Thyme With Charlie™
Terms of Service
TERMS OF SERVICE
These Terms of Service govern the sale of Thyme With Charlie Services to you. We offer a range of Thyme With Charlie Services, and sometimes additional terms may apply. When you use a Thyme With Charlie Service, you will also be subject to the terms, guidelines and conditions applicable to that service (“Service Terms”). If these Terms of Service are inconsistent with the Service Terms, those Service Terms will apply.
These Terms of Service were updated in June 2023.
Please read these conditions carefully before placing an order with Thyme With Charlie. By placing an order with Thyme With Charlie, you signify your agreement to be bound by these conditions.
1. Our Contract
1.1. Below we set out how a legally binding contract between you and us is made. Please read and check your order carefully before submitting it.
1.2. Your order is an offer to Thyme With Charlie to buy Thyme With Charlie Services in your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
1.3. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the Thyme With Charlie Service, or we will immediately refund you if your payment has been processed.
2. Your Rights to Cancellation and Exceptions to Cancellation
2.1. Your Rights to Cancellation:
- Unless one of the exceptions listed below applies, you can cancel your order without giving any reason within 14 days from the day on which you receive the Thyme With Charlie Services purchased, or from the day of the conclusion of the contract in the case of services or digital content.
- You must inform Thyme With Charlie of your decision to cancel your order. You may submit your request by contacting us via the connectpage on this website and in accordance with the instructions set out in the Returns and Refunds policy below. To meet the cancellation deadline, you must send your communication before the 14 days’ cancellation period has expired and return the item in accordance with our instructions.
2.2. Effects of Cancellation:
- We will reimburse all payments received from you for the Thyme With Charlie Service purchased no later than 30 days from the day on which we received the above communication. We will use the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. We may withhold reimbursement until we have received the items back.
- Note that you must send back the items by following the instructions provided to you by us no later than 30 days from the day on which you communicate your cancellation to us. You may be liable if the value of the items returned diminishes due to the handling of the items. Items must be returned in accordance with the instructions set out in our Refunds and Returns Policy below.
2.3. Exceptions to the Right of Cancellation:
- The right of cancellation does not apply when:
- You place an order for digital content, as you consent for the download of or access to the digital content to start after your order has been accepted, and you acknowledge that this means you lose your right to cancel. This means you do not have the right to cancel this contract once the download of or access to the digital content starts, and you are not entitled to a refund (unless the digital content is defective).
- You place an order for a Thyme With Charlie service (whether it is to take place online or in-person) and we have performed the service, as you consent for the delivery of the Thyme With Charlie Service to start after your order has been accepted, and you acknowledge that this means you lose your right to cancel. This means you do not have the right to cancel this contract once the delivery of the service starts, and you are not entitled to a refund (retrospectively or otherwise).
- You place an order for a custom made item, as you consent for performance of the service to start after you have confirmed in writing the item specification and your order has been accepted, and you acknowledge that this means you lose your right to cancel. This means you do not have the right to cancel this contract once the performance of the service starts, and you are not entitled to a refund (unless the item is defective).
3. Pricing and Your Payment Details
3.1. The price of the Thyme With Charlie Service will be the price indicated on the order pages when you placed your order on our website (except where you place an order for a customer made item, in which case we will confirm the price to you in writing). The price of the Thyme With Charlie Service is in pounds sterling (£), and is exclusive of Value Added Tax.
3.2. We use our best efforts to ensure that the price of the Thyme With Charlie Service advised to you is correct. However, there may be instances when an item may be mispriced. We will verify pricing when processing your order and before we take payment. If we have made a mistake and the Thyme With Charlie Service’s correct price is higher than the price on the website, we will contact you before dispatch to request whether you want to buy the Thyme With Charlie Service at the correct price or cancel your order. If the Thyme With Charlie Service’s correct price is lower than our stated price, we will charge the lower amount and send you the item.
3.3. A non-refundable deposit of 20% is required at the time of when making your order to reserve your place on certain Thyme With Charlie Services. When placing an order for such Thyme With Charlie Services, you agree that you are responsible for reading the full item listing before placing your order for the Thyme With Charlie Service.
4. Provision of Thyme With Charlie services, Availability and Your Responsibilities
4.1. Thyme With Charlie Services: If the Thyme With Charlie Service:
- Is a physical item, we will deliver the item to you by the estimated date of delivery as told to you during the order process, and transfer ownership of the item to you when the item is dispatched to you from our distribution centre.
- Is a one-off event or service, we will begin the event or service on the date agreed with you during the order process. The estimated completion date for the event or service is as told to you during the order process.
- Is a one-off purchase of digital content, we will make the digital content available to access or for download by you as soon as we accept your order.
- Is an ongoing service or a subscription to receive services or digital content, we will supply the services or digital content to you until either the services are completed or the subscription expires (if applicable) or you end the contract as described in section 2 of these Terms of Sale or we end the contract by written notice to you.
4.2. We will post, or arrange a courier on your behalf, for the items ordered by you to the person and address you give us at the time you make your order. All delivery times quoted on our website or provided to you in writing by us are estimates only, based on availability, normal processing and delivery companies. They are not guaranteed delivery times and should not be relied upon as such. Delivery charges will be added to your order value where appropriate.
4.3 Whilst we endeavour to ensure that the information on this website is accurate and up to date, we do not give any warranties as to its accuracy and completeness, and we will not be responsible for any errors or omissions or for the results arising from the use of such information. We may make changes to the information on this website, or to the Thyme With Charlie Services and prices described in it, at any time without notice.
4.4. We list availability for Thyme With Charlie Services sold by us on our website on each item information page. Beyond what we say on that page or otherwise on our website, we cannot be more specific about availability. As we process your order, we will inform you by email as soon as possible if any Thyme With Charlie Services you order turn out to be unavailable and you will not be charged for those items.
4.6. We may need certain information from you so that we can supply the Thyme With Charlie Services to you (such as specification information for custom made items). If so, this will be stated in the description of the Thyme With Charlie Services on our website or requested from you in a form provided to you by us. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. In the case of custom made items, you agree that after you provide us with the required specification information, you accept we will have no liability to you for any errors or mistakes in the custom made item where it has been made in accordance with your specifications.
4.7. We will not be responsible for supplying the Thyme With Charlie Services late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
4.8. If you do not pay us for the Thyme With Charlie Services when you are supposed to and you still do not make payment within seven (7) days of us reminding you that payment is due, we may suspend supply of the Thyme With Charlie Services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the items. We will not charge you for the items during the period for which they are suspended.
4.9. We may from time to time agree terms on which you pay us for Thyme With Charlie Services in instalments, at our absolute discretion. If you fail to pay us any sums when due, we may:
- Suspend the provision of, or access to, Thyme With Charlie Services (including private sessions, events, workshops and Thyme With Charlie Sound Healing Academy trainings) to you until we have received full payment of any and all sums owed to us.
- Withhold or refuse to issue you with diplomas and/or certificates for any workshops and Thyme With Charlie Sound Healing Academy trainings you have completed until we have received full payment of any and all sums owed to us.
4.10. Whilst we have utilised in creating the Thyme With Charlie Services, and we will at all times in our dealings with you utilise, our best professional endeavours and skills, we do not guarantee any specific outcome from your use of the Thyme With Charlie Services (including but not limited to you obtaining a professional qualification/certification, particular employment, client base or reimbursement). Outcomes depend on many factors including but not limited to your level of personal responsibility, commitment, abilities and implementation. You agree that we are not and will not be liable or reasonable for any actions, inactions, direct or indirect results in connection with the Thyme With Charlie Services.
4.11. You agree that you are purchasing Thyme With Charlie Services for your private, non-commercial use only unless agreed with us in writing. You agree not to redistribute, transmit, assign, sell, rent, exchange, commercially exploit, broadcast, modify, adapt, copy, edit, sub-licence, share, lend, or transfer any Thyme With Charlie Services, or part of the Thyme With Charlie Services, that you purchase through this website or from us unless agreed with us in writing.
4.12. You acknowledge and agree that you are responsible for ensuring that any hardware you use to download and/or access the Thyme With Charlie Services functions correctly with this website or any alternative platform on which we make the Thyme With Charlie Services available and that the provision of these requirements is your responsibility and is at your own risk.
4.13. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
5.1. When ordering items from Thyme With Charlie for delivery outside of mainland UK you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges. Customs policies vary widely from country to country, so you should contact your local customs office for further information.
5.2. Please note that when ordering from us, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the items. Your privacy is important to us and our international customers should be aware that cross-border deliveries are subject to opening and inspection by customs authorities.
6. Returns & Refunds Policy
6.1. At Thyme With Charlie, we want you to have a positive experience every time you shop with us. Occasionally though, we know you may want to return items and you have the statutory right to cancel your order for any reason within 14 days beginning with the day you receive the item (please read section 2 of our Terms of Sale for full instructions on cancellation and information on your rights of cancellation). Please contact us via our connect page on this website to request or arrange a return.
6.2. As well as your statutory cancellation rights described above, you can return most items to us within 30 calendar days of receipt of the items if the items are in an unused and undamaged condition. Please note this returns policy does not affect your statutory rights and therefore does not affect your right of cancellation as described above.
6.3. To return an item, you must return each item in the same condition in which you received it. This means that items must be returned unused and undamaged.
6.4. You are responsible for all shipping costs for returning items to us, including any associated import duties and taxes (please read section 5 of these Terms of Sale for information on customs).
6.5. In the event you cancel an order for a Thyme With Charlie service in which you have received course materials (whether in hard copy or electronic format) for a workshop or Thyme With Charlie Sound Healing Academy training, you agree to return the course materials to us immediately, in the same condition in which you received them and at your own cost and risk. You must not use, copy, adapt or do anything with the course materials that is in breach of these terms.
6.6. Your refund and how your refund is issued may differ based on the type of Thyme With Charlie Service it relates to, the condition of the item, how long you have had the item, and when you affect your cancellation request. To request a refund, you can contact us via our connect page on this website. Please read section 2 of these Terms of Sale for information on your rights to cancellation.
6.7. You are not entitled to a refund for the following products:
- digital content (unless it is defective).
- Thyme With Charlie Services when we have performed the service (i.e., once the service has started).
- a custom made (unless defective).
6.8. In the event you wish to cancel your order for a Thyme With Charlie in-person event, workshop, or Thyme With Charlie Sound Healing Academy training whether online or in-person (collectively “Events”):
- You are entitled to a refund, minus your deposit and a 20% administration fee, when we receive your request for cancellation more than 30 calendar days prior to the date on which the Event starts.
- You are not entitled to a refund, nor a transfer of your deposit or full payment to another Thyme With Charlie Service (including Events), when we receive your request for cancellation within 30 calendar days of the date on which the Event starts.
6.9. Any and all deposits you make to reserve your place on a Thyme With Charlie Service are non-refundable. At our absolute discretion, your deposit may be transferable to another Thyme With Charlie Service taking place at a different date and/or time.
6.10. After we receive your item and it is inspected, or it is deemed you are entitled to a refund for a Thyme With Charlie Service, our team will process your refund. We will issue a refund within a maximum of 30 days and confirm it by email.
6.11. The refund will be issued to the original payment method used by you when you placed your order. You may see the refund in your bank account or on your credit card statement within 5 to 10 business days of the refund being issued, however in certain circumstances refund timeframes may be longer.
6.12. If a Thyme With Charlie Service (such as a workshop or Thyme With Charlie Sound Healing Academy training) is cancelled by us, you will be offered the option of either a refund or being transferred to an alternative event.
6.13. We are unable to give refunds for cancelled transport (trains, aeroplanes, etc) that you arrange in connection with an Event. Please ensure you take out relevant insurance to protect yourself against such loss.
7. Rental Policy
7.1. This Rental Policy is only available to UK mainland and Dubai customers. All enquiries and requests for rental of Thyme With Charlie Equipment must be made by contacting us via our connect page on this website.
7.2. You agree to rent the Equipment in compliance with the terms and conditions set out in this Rental Policy.
7.3. On prior written agreement by us, you may rent a Thyme With Charlie chakra bowl set (a seven (7) piece set) and accessories (one small rubber mallet, one medium rubber mallet, one medium wooden mallet, one large wooden mallet) (the “Chakra Bowl Set”, collectively the “Equipment”). If you require more or different bowls and accessories, this will be deemed a bespoke rental package and is at our absolute discretion. Please state any bespoke rental requirements in your first Equipment rental enquiry to us.
7.4. You acknowledge and agree that the Equipment is being rented to you for personal use only and not in connection with a business, unless agreed with us in writing.
7.5. The Equipment will not be altered, modified, adjusted, defaced, damaged or repaired by you. Doing so will render you liable for the full replacement cost of the Equipment.
7.6. The Equipment must be kept in a clean, good condition. A charge of up to £50 may be made for cleaning the Equipment if it is in an unsatisfactory condition when returned to us.
Charges & Payment
7.7. Rental of the Equipment will be charged at the rental fee of £50 per calendar month which includes Saturdays, Sundays and national public holidays in England. The rental fee will be payable in advance for periods of one (1) calendar month.
7.8. If you rent more than one Chakra Bowl Set, the rental fee for each Chakra Bowl Set bears the same relationship to the rental fee shown above. A bespoke rental package, if agreed by us, will be subject to a bespoke rental fee.
7.9. You agree to rent the Equipment until the end of the minimum rental period of one (1) calendar month (or shorter period, at our absolute discretion) or until expiry of any notice period, whichever is the later.
7.10. You agree to make payments in accordance with and by the specified dates set out in the invoice we issue to you. In the event of your default for any sums that might become outstanding during this rental agreement, you agree we have the right to charge interest at a rate of 10% per annum which will be calculated on a daily basis pro rata between the date the payment(s) falls due until payment(s) is received.
7.11. From time to time we may be required to vary the rental fee to take account of costs to our business. We reserve the right to do so and will notify you in writing of any change in this respect.
7.12. All shipping fees to and from the Thyme With Charlie distribution centre will be your sole responsibility. On prior written agreement by us, the Equipment may also be collected and returned by you in person at your own cost and responsibility.
7.13. In the event you wish to purchase the Equipment, the rental fees will be offset against the total purchase invoice.
7.14. You must repay on demand our expenses and legal costs for: (a) finding your address if you change your address without first informing us or finding the Equipment if it is not at the address given by you; (b) taking steps, including court action to recover the Equipment or to obtain outstanding payment for it.
7.15. It is your responsibility to ensure that the Equipment is, if necessary, compatible with your environment, and is suitable for all your requirements. We will have no liability to you (or to any third party) in this regard.
7.16. You undertake to ensure no one else uses the Equipment who is not properly instructed and will not allow the Equipment to be used in any way other than in accordance with our instructions, and you will use the Equipment properly and ensure that it will be safe and without risk to health.
7.17. Whilst you may take the Equipment out of your property for the purposes of using them on the premises of other individuals and businesses, you agree to keep the Equipment at your place of residence at all other times. The Equipment must not be left unattended elsewhere.
7.18. You will at your own expense keep the Equipment in a clean and good condition and not subject it to any misuse or wear and tear over that consistent with normal and reasonable use. You undertake not to damage the Equipment (including accessories) whilst in transit or otherwise, nor remove, alter or interfere, or permit removal, alteration or interference with, any identification marks or serial numbers affixed to the Equipment, or to deface or add to the Equipment.
7.19. You must insure and keep the Equipment insured under a fully comprehensive policy at your expense to its full replacement value with a reputable insurer chosen by you with our interest noted on the policy. Insurance must include cover against the risk of loss or damage by fire, theft, accident and other risks, including third party risks, as are normally insured against in the case of equipment of the type to which the rental agreement relates.
7.20. You indemnify us against any loss or damage to the Equipment and against any loss, damage or injury caused by the Equipment, however caused (except for any caused by our own negligence). This obligation will survive termination of the rental agreement.
7.21. You must notify us and the insurers promptly of any loss of or damage to the Equipment and hold any insurance monies in trust for us, and you agree to replace or repair the Equipment at our direction.
7.22. You will not at any time sell, assign, transfer, mortgage, charge or sublet the Equipment (including to any person attending your courses) or any interest in it or the benefit of, or your rights and obligations under, this rental agreement.
Ending the Rental Agreement
7.23. You or we may end this rental agreement by giving one calendar months’ notice in writing expiring at or after the end of the minimum rental period. You must then return the Equipment, or upon our request, make it available for collection by us, at your own expense.
7.24. If you cancel the rental agreement within the termination notice period, you will be billed for shipping charges that we have paid, with an additional cancellation fee of £50.00.
7.25. We may end the rental agreement and take back the Equipment, after giving you written notice, if at any time: (a) you fail to pay any amount within 14 days of its due date or commit any other breach of your obligations; (b) you have an interim or bankruptcy order made against you or you petition for your own bankruptcy, or are served with a creditors demand, or make a formal composition or scheme with your creditors, or call a meeting of them; (c) execution is levied or attempted against any of your assets or income; (d) the landlord of the premises where the Equipment is kept threatens or takes any step to distrain on the Equipment; (e) you have given any false or misleading information in connection with your entry into this rental agreement; (f) the Equipment is destroyed or the insurers treat the claim under the policy on a total loss basis.
7.26. If we end the rental agreement you must pay us all rental charges up to the date when this rental agreement comes to an end. If we end the rental agreement under clause 7.25, before the expiry of the minimum rental period, you must also pay us a sum equal to the rental charges for the period remaining to the end of the minimum rental period less any rentals obtained by us during this period by reletting the Equipment and any other deduction which we may consider reasonable.
Effect of Rental Agreement
7.27. The rental agreement, and the terms of this Rental Policy, will only take effect when you agree in writing to the terms of this Rental Policy.
7.28. We reserve the right to make any changes to this Rental Policy, including the rental fee, at any time.
8. Our Intellectual Property Rights
8.1. We are the owners or licensees of all intellectual property rights in the website, and the Thyme With Charlie Services you purchase, including any databases that hold relevant information about the website and the Thyme With Charlie Services. These rights are protected by copyright, design right or trademark registration and you may only use the Thyme With Charlie Services, or any part of them, in accordance with these Terms of Sale.
8.2. On payment of the price for any of the Thyme With Charlie Services we grant you a limited non-exclusive, non-transferable, non-sublicensable, revocable licence to use the Thyme With Charlie Services for your own personal, non-commercial use (unless agreed with us in writing). This licence does not include: i) any resale or commercial use of any Thyme With Charlie Services or its contents or any similar content which copies in whole or in part, any of the Thyme With Charlie Services or its contents; ii) any collection and use of any product listings, descriptions, or prices; any derivative use of any Thyme With Charlie Services or its contents (including course materials); or iii) any downloading or copying or any account information for the benefit of another merchant.8.3. You must not redistribute, transmit, assign, sell, rent, exchange, commercially exploit, broadcast, modify, adapt, copy, edit, sub-licence, share, lend, or transfer any Thyme With Charlie Services, or part of the Thyme With Charlie Services, that you purchase through this website or from us unless agreed with us in writing. To do so would mean you are breaching our intellectual property rights, and we reserve our right to take legal action if this occurs.
9. Our Liability
9.1. Thyme With Charlie will not be responsible for (i) losses that were not caused by any breach on our part, or (ii) any business loss (including loss of profits, sales, business, revenue, business interruption, anticipated savings, loss of business opportunities, goodwill or reputation), or (iii) any indirect or consequential losses that were not foreseeable to both you and us when the contract for the sale of Thyme With Charlie Services to you was formed.
9.2. The laws of some countries do not allow some or all of the limitations described above. If these laws apply to you, some or all of the above limitations may not apply to you and you might have additional rights.
9.3. We will not be held responsible for any delay or failure to comply with our obligations under these Terms of Sale if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your legal right to have items sent or services provided within a reasonable time. If the delay occurs before the items are dispatched, we will not charge you for the items until they are dispatched and you may cancel your order at any time prior to dispatch.
9.4. Nothing in these Terms of Sale limits or excludes our responsibility for fraudulent representations made by us or for death or personal injury caused by our negligence or wilful misconduct.
10.1. We reserve the right to make any changes to our website, policies, and terms and conditions, including these Terms of Sale at any time. You will be subject to the terms and conditions, policies and Terms of Sale in force at the time that you order Thyme With Charlie Service from us, unless any change to those terms and conditions, policies or these Terms of Sale is required to be made by law or government authority (in which case it may apply to orders previously placed by you).
11.1. If any of these Terms of Sale is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
11.2. If you breach these Terms of Sale and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms of Sale.
11.3. We may transfer our rights and obligations under these Terms of Sale to another organisation. We will notify you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract..
11.4. These Terms of Sale are between you and us. You may not transfer your rights or obligations under these Terms of Sale to another person. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these Terms of Sale.
12. Legal Disputes
12.1. We try to provide clear rules and guidelines so that we can limit or hopefully avoid disputes between you and Thyme With Charlie. However, if a dispute arises between you and us, we strongly encourage you to first contact us directly via our connect page on this website to seek a resolution.
12.2. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
If you are a Consumer
12.3. Any claim, dispute or matter arising under or in connection with these Terms of Sale will be governed and construed in all respects by the laws of England and Wales. You and Thyme With Charlie both agree to submit to the non-exclusive jurisdiction of the English courts.
12.4. In simple terms, “non-exclusive jurisdiction of the English courts” means that if you were able to bring a claim arising from or in connection with these Terms of Sale against us in court, an acceptable court would be a court located in England, but you may also elect to bring a claim in the court of your country of residence. English law will apply in all cases.
If you are a Business
12.5 These terms are governed by and construed in accordance with English law and we both agree to the exclusive jurisdiction of the courts of England and Wales.
You can contact us via our connect page on this website.
Updated June 2023