Terms and Conditions
1. These terms
1.1 These are the terms and conditions that apply to your Happy Balance Club Subscription.
1.2 Please read these terms carefully. These terms tell you who we are, the terms and conditions that apply to your Happy Balance Club Subscription, how you and we may change or end your Happy Balance Club Subscription, what to do if there is a problem and other important information.
2. Information about us and how to contact us
2.1 We are Gilly Beans Ltd, a company registered in England and Wales with company registration number 07243852, trading as Chatty Flamingo. Our registered office is at F7, Mills House, Mills Way, Boscombe Down Business Park, Amesbury, SP4 7AU. References to “us” or “we” in these terms are to Chatty Flamingo.
2.2 You can contact us by writing to us at email@example.com.
2.3 If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us when you applied for your Happy Balance Club Subscription.
2.4 When we use the words "writing" or "written" in these terms, this includes emails.
3. Our contract with you
3.1 Your contract with us (and therefore these terms and conditions) commences when you apply for your Happy Balance Club Subscription and make your first payment to us in respect of your Happy Balance Club Subscription.
3.2 We are entitled to refuse any Happy Balance Club Subscription for any reason.
4. Happy Balance Club Subscription
4.1 You are signing up to a six month subscription. Your payment card will be charged upon sign up, then on the same date monthly moving forwards.
4.2 Your Happy Balance Club Subscription will remain active after the initial six month period, provided you continue to pay us your monthly subscription fee in the amount you confirmed when signing up for your Happy Balance Club Subscription. Your Happy Balance Club Subscription will end in accordance with these terms and conditions.
4.2 Your attention is specifically drawn to this paragraph 4.2 as it relates to the expiry of any credit applied to your Happy Balance Club Subscription account. When you become a member of the Happy Balance Club and the relevant subscription fees are paid to us, you will start to accrue credit on Happy Balance Club Subscription account. You must use your monthly credit within 30 days. Treatments and Services cannot roll into the following month. If you do not book your treatment before your next payment, that treatment is lost.
4.3 You have a legal right to change your mind within 14 days of signing up for a Happy Balance Club Subscription (“the cooling off period”), and in that case you will receive a refund of any unused credit (please note we will not be able to provide a refund in these circumstances if you have used your Happy Balance Club Subscription to book treatments from the Chatty Flamingo website).
4.4 You may cancel your Happy Balance Club Subscription after six months. If you cancel your Happy Balance Club Subscription in these circumstances then the following terms apply:
4.4.1 You will not be entitled to a refund of any credit balance in Happy Balance Club Subscription account (unless clause 4.4.3 applies);
4.4.2 You may still use any credit balance in your Happy Balance Club Subscription to purchase treatments from the Chatty Flamingo website. You will be entitled to the discount attached to your Happy Balance Club Subscription until the end of your billing cycle. Following cancellation of your Happy Balance Club Subscription, you will not be entitled to the discount attached to your Happy Balance Club Subscription from the date exactly 1 month after your last payment. Please remember that your Happy Balance Club Subscription credit will continue to expire on the date falling 6 months from the date of purchase, even if you have cancelled your Happy Balance Club Subscription.
4.4.3 You may be entitled to a refund of any credit balance in Happy Balance Club Subscription account if you have been unable to use that credit balance to purchase treatments or other services from the Chatty Flamingo website as a result of a failure by us to make such treatments or services available via the Chatty Flamingo website (other than where this is as a result of matters outside of our control).
5. Skipping payments
5.1 If you have skipped a payment, you can continue to use any remaining credit in your Happy Balance Club Subscription account until expiry of the credit in accordance with these terms and conditions, but you will not be entitled to the discount attached to your Happy Balance Club Subscription for the purchase of treatments or services on the Chatty Flamingo Website.
5.3 After your skipped payment, payments will automatically resume for your monthly subscription in the amount you confirmed when signing up for your Happy Balance Club Subscription.
5.4 We reserve the right to refuse to skip payments for any reason and redirect you to cancel your membership instead.
6. How to end the contract with us
6.1 Once you have reached the end of your six month subscription, to end your Happy Balance Club Subscription, please let us know by emailing us at firstname.lastname@example.org before the date of your next billing due date (otherwise we will continue to take payments for your Happy Balance Club Subscription).
6.2 If you are entitled to a refund according to the terms set out in paragraph 4.4, we will refund you any remaining credit that has not been used to purchase treatments or services from the Chatty Flamingo website.
6.3 We will make any refunds due to you as soon as possible. Your refund will only be made to the debit or credit card which you used to purchase the services.
7. Our rights to end the contract
7.1 We may end your Happy Balance Club Subscription at any time by writing to you in the event of a violation of our general terms and conditions mentioned in section 10. If we terminate your Happy Balance Club Subscription in such circumstances, you will not be able to use any remaining credit on your account, you will not be entitled to the discount attached to your Happy Balance Club Subscription and no refund will be paid to you.
7.2 We may end your Happy Balance Club Subscription at any time by writing to you. If we end the contract, and excluding cases falling under paragraph 7.1, you can continue to use any remaining credit in your Happy Balance Club Subscription account until expiry of the credit in accordance with these terms and conditions, but no refund will be paid and you will not be entitled to the discount attached to your Happy Balance Club Subscription for the purchase of treatments or services on the Chatty Flamingo website.
8. If there is a problem with the services
If you have any questions or complaints about the services, please contact us. You can write to us at email@example.com.
9. How we may use your personal information
10. Our general terms and conditions
Where you use credit from your Happy Balance Club Subscription to purchase treatments or services using the Chatty Flamingo website, your use of such services is subject to our general terms and conditions, which can be found here: https://chattyflamingo.com/terms-and-conditions
11. Modification of terms
We may modify the terms and conditions that apply to your Happy Balance Club Subscription at any time by giving written notice to you. We will provide you with reasonable notice of any such modifications. If you do not agree to any changes, you must stop using your Happy Balance Club Subscription and terminate your contract with us according to the terms set out in paragraph 6. We may also change, suspend, terminate or discontinue any aspect of your Happy Balance Club Subscription for any reason including but not limited to monthly commitment amounts, discount amounts, credit expiry terms, credit roll over terms, cancellation terms and third party partner perks.
12. Other important terms
12.1 We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this.
12.2 You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
12.3 No other person shall have any rights to enforce any of its terms. We do not need the consent of any third party to amend these terms and conditions.
12.4 Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
12.5 If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
12.6 These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
Chatty Flamingo reserve the right, without notice and in its sole discretion, to terminate your account/subscription and/or to block your use of the Site.
Changes to Site Terms
By accessing, subscribing to Time Out Facial Box, or using any Chatty Flamingo operated Site or mobile application (or any content, service), (collectively, the “site”), you agree to abide and be bound by the terms described herein.
Online Purchases and Terms of Sale
Registration: For courses and subscriptions you are required to create an account in order to purchase from our Site.
Subscribing: By subscribing you agree to pay your subscription fee for the goods that are delivered for the term agreed by both parties.
Any introductory discount applies on the 3 month subscription means your first month is an introduction month. It also means you have a minimum of another 3 payments due on your commitment term before you can cancel.
Subscription Renewal: By signing up to a Time Out Facial Box subscription you understand and agree you will be charged at the standard rate and that any promotional codes used as a new customer at signup do not transfer or apply to your renewal fee. The Company do not accept any responsibility or offer refunds for ‘auto renewals’ proceeding if you have failed to cancel your subscription before your next renewal date. You understand and agree that you will be automatically billed after your current subscription of 1 months expires unless the subscription is ‘set to cancel’ before your final payment date in your initial commitment. Or you have purchased a one off gift box.
YOUR SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL AND, IF YOU CANCEL YOUR MEMBERSHIP BEFORE THE END OF AN EXISTING SUBSCRIPTION PERIOD, YOU WILL BE CHARGED FOR THE REMAINDER OF THAT SUBSCRIPTION PERIOD.
IF YOU DO NOT CANCEL YOUR MEMBERSHIP PRIOR TO YOUR SUBSCRIPTION RENEWAL. YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR A NEW SUBSCRIPTION PERIOD OF THE SAME AMOUNT OF TIME.
Cancellation: You may cancel your subscription by logging into your account on the Chatty Flamingo website at any time. This does not initiate any kind of refund if you fail to cancel before the renewal date.
Your subscription is continuous until you cancel and, if you cancel your membership before the end of an existing subscription commitment period, you will be charged for the remainder of that subscription period.
By Chatty Flamingo stating you can cancel at anytime this directly refers to the renewal and not your commitment term.
Any discounts given on the first month of a new subscription are applied on the assumption you stay subscribed for the entire initial commitment period. If you request to cancel before the end of the initial commitment you no longer qualify for any discount on any boxes and must pay the one month rate for any box you received a discount on.
Chatty Flamingo does not offer a ‘free trial’ or ‘£1 trial’ unless stated. You can only cancel after the first box if you select a month to month subscription. A 3 Month subscription is different and you have agreed to stay for the entire subscription period. This policy protects the company from abuse of our discount systems given to new members who want to join up on a new subscription. If you agree to a 3 month subscription you need to stay for the full commitment period. Normal month to month subscriptions can be cancelled at any point.
Chatty Flamingo’s Time Out Facial Box discounts are one per household.
The Time Out Facial Box is a subscription service, by signing up you agree it is your responsibility to cancel your own subscription by logging into your account profile. The Company do not accept responsibility to cancel your account on your behalf. It is up to the customer alone to cancel the subscription. Cancellations must be completed before the next renewal date. Your subscription will renew on the same date of the month that you signed up after your commitment period ends. EG You sign up for 3 months on the 5th of June your membership will automatically renew on September 5th.
You must cancel your subscription 72 hours before the renewal date. IF YOU DO NOT CANCEL PRIOR TO THE RENEWAL DATE OF A CALENDAR MONTH, YOU WILL BE CHARGED FOR THAT MONTH’S SERVICE AND YOU WILL RECEIVE A Time Out Facial Box. All cancellation requests received after the renewal date of a calendar month will apply to the following calendar month.
Billing & Payments: You will automatically be charged each month for your ongoing subscription. If you have committed to a subscription period lasting longer than one month (e.g. a three month plan), you will automatically be charged each month during that subscription period, even if you have set your subscription or membership to cancel prior to the end of that subscription period. Further, unless you cancel your subscription or membership prior to the end of your then-current subscription period, at the end of that period, your subscription will automatically be renewed for an additional subscription period of the same amount of time.
Prepaid credit / debit cards are not accepted.
For your convenience and continuous subscription benefits as a member, if your payment method reaches its expiration date, you do not edit your credit card information and you have an ongoing subscription, you authorise us to continue billing that credit card on file including extending the expiration date until we are notified by you or the credit card company that the account is no longer valid. We encourage you to constantly update your payment method information or cancel your membership should you wish to discontinue your monthly purchase of Products.
Your Personal Data: Your security is paramount to us. We use a reputable third party to process all payments ‘Stripe Europe Ltd’ (Data Protection Ref: 13901/A) and Paypal, and you agree that we can store your information with this party. You also acknowledge that we will not be held responsible for any third party security breaches.
Shipping: Our listed prices include shipping fees unless otherwise stated. All orders placed on our website are subject to availability. Products will be shipped according to our Site shipping terms.
Loss of Goods: Our Royal Mail delivery company is responsible for the delivery of all goods ordered. Should your box not arrive within 7 days of your payment renewal date please contact us via email.
Return / Refund Policy: All sales and subscriptions made on our Site are considered final. The Company has a return policy in line with distance selling laws, if there is a problem or defect with any product delivered by Chatty Flamingo we will do our utmost to rectify the problem, if you ‘do not like’ the product, then the product can be returned at the customers expense, as stated by distance selling laws. Products must be returned unopened, unused and intact. If the products have been opened/used we will not accept a return or offer any refund, by subscribing you agree to these terms. Please refer to our FAQ page, or you can contact customer service at firstname.lastname@example.org.
It would be the customers responsibility to cancel the subscription when they want.
Correspondence: We send e-mail correspondence and newsletters following orders and registration by members. You can opt out of these at anytime.
Pricing/Errors: Product prices and product availability are subject to change without notice. We may cancel any offer and reserve the right to correct errors, including after an order has been submitted, whether or not your credit/debit card has been charged. If your credit/debit card has already been charged and your order is cancelled, the Company will issue a refund to your credit/debit card account in the amount of the charge. You accept that your subscription being ‘auto renewed’ on the date advised at sign up is not considered an error liable for refund.
Order Acceptance/Confirmation: We reserve the right at any time after receipt of your order to accept or decline your order. The Company reserves the right to decline sales to any party.
Warranty: You are responsible for deciding if the products you receive are suitable for you (including allergies, choking, and all other hazards). You agree that the sole solution for any damage arising from using our products will be credited towards your next subscription as decided by Chatty Flamingo. We will not offer any compensation under any circumstance.
Site and Contents Ownership
The Site is owned by Chatty Flamingo. All of the content displayed on the Site, including, but not limited to, text, graphics, data, photographic images, moving images, sound, illustrations, software and the selection and arrangement thereof (“Chatty Flamingo”) its licensors or its third-party image partners. All elements of the Site, are protected by copyright, trade dress, moral rights, trademark and other laws relating to the protection of intellectual property.
Use of the Site
All content is intended for customers of Chatty Flamingo. You may not use the Site or for any purpose not related to your business with Chatty Flamingo. You are prohibited from: (a) copying or re-transmitting any or all of the Site or content without a written agreement from Chatty Flamingo; (b) using any data mining, robots or similar data gathering or extraction methods; (c) registering, subscribing, unsubscribing or attempting to register, subscribe or unsubscribe any party for any Chatty Flamingo product or service if you are not authorized to do so; (d) modifying any part of the Site or Chatty Flamingo (e) disabling or interfering with security-related features of the Site or any system resources, services or networks connected to or accessible through the Site; (f) selling, licensing or leasing any content without specific written authorisation from Chatty Flamingo and (g) using the Site other than for its intended purpose. (h) Additionally, you agree not to use the Site or contents in any manner that could damage the reputation of the company.
All logos, designs and trademark and any other product or service name or slogan contained in the Site are trademarks of Gilly Beans Ltd t/a Chatty Flamingo and its suppliers or licensers, and may not be copied, imitated or used, in whole or in part, without the prior written permission of the company or the applicable trademark holder. In addition, the design of the Site, including all page headers, custom graphics, button icons and scripts, may not be copied, without written permission.
Your participation, correspondence or business dealings with any third party found on or through the Site, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that Chatty Flamingo shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.
Interactive Services or Areas
By using any Interactive Areas, you agree not to upload or create or otherwise publish through the Site any of the following: a. Any data, information, text, music, sound, comment, photos, graphics, code or other material (“User Content”) that is defamatory, obscene, pornographic, harmful to minors, indecent, lewd, unlawful, invasive of privacy or publicity rights or abusive; b. Viruses, corrupted data or other harmful, disruptive or destructive files; and c. Unsolicited promotions, political campaigning, advertising, junk mail, spam, chain letters, pyramid schemes or solicitations;
Registration Data and Account Security
By using the Site or subscribing to Chatty Flamingo you agree to: (a) provide accurate information about you on the Site (“Registration Data”); (b) maintain and promptly update the Registration Data, and any other information you provide to Company; (c) maintain the security of your password; (d) notify us immediately of any breach of security connected with your account; (e) accept all responsibility for any and all activities that occur under your account; and (f) accept all risks of unauthorised access to the data and any other information you provide.
You agree to defend, Chatty Flamingo affiliates, licensers, subsidiaries, independent contractors, investors, employees, agents, third party information providers and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) issues arising out of or related to anything connected to the contents of your Time Out Facial Box.
You also agree to defend, indemnify and hold harmless Chatty Flamingo, its affiliates, licensers, subsidiaries, independent contractors, investors, employees, agents, third party information providers and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to anything related to User Content that you post, store or otherwise transmit on or through the Site, your conduct, your use or inability to use the Site, your breach or alleged breach of the Site Terms or of any representation or warranty contained herein, your unauthorised use of the Time Out Facial Box. Content, or your violation of any rights of another.
Chatty Flamingo will not be liable for any damages of any kind arising from contents contained within your Time Out Facial Box (including but not limited to, personal injury, pain and suffering, emotional distress, choking, medical complaints, skin and any irritations and reactions, death or injury to any animal or person). The Time Out Facial Box should be kept out of reach of children. You accept responsibility to keep the contents away from all of the above.
You, not Chatty Flamingo, assume the entire cost of all necessary, medical bills, or any arising legal fees or bills whatsoever due to your subscription to Time Out Facial Box. And our services including our products and Time Out Facial Box.
Chatty Flamingo will not be liable for any damages of any kind arising from the use of the site or content, including, but not limited to lost profits, and direct, indirect, incidental, punitive and consequential damages. We make no warranty that the site is free from infection by viruses or anything else that has contaminating or destructive properties.
Limitation of Liability
In no event shall Chatty Flamingo, it’s directors, investors, employees or agents be liable for any direct, indirect or consequential damages, or any other damages of any kind, including but not limited to death, illness, medical complaints, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of the site, our products, the services, Chatty Flamingo, Time Out Facial Box Content or the materials contained in or accessed through the site, including without limitation any damages caused by mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorised access to Chatty Flamingo’s records, programmes or services. You agree total cumulative liability shall not exceed the amount paid to Chatty Flamingo for that calendar month in question.
UK law shall apply to these Terms, and the parties agree to submit all disputes between them to the exclusive jurisdiction of the UK courts.
Chatty Flamingo reserve the right, without notice and in its sole discretion, to terminate your account/subscription and/or to block your use of the Site.
Changes to Site Terms