Terms and Conditions
TERMS AND CONDITIONS FOR BUYING PRODUCTS AND JUST BROWSING
Welcome to Your Mental Gym Guide (YMGG).
In these terms, we also refer to YMGG as “our”, “we”, or “us”.
And you are you!
What are these terms about?
These terms apply when you use this website, being www.yourmentalgymguide.com and any other websites
we operate with the same domain name and a different extension (“Website”).
These terms also apply when you purchase products and services through this Website (“Products”).
If you’re looking for our Privacy Policy, which we will comply with and you also agree to be bound by, you
can find it here
How do I read these terms?
We separated these terms into three parts, so they are easy to read and understand.
Those parts are:
• Part A: Terms for when you buy Products (applies when you buy)
• Part B: Terms for when you browse and interact with this Website (applies when you browse)
• Part C: Liability and warranties, and interpretation provisions (applies to both buying and browsing)
Please let us know if you have any questions about these terms, and don’t continue using this Website or
purchase any Products unless you have read and agree to these terms
I’ve returned to your Website, do I need to read these terms again?
Once you place an Order, the terms accepted at the point of sale will apply to your purchase of those Products. However, please note that we may change any part of these terms at any time by updating this page of the Website, so you may find that different terms apply next time you use this Website or purchase Products. You can check the date at the top of this page to see when we last updated these terms.
Part A For When You Buy Products…
YOUR KEY INFORMATION
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that up
to 14 days after receiving your Products, in some cases, you can change your mind and get a full refund.
Please note this does not include contracts for digital downloads.
The Consumer Rights Act 2015 (applicable in the United Kingdom) requires that all our Products are as
described, fit for purpose and of satisfactory quality and so nothing in these terms affects statutory rights.
During the expected lifespan of your Product, if this Act applies to you, you’re entitled to the following:
• up to 30 days: if your goods are faulty, you can get a refund;
• up to six months: if it can’t be repaired or replaced, then you’re entitled to a full refund in most
cases;
• up to six years: if the goods do not last a reasonable length of time, you may be entitled to some
money back.
This is a summary of some of your key rights in the United Kingdom. For detailed information from Citizens
Advice please visit www.citizensadvice.org.uk or call 0808 223 1133.
The information above summarises some of your key rights. It is not intended to replace the contract below,
which you should read carefully.
If you have any questions about this contract or any orders you have placed, please contact us by sending
an email to info@yourmentalgymguide.com
1 SUBMITTING AN ORDER
1.1 ORDERS
(a) By submitting an order for purchase of a Product using the Website’s functionality
(Order) you represent and warrant that:
(i) you have the legal capacity and are of sufficient age to enter into a binding
contract with us; and
(ii) you are authorised to use the debit or credit card you provide with your Order.
(b) Submitting an Order constitutes your intention and offer to enter into Part A of these
terms (including Part C which you agreed to by using this Website) where we will provide
you with the Products you have ordered in exchange for your payment of the total amount
listed upon checkout.
(c) Part A of these terms is not agreed between you and us until we have approved your
payment and you receive an email from us confirming that your order is being processed.
1.2 INFORMATION WE GIVE YOU
(a) By law, the Consumer Contracts (Information, Cancellation and Additional Charges)
Regulations 2013 say that we must give you certain key information before a legally
binding contract between you and us is made. This information is set out at the start of
these terms. If you cannot access this information for any reason, you are welcome to
contact us using the functionality on the website, or at the contact email address above,
and we will provide you with a copy of this information.
(b) The key information we give you by law forms part of this contract (as though it is set out
in full here).
(c) If we have to change any key information once a legally binding contract between you
and us is made, we can only do this if you agree to it
2 PRODUCTS
2.1 PRODUCTS
(a) We will endeavour to ensure that the Products provided will be substantially the same as
the Products displayed on our Website, or as otherwise agreed with you in writing prior to
you placing your Order.
(b) Until the price of your Products is paid in full, title in those Products is retained by YMGG.
Risk in the Products will pass to you on delivery in accordance with clause 4. Delivery
must not be refused by you.
(c) The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory
rights’). The Products we provide to you must be as described, fit for purpose and of
satisfactory quality.
(d) We are under a legal duty to supply you with Products that are in conformity with this
contract (subject to your Order being accepted and confirmed).
2.2 FAULTY PRODUCTS
(a) Your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’)
are set out at the top of this page. They are a summary of some of your key rights. For
more detailed information on your rights and what you should expect from us, please:
(i) contact us using the contact details on our site; or
(ii) visit the Citizens Advice website www.citizensadvice.org.uk or call 0808 223
1133.
(b) Nothing in these terms affects your legal rights under the Consumer Rights Act 2015
(also known as ‘statutory rights’). You may also have other rights under law.
(c) If your Products are faulty, please contact us using the contact details at the top of this
page
3. PAYMENT
(a) All prices are:
(i) per unit (except where otherwise indicated);
(ii) in British Pounds (except where otherwise indicated); and
(iii) subject to change prior to you completing an Order without notice.
(b) (Payment obligations) Unless otherwise agreed in writing, you must pay for all Products
at the time of placing an Order.
(c) (VAT) Unless otherwise indicated, amounts stated in an Order do not include VAT. In
relation to any VAT payable for a taxable supply by us, you must pay the VAT subject to
us including that amount in the Order, or otherwise providing a tax invoice.
(d) (Online payment partner) We may use third-party payment providers (Payment
Providers) to collect payments for Products, including Wix Payments. The processing of
payments by the Payment Provider will be, in addition to these terms, subject to the
terms, conditions and privacy policies of the Payment Provider and we are not liable for
the security or performance of the Payment Provider. We reserve the right to correct, or
to instruct our Payment Provider to correct, any errors or mistakes in collecting your
payment. Wix Payment’s terms of use are available here:
https://www.wix.com/about/terms-of-payments.
(e) (Pricing errors) In the event that we discover an error or inaccuracy in the price at which
your order was purchased (including shipping prices), we will attempt to contact you and
inform you of this as soon as possible. You will then have the option of purchasing your
order at the correct price, or cancelling your order. If you choose to cancel your order and
payment has already been debited, the full amount will be credited back to your original
method of payment
4 DELIVERY AND SHIPPING
(a) Delivery costs will be added to the cart upon checkout. The prices displayed at checkout
are inclusive of delivery to the address chosen by you.
(b) For information on delivery options and costs, visit our Website. During the online
checkout process, you will be given available delivery options to choose from.
(c) The estimated date and time window for delivery of Products is set out on our Website,
and in your Order.
(d) If something happens which is outside of our control and affects the estimated date of
delivery, we will provide you with a revised estimated date for delivery.
(e) Delivery will take place to the address provided by you when you placed your Order with
us.
(f) Unless we agree in writing otherwise, if we cannot deliver your Product within 30 days of
the date of your Confirmation Email, we will:
(i) let you know;
(ii) cancel your order; and
(iii) give you a refund.
(g) If nobody is available to take delivery when it is delivered to your delivery address, please
contact us using the contact details on our Website.
(h) You are responsible for any Products once it has been delivered to the address specified
by you when you placed your Order. In other words, the risk in the Product passes to you
when you take, or a third party notified by you takes, possession of the Product.
(i) Third party courier terms apply to the delivery of the Products to you. Any problems with
delivery should be directed to us to troubleshoot the issue. We will endeavour to assist
you to ensure your delivery arrives. Subject to the other provisions of this clause 4, all
delivery times provided to you are estimates only and are subject to postal delays and
reasons beyond our control. We do not warrant or make any representation that your
order will be delivered within the times indicated. We will not be liable for any loss or
damage suffered as a result of or in connection with late deliveries.
(j) YMGG reserves the right to refuse international orders. Approved international orders
may be subject to customs and import duties upon reaching its country of destination.
You will be responsible for paying all customs and import duties and acknowledge that
failure to pay may result in your order being held at customs. We will not be liable for any
costs you may incur in having your order released from customs, including reimbursing
you for any customs or import duties you may pay
5 CHANGES TO YOUR ORDER
5.1 CANCELLATION BY US
We reserve the right to cancel your Order for any reason, and will notify you of this as soon as
possible. Where payment has already been debited, the full amount will be credited back to your
original method of payment.
5.2 CANCELLATION BY YOU
You may cancel your Order up to the time that we confirm your Order in writing to you. Once we
confirm your Order, your Order is binding and cannot be changed by you, subject to the rest of this
clause 5 - our refunds process may apply.
5.3 CONTRACTS THAT CAN BE CANCELLED FOR CHANGE OF MIND
(a) For many contracts for the sale of goods (except those set out in clause 5.4), you have
the right to cancel Part A of these terms (as they relate to the good) within 14 days
without giving any reason.
(b) This cancellation period will expire after 14 days from the day on which you acquire, or a
third party other than the carrier and indicated by you acquires, physical possession of
the relevant goods.
(c) To exercise the right to cancel, you must inform us of your decision to cancel this contract
by a clear statement to us in writing, for example by emailing us using the contact details
available on our website.
(d) To meet the cancellation deadline, it is sufficient for you to send your communication
concerning your exercise of the right to cancel before the cancellation period has expired.
5.4 CONTRACTS THAT CANNOT BE CANCELLED FOR CHANGE OF MIND
(a) We do not offer change of mind cancellation for contracts for goods that are made to your
specifications or are clearly personalised, or any digital download products.
(b) For these goods, we are under no obligation to offer a refund under the Consumer
Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
(c) This does not affect your statutory rights in relation to faulty goods, as set out in clause
5.5.
5.5 FAULTY GOODS
(a) For all goods purchased, you have statutory rights if your order has been damaged in
transit or the goods were not of satisfactory quality or as described, which may entitle you
to a replacement or refund. Nothing in this clause 5.5 will require us to provide a refund,
repair or replacement in respect of loss or damage to goods caused by you, or otherwise
caused to the goods after they entered your possession.
(b) If you do have the right to cancel these terms due to the relevant Product(s) being faulty,
we will reimburse to you all payments received from you in respect of the relevant
Product, including the cost of delivery (except for any supplementary costs arising if you
chose a type of delivery other than the least expensive type of standard delivery offered
by us).
5.6 REFUNDS
(a) If you wish to cancel this contract:
(i) due to change of mind, in accordance with clause 5.3; or
(ii) due to the goods being faulty, in accordance with clause 5.5,
you must notify us by email to info@yourmentalgymguide.com.
(b) We will reimburse you all payments received by you for the relevant part which is
cancelled, including the cost of delivery (subject to clause 5.5(b)) and the process set out
in this clause Error! Reference source not found. will apply, provided that:
(i) clause 5.3 applies to the relevant good; or
(ii) the relevant good is faulty in accordance with clause 5.5,
and if neither apply, then we may refuse your refund/cancellation request.
(c) We reserve the right to direct you to return items to us (in the case of cancellations under
clause 5.3 at your own cost) before we issue a refund.
(d) We will use the same method of payment for issuing any refund owed to you using the
method you used for your initial payment, unless we have expressly agreed otherwise.
(e) We may make a deduction from any reimbursement issued to you for loss in value of any
goods supplied, if the loss is the result of unnecessary handling by you.
(f) We will pay any refund owed to you without undue delay, and not later than:
(i) 5 business days after the day you notify us you wish to cancel the contract
pursuant to clause 5.3; or
(ii) we confirm the goods are faulty pursuant to clause 5.5.
(g) For any requested refund under clause 5.5, we may withhold reimbursement until we
have inspected the relevant goods, or received evidence from you, to ensure that the
goods are faulty, and that a refund or replacement is appropriate
6 INTELLECTUAL PROPERTY
(a) YMGG retains all intellectual property rights in the design of the Products, including the
labelling and packaging, or those rights are owned by a third party. You must not attempt
to copy, reproduce, distribute, manufacture or otherwise commercialise the Products.
(b) In this clause 6, “intellectual property rights” means copyright, trade mark, design,
patent, semiconductor and circuit layout rights, trade, business, company and domain
names, confidential and other proprietary rights, and any other rights to registration of
such rights whether created before or after the date of these terms both in the United
Kingdom and throughout the world
7 THIRD PARTY SUPPLIERS
(a) We may do any of the following:
(i) outsource any part of performing any services related to providing the Products,
including delivery of your Products; or
(ii) procure materials and Products from third party suppliers,
without further notice to or permission from you.
(b) To the maximum extent permitted under applicable law, we will not be liable for any acts
or omissions of those third parties, including where such third parties cause delay or
damage to any part of your Order, or are negligent in providing services or goods.
Part B For When You Browse This Website…
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8 ACCESS AND USE OF THE WEBSITE
You must only use the Website in accordance with these terms and any applicable laws, and must
ensure that your employees, sub-contractors and any other agents who use or access the Website
comply with these terms and any applicable laws.
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9 YOUR OBLIGATIONS
You must not:
(a) copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any
part or aspect of the Website without the express consent of YMGG;
(b) use the Website for any purpose other than the purposes of browsing, selecting or
purchasing Products;
(c) use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates
illegal or fraudulent activity;
(d) use, or attempt to use, the Website in a manner that may interfere with, disrupt or create
undue burden on the Website or the servers or networks that host the Website;
(e) use the Website with the assistance of any automated scripting tool or software;
(f) act in a way that may diminish or adversely impact the reputation of YMGG, including by
linking to the Website on any other website; and
(g) attempt to breach the security of the Website, or otherwise interfere with the normal
functions of the Website, including by:
(i) gaining unauthorised access to Website accounts or data;
(ii) scanning, probing or testing the Website for security vulnerabilities;
(iii) overloading, flooding, mailbombing, crashing or submitting a virus to the
Website; or
(iv) instigate or participate in a denial-of-service attack against the Website
10 INFORMATION ON THE WEBSITE
(a) While we make every effort to ensure that the information on the Website is as up-to-date
and accurate as possible, you acknowledge and agree that we do not (to the maximum
extent permitted by law) guarantee that:
(i) the Website will be free from errors or defects (or both, as the case may be);
(ii) the Website will be accessible at all times;
(iii) messages sent through the Website will be delivered promptly, or delivered at
all;
(iv) information you receive or supply through the Website will be secure or
confidential; and
(v) any information provided through the Website is accurate or true.
(b) We reserve the right to change any information or functionality on the Website by
updating the Website at any time without notice, including product descriptions, prices
and other Website Content
11 INTELLECTUAL PROPERTY
(a) YMGG retains ownership of the Website and all materials on the Website (including text,
graphics, logos, design, icons, images, sound and video recordings, pricing, downloads
and software) (Website Content) and reserves all rights in any Intellectual Property
Rights owned or licensed by it not expressly granted to you.
(b) You may make a temporary electronic copy of all or part of the Website for the sole
purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell,
modify or publish the Website or any Website Content without prior written consent from
YMGG or as permitted by law
12 THIRD PARTY TERMS AND CONDITIONS
(a) The Customer acknowledges and agrees that third party terms & conditions (Third Party
Terms) may apply.
(b) The Customer agrees to any Third Party Terms applicable to any third party goods and
services, and YMGG will not be liable for any loss or damage suffered by the Customer in
connection with such Third Party Terms.
13 LINKS TO OTHER WEBSITES
(a) The Website may contain links to other websites that are not our responsibility. We have
no control over the content of any linked websites, and we are not responsible for that
content.
(b) Inclusion of any linked website on the Website does not imply our approval or
endorsement of the linked website
14 SECURITY
YMGG does not accept responsibility for loss or damage to computer systems, mobile phones or
other electronic devices arising in connection with use of the Website. You should take your own
precautions to ensure that the process that you employ for accessing the Website does not expose
you to risk of viruses, malicious computer code or other forms of interference
15 REPORTING MISUSE
If you become aware of misuse of the Website by any person, any errors in the material on the
Website or any difficulty in accessing or using the Website, please contact us immediately using
the contact details or form provided on our Website.
Part C Liability And Other Legal Terms…
16 DISCLAIMER
(a) While our Products and Website have been prepared with every effort to help you, the
information provided in our Products and on our Website is general in nature.
(b) Our Products and Website do not take into account your personal circumstances or
specific goals. All information provided in our Products and on our Website are not
intended to be professional advice of any kind and should not be relied on as such.
(c) We make no representation or guarantee that our Products will be useful or relevant to
you or that by applying any ideas, recommendations, methods or techniques in the
Products you will achieve any particular outcomes. We are not responsible for any of your
actions, decisions or choices. Any methods and techniques implemented by you are done
so at your own risk. By not seeking appropriate professional advice, you accept the risk
that the information contained in our Products may not meet your specific needs,
circumstances or goals
17 LIABILITY
(a) To the maximum extent permitted by applicable law, YMGG limits all liability to any
person for loss or damage of any kind, however arising whether in contract, tort (including
negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to
this Website, these terms or any Products or services provided by YMGG, is limited to the
greater of:
(i) the total Fees paid to YMGG by you in the 3 months preceding the first event
giving rise to the relevant liability; and
(ii) £100GBP.
(b) All express or implied representations and warranties in relation to Products and the
associated services performed by YMGG are, to the maximum extent permitted by
applicable law, excluded.
(c) (Indemnity) You indemnify YMGG and its employees and agents in respect of all liability
for loss, damage or injury which is or may be suffered by any person arising from your or
your representatives’:
(i) breach of any of these terms;
(ii) use of the Website; or
(iii) use of any Products, or other goods or services provided by YMGG.
(d) (Consequential loss) To the maximum extent permitted by law, under no circumstances
will YMGG be liable for any incidental, special or consequential loss or damages, or
damages for loss of data, business or business opportunity, goodwill, anticipated savings,
profits or revenue arising under or in connection with this Website, these terms or any
Products or services provided by YMGG (except to the extent this liability cannot be
excluded under law.
(e) Nothing in these terms or any Order will exclude or limit a party’s liability for fraud or
intentional unlawful conduct by a party, or death or personal injury resulting from a party’s
negligence.
(f) To the extent that the provisions of any applicable law shall impose restrictions on the
extent to which liability can be excluded under these terms or an Order, including, for the
avoidance of doubt, the provisions of sections 3, 6 and 11 of the Unfair Contract Terms
Act 1977 in the UK (and its equivalent in any other jurisdiction) relating to the requirement
of reasonableness, the exclusions set out in this clause will be limited in accordance with
such restrictions. However, any exclusions of liability that are not affected by such
restrictions will remain in full force and effect
18 DISPUTE RESOLUTION
(a) A party claiming that a dispute has arisen under or in connection with these terms must
not commence court proceedings arising from or relating to the dispute, other than a
claim for urgent interlocutory injunction, unless that party has complied with the
requirements of this clause.
(b) A party that requires resolution of a dispute which arises under or in connection with this
agreement must give the other party or parties to the dispute written notice containing
reasonable details of the dispute and requiring its resolution under this clause.
(c) Once the dispute notice has been given, each party to the dispute must then use its best
efforts to resolve the dispute in good faith. If the dispute is not resolved within a period of
14 days (or such other period as agreed by the parties in writing) after the date of the
notice, any party to the dispute may take legal proceedings to resolve the dispute
19 THIRD PARTY RIGHTS
This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act
1999 to enforce any term of this agreement.
20 FORCE MAJEURE
(a) If a party (Affected Party) becomes unable, wholly or in part, to carry out an obligation
under this agreement (other than an obligation to pay money) due to a Force Majeure
Event, the Affected Party must give to the other party prompt written notice of:
(i) reasonable details of the Force Majeure Event; and
(ii) so far as is known, the probable extent to which the Affected Party will be
unable to perform or be delayed in performing its obligation.
(b) Subject to compliance with clause 20(a), the relevant obligation will be suspended during
the Force Majeure Event to the extent that it is affected by the Force Majeure Event.
(c) The Affected Party must use its reasonable endeavours to overcome or remove the
Force Majeure Event as quickly as possible.
(d) (d) For the purposes of this agreement, a ‘Force Majeure Event’ means any:
(i) act of God, lightning strike, meteor strike, earthquake, storm, flood, landslide,
explosion or fire;
(ii) strikes or other industrial action outside of the control of the Affected Party;
(iii) war, terrorism, sabotage, blockade, revolution, riot, insurrection, civil
commotion, epidemic, pandemic; or
(iv) any decision of a government authority in relation to COVID-19, or any threat of
COVID-19 beyond the reasonable control of the Affected Party, to the extent it
affects the Affected Party’s ability to perform its obligations
21 GENERAL
21.1 GOVERNING LAW AND JURISDICTION
This agreement and any dispute or claim (including non-contractual disputes or claims) arising out
of or in connection with it or its subject matter or formation shall be governed by and construed in
accordance with the law of England and Wales. Each party irrevocably agrees that the courts of
England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-
contractual disputes or claims) arising out of or in connection with this agreement or its subject
matter or formation.
21.2 WAIVER
No party to these terms may rely on the words or conduct of any other party as a waiver of any
right unless the waiver is in writing and signed by the party granting the waiver.
21.3 SEVERANCE
Any term of these terms which is wholly or partially void or unenforceable is severed to the extent
that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not
limited or otherwise affected.
21.4 JOINT AND SEVERAL LIABILITY
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or
benefits them jointly and severally.
21.5 ASSIGNMENT
A party cannot assign, novate or otherwise transfer any of its rights or obligations under these
terms without the prior written consent of the other party.
21.6 COSTS
Except as otherwise provided in these terms, each party must pay its own costs and expenses in
connection with negotiating, preparing, executing and performing these terms.
21.7 ENTIRE AGREEMENT
This agreement embodies the entire agreement between the parties and supersedes any prior
negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to
the subject matter of these terms.
21.8 INTERPRETATION
(a) (singular and plural) words in the singular includes the plural (and vice versa);
(b) (currency) a reference to £, or “pound”, is to pound sterling (GBP), unless otherwise
agreed in writing, and a reference to “$” or “dollar” is to USD, unless otherwise agreed in
writing;
(c) (gender) words indicating a gender includes the corresponding words of any other
gender;
(d) (defined terms) if a word or phrase is given a defined meaning, any other part of speech
or grammatical form of that word or phrase has a corresponding meaning;
(e) (person) a reference to “person” or “you” includes an individual, the estate of an
individual, a corporation, an authority, an association, consortium or joint venture
(whether incorporated or unincorporated), a partnership, a trust and any other entity;
(f) (party) a reference to a party includes that party’s executors, administrators, successors
and permitted assigns, including persons taking by way of novation and, in the case of a
trustee, includes any substituted or additional trustee;
(g) (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or
annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or
annexure to or of these terms, and a reference to these terms includes all schedules,
exhibits, attachments and annexures to it;
(h) (document) a reference to a document (including these terms) is to that document as
varied, novated, ratified or replaced from time to time;
(i) (headings) headings and words in bold type are for convenience only and do not affect
interpretation;
(j) (includes) the word “includes” and similar words in any form is not a word of limitation;
and
(k) (adverse interpretation) no provision of these terms will be interpreted adversely to a
party because that party was responsible for the preparation of these terms or that
provision.
21.9 NOTICES
(a) A notice or other communication to a party under this agreement must be:
(i) in writing and in English; and
(ii) delivered via email to the other party, to the email address specified in this
agreement, or if no email address is specified in this agreement, then the email
address most regularly used by the parties to correspond regarding the subject
matter of this agreement as at the date of this agreement (Email Address). The
parties may update their Email Address by notice to the other party.
(b) Unless the party sending the notice knows or reasonably ought to suspect that an email
was not delivered to the other party’s Email Address, notice will be taken to be given:
(i) 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a
public holiday in the state or territory whose laws govern this agreement, in
which case the notice will be taken to be given on the next occurring business
day in that state or territory; or
(ii) when replied to by the other party,
(iii) whichever is earlier