queries of a medical nature, you should first contact your doctor or other HealthCare Professional.
2. 7.2. The Company shall have no liability to the Client for any loss, damage, costs, expenses or other claims for compensation arising from any Information or instructions supplied by the Client which are incomplete, incorrect, inaccurate, illegible, out of sequence or in the wrong form, or arising from, or any other fault of the Client.
3. 7.3. Nothing in these Conditions shall:
1. 7.3.1. exclude or restrict the Company's liability for death or personal injury resulting from the Company's negligence; or
2. 7.3.2. affect the Client's statutory rights if transacting as a consumer.
4. 7.4. Subject to clause 7.3, or as expressly provided in these Conditions, the Company shall not be liable to the Client by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of the Company, its servants or agents or otherwise) which arise out of or in connection with the provision of the Services or their use by the Client, and the entire liability of the Company under or in connection with the Contract shall not exceed the amount of the Company's charges for the provision of the Services.
5. 7.5. The Company shall not be liable to the Client or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Company's obligations in relation to the Services, if the delay or failure was due to any cause beyond the Company's reasonable control.
6. 7.6. The Client represents and warrants that the Client's use of the Services pursuant to these Conditions shall not infringe any intellectual property rights of third parties. The Client agrees to indemnify the Company against any liabilities, including legal fees and costs arising out of third-party claims against the Company arising from or in any manner connected with the Client's use or misuse of the Services in any manner not specifically authorised by the Company pursuant to the Contract and any claim that the Information infringes the intellectual property rights of others.
7. 7.7. Notwithstanding any other provision in this Agreement, in no event shall the Company be liable for:
1. 7.7.1. any loss of profit or other indirect loss or damage suffered by the Client; and
2. 7.7.2. any amount in excess of the amount of Fees paid by the Client under this Agreement.
8. 7.8. The Company endeavours to ensure that the services of any person supplied to the Client are satisfactory. However the Client is strongly recommended to satisfy themselves, from the time that the Therapist first begins to provide Services to the Client, that the Services provided are satisfactory. Due to the nature of the subjects such as relationships, partner relations, abundance have very changable results. Therefore, we can not gurantee any specific results. But As our may clients, you would be more concious and aware of your thoughts and life. You probably will be calmer and in peace at the end of the sessions.
9. 7.9. The Company reserves the right to assign this Agreement, and to assign or subcontract any or all of our rights and obligations under this Agreement. You may not, without the written consent of TA, dispose of this Agreement.
10. 7.10. The Indemnity in this Agreement is a continuing obligation, and separate and independent from any other obligation in this Agreement, and survives termination of this Agreement.
1. 8.1. Each party shall at all times use its best endeavours to keep confidential (and to ensure that its employees, consultants, Therapists and agents shall keep confidential) any confidential information which it or they may acquire in relation to the business and affairs of the other party and shall not use or disclose such information except with the consent of that other party, in accordance with the order of a court of competent jurisdiction or to meet other legal requirements.
2. 8.2. The obligations of each of the parties contained in clause 8.1 above shall continue without limit in point of time but shall cease to apply to any information coming into the public domain otherwise than by breach by any such party of its obligations under the Contract provided that nothing contained in clause 8.1 above shall prevent any party from disclosing any such information to the extent required or in connection with legal proceedings arising out of the Contract.
3. 8.3. Neither the Client nor the Company shall disclose to any third party without the written consent of the other any information of a confidential nature concerning each other's business which comes to the other's knowledge including (and for the avoidance of doubt) the specific terms of the contract between the Company and the Client for the Company's service.
1. 9.1. The Company reserves the right to suspend or terminate all or part of the Services with immediate effect, where the Services have been inappropriately used.
2. 9.2. The Company reserves the right to suspend provision of the service for the Client until full payment of all invoices has been made.
3. 9.3. The Company may forthwith terminate the contract on the death, insolvency, bankruptcy (as appropriate) of the Client or by notice to the Client in the event of the Client's breach of the contract which is not capable of remedy within 3 working days of written notice of the breach.
4. 9.4. The Company reserves the right to refuse any appointment in the interests of both client and therapist safety. Where fault is not with the Client, a full refund will be provided in accordance with the rest of this Agreement.
11. Client's Obligations to the Company
1. 11.1. The acceptance by or on behalf of the Clients of any person supplied by the Company shall be deemed acceptance of and agreement to these conditions of business.
12. Nature of Relationship
1. 12.1. Nothing in this agreement may be deemed to constitute a partnership, joint venture, or other legal relationship between the Company and the Client other than that of supplier and purchaser.
1. 13.1. Unless the Company otherwise agrees in writing these terms and conditions shall govern the contract between the Company and the Client for the provision of service to the exclusion of any other terms including without limitation and conditions warranties and representations written or oral express or implied and including any written terms and conditions previously produced by the Company to the Client. This does not affect your Statutory Rights as a Consumer.
2. 13.2. The Company may without liability to the Client amend these conditions on giving reasonable notice, save for where the Client's rights are substantially affected by doing so.
3. 13.3. No variation or qualification of these terms and conditions shall be binding upon the Company unless otherwise agreed in writing by the Company and the Client. No agent, employee or representative of the Company has the authority to make such variation or qualification of these terms and conditions unless such person is expressly authorised in writing by the Company to do so.
4. 13.4. Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed to the other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
5. 13.5. No failure or delay by the Company in exercising any of its rights under the Contract shall be deemed to be a waiver of that right, and no waiver by the Company of any breach of the Contract by the Client shall be considered as a waiver of any subsequent breach of the same or any other provision.
6. 13.6. If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected.
7. 13.7. Turkish law shall apply to the Contract, and the parties agree to submit to the non-exclusive jurisdiction of the Turkish courts.