These Terms and Conditions are the standard terms which apply:
A. to provision to customers of any Services (as “Services” is defined in Clause 1 below) by the Clinics known as Helen Taylor Permanent Cosmetics Limited (Company number 08338181) and Helen Taylor Aesthetics Limited (Company number 090757618) 155d Bilton Road, Rugby, Warwickshire CV22 7DS; and
B. where the customer is a “Consumer” as defined by the Consumer Rights Act 2015.
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Business” means any business, trade, craft, or profession carried on by You or any other person/organisation;
“Clinics/We/Us/Our” means Helen Taylor Permanent Cosmetics Limited and Helen Taylor Aesthetics Limited whose place of business and contact address is the same address as above;
“Consent Form” means the written form recording Your informed consent to Treatment required by Us and given to You before any Treatment commences.
“Consumer” means a “consumer” as defined by the Consumer Rights Act 2015, and in relation to these Terms and Conditions means an individual customer of the Clinics who receives Services for the customer’s personal use and for purposes wholly or mainly outside the purposes of any Business;
“Finance” means a credit product applied for through Helen Taylor Permanent Cosmetics Limited acting as a credit broker for Shawbrook Bank Limited. Helen Taylor Permanent Cosmetics Limited is authorised and regulated by the Financial Conduct Authority under registration number 719485. Credit provided subject to age, status and affordability.
“Personal and Non-commercial Use” means that services are provided to You on the understanding that You may not re-sell, deep-link, use, copy, monitor (e.g. spider, scrape), display, download or reproduce any content, information, software, products or services available on the Clinics’ website or properties for any commercial or competitive activity or purpose;
“Price List” means the Clinics’ standard price lists for all of the Services which We offer;
“Regulations” means The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013;
“Risks” means the risks inherent in the provision of the Services including but not limited to allergic reaction to a Treatment, minor bruising, swelling, flaking, tenderness, dryness, corneal abrasion and infection in and around the area of Treatment following a Treatment.
“Services” means any and all of the cosmetic and aesthetic treatments, facilities, services, products and other goods and materials which we provide/use for Personal and Non-commercial Use; and
“Website” means www.permanentcosmeticsrugby.co.uk.
“You/Your” means an individual who is a customer of the Clinics.
1.2 Unless the context otherwise requires, each reference in these Terms and Conditions to:
1.2.1 “these Terms and Conditions” is a reference to these Terms and Conditions; and
1.2.2 a Clause or sub-Clause is a reference to a Clause of these Terms and Conditions;
1.3 The headings used in these Terms and Conditions are for convenience only and shall not affect the interpretation of these Terms and Conditions;
1.4 Words signifying the singular number shall include the plural and vice versa; and
1.5 References to any gender shall include the other gender.
2.1 The Services which We offer are only available by appointment. You may book an appointment in person at the Clinics, via telephone, email or Facebook message.
2.2 Your request for a booking for an appointment will be an offer, but whether We accept any booking will be for Us to decide at Our discretion. Only if and when We tell You that We accept Your request for a particular appointment, will there be a binding contract between You and Us. If You wish to make a booking for two or more appointments by means of a single booking and in Our discretion We accept that booking, Our contract with You will be for all of the appointments concerned.
2.3 Initial consultation appointments are free unless You book an initial consultation appointment via the Clinics’ website. Initial consultation appointments are chargeable at £35 if booked through the Clinics’ website.
2.4 When You book an appointment for a first treatment, We require You to pay Us a Deposit of £100, which is non-refundable as set out in sub-Clause 2.7 below if You later cancel the appointment without giving Us prior notice of at least 24 hours. No deposit will be payable if You have completed an application for Finance which has been approved.
2.5 We will not reserve or guarantee any particular date and/or time which You request for any Services unless You book an appointment for that time/date and We have received full payment of Your Deposit or you have completed an application for Finance which has been approved;
2.6 If You know You are going to be late for an appointment, You should contact Us to tell Us no less than 10 minutes before Your appointment time. If You arrive later than 10 minutes after an appointment time, We will try to provide the Services You have booked but if We decide that We cannot, the appointment will be treated as cancelled without notice by You and, if We then decide to make a charge for that appointment cancelled without notice, sub-Clause 2.7 below will apply;
2.7 You may cancel an appointment without charge if You give Us at least 24 hours’ prior notice of the cancellation, and if You do so We will refund to You any sum (including, but not limited to any deposit) You paid in advance;
2.8 If you re-book a first treatment appointment having paid a Deposit this Deposit will be transferred to your new booking. However, should you cancel and rebook after making a second booking any subsequent transfer of your Deposit will be at the Clinics’ discretion.
2.9 If You do not give Us at least 24 hours’ prior notice of cancellation of an appointment, We will be entitled to charge You for any net financial loss that We suffer due to Your cancellation but not more than Your Deposit. We will be entitled to deduct that charge from any sum (including, but not limited to Your Deposit) You paid in advance, and We shall refund the balance to You;
2.10 If, due to exceptional circumstances including, but not limited to, illness, accidents and bereavement, You cancel an appointment without giving Us at least 24 hours’ prior notice, We will consider the circumstances and in Our discretion decide whether to waive any charge for late cancellation that We are entitled to make under sub-Clauses 2.5 and 2.7;
2.11 We may cancel an appointment booked by You at any time before the time and date of that appointment in the following circumstances:
2.11.1 The required personnel and/or required materials necessary for the provision of the Services are not available; or
2.11.2 An event outside of Our reasonable control continues for more than seven days; or
2.11.3 We find that you are not a “Consumer” (as defined in Clause 1 above);
If We cancel an appointment in such circumstances We will refund to You in full any deposit or other advance payment that You have made to Us for that appointment;
2.10 We will use all reasonable endeavours to start the Services at the appointment time which You have booked, but the start may be delayed by overrun of a previous appointment or by other circumstances. If a delay to the start is at least 30 minutes, or, if at any time before or after You arrive for an appointment We notify You that there will be a delay of at least that time, You may cancel the appointment and We will refund to You in full any deposit or other advance payment that You have made to Us for that appointment; and
2.11 Where the contract We make with You is not made on Our premises, the Regulations give You the rights set out in this sub-Clause 2.11, and they will be in addition to the rights given to You by the above provisions of this Clause 2. You may for any reason cancel a booking during the 14 day period after We accept that booking, but if the booking includes any appointment(s) on a date which is before the end of that period, and if You have expressly requested Us to provide any Services at that or those appointment(s) and We do so, You may not cancel that or those requested appointment(s) and You must pay for them in accordance with Clause 3, and You may only cancel any other appointment(s) covered by that booking. If You request that Your booking be cancelled, You must confirm this in any way convenient to You. If You cancel as allowed by this Sub-clause 2.11, and You have already made any payment(s) to Us for the booking, We will refund the payment(s) to You within 14 days of receiving Your cancellation less the amount due for the appointment(s) covered by that booking that You have attended.
3. Fees and Payment
3.1 You must pay in accordance with Our Price List for all Services on completion of those that We have fully and correctly provided to You;
3.2 You may pay Us for Services (and for any deposit or other advance payment on account of that payment) using any of the following methods:
3.2.1 Credit/debit card;
3.2.2 Cash; or
3.2.3 pre-approved Finance.
3.3 We may alter Our prices without prior notice, but if the price of any Services increases between the time when You book an appointment and the date of the appointment, the price increase will not apply to Your appointment for those Services on that date; and
3.4 All prices of Services shown in the Price List are inclusive of VAT where applicable.
4. Eligibility for Treatment
4.1 You confirm that, in connection with your request(s) to receive any Services from Us, You are and will be a “Consumer” as defined in Clause 1 above;
4.2 We will not provide certain treatments to You unless You are aged 18 or over. We may require evidence of Your age for that purpose;
4.3 We will not provide certain treatments to You if You are aged under 18 unless You have parental consent. We may require evidence of Your age for that purpose;
4.4 You accept and agree that We will provide advice and treatment plans based on the information provided by You. Our advice and treatment is not a clinical treatment plan and it is not mandatory for You to follow Our advice and treatment;
4.5 We are entitled to rely without further enquiry of You on the consent to Treatment given by You on the Consent Form;
4.6 If You are pregnant or have a medical condition, certain treatments may be unsuitable for You. We advise You to tell Us of any medical condition or on-going medical treatment when You book an appointment. If You do not tell Us at that time We will be entitled not to provide a treatment (or part of it) and to treat the appointment (or the affected part of it) as cancelled by You without notice, in which case We may make a charge to You for the cancelled appointment (or part of it) as set out in sub-Clause 2.6 above;
4.7 If You suffer from any allergy or a skin condition, We may require You to take a patch test before We provide certain Treatments.
5. Clinics Rules
We do not permit You to:
5.1 smoke at the Clinics’ premises;
5.2 make or receive mobile phone calls during Your Treatment; or
5.3 be accompanied at the Clinics’ premises by any child/ren under the age of 12 as We do not have an appropriate member of staff to supervise them.
6. Limitation of Liability
6.1 We will only be responsible for any foreseeable loss or damage that You may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by You and Us when Our contract with You is created.
6.2 You agree that You accept Treatments at Your own risk and that We will not be responsible for any loss or damage that is not foreseeable including effects or adverse reactions that occur after We complete Your Treatment;
6.3 You agree that you will follow any recommendations We may give you for aftercare;
6.4 You agree that your personal skin characteristics may create Risks which are beyond our control and for which you will take sole responsibility;
6.5 We provide or sell all Services to You only for Your personal and private use/purposes. We make no warranty or representation that products, or other goods or materials that We provide or sell to You are fit for commercial, business, industrial, trade, craft or professional purposes of any kind (including resale). We will not be liable to You for any loss of profit, loss of business, interruption to business or for any loss of business opportunity;
6.6 Nothing in these Terms and Conditions is intended to or will exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors) or for fraud or fraudulent misrepresentation;
6.7 Furthermore, if you are a “consumer” as defined by the Consumer Rights Act 2015, or a consumer for the purposes of any other consumer protection legislation, nothing in these Terms and Conditions is intended to or will exclude, limit, prejudice, or otherwise affect any of Our duties or obligations to You, or Your rights or remedies, or Our liability to You, under:
6.7.1 the Consumer Rights Act 2015;
6.7.2 the Regulations;
6.7.3 the Consumer Protection Act 1987; or
6.7.4 any other consumer protection legislation
as that legislation is amended from time to time. For more details of Your legal rights, please refer to Your local Citizens’ Advice Bureau or Trading Standard Office.
7. Changes to Terms and Conditions
We may from time to time change these Terms and Conditions without giving You notice, but We will use Our reasonable endeavours to inform You as soon as is reasonably possible of any such change.
8. How We Use Your Personal Information (Data Protection)
8.1 In so far as the Services involve Us in collecting, using, or holding or otherwise processing any Data obtained from You which is personal data (including, but not limited to, Your name and address), We shall only do so with Your express consent and in accordance with any lawful instructions reasonably given by You from time to time, and the provisions of the Data Protection Act 1998 and Your rights under that Act and these Terms and Conditions;
8.2 We may use Your personal information as follows:
8.2.1 to provide Our Services to You;
8.2.2 to process Your payment for the Services;
8.2.3 in certain circumstances (if, for example, You wish to pay for the Services on credit), and with Your consent, We may pass Your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 1998 and should use and hold Your personal information accordingly; and
8.2.4 We will not pass on Your personal information to any other third parties without first obtaining Your express permission.
We are required by the Regulations to ensure that certain information is given or made available to You as a Consumer before We make Our contract with You (i.e. before We accept Your request to make a booking) except where that information is already apparent from the context of the transaction. We have included the information itself either in these Terms and Conditions for You to see now, or We will make it available to You before We accept Your request to make a booking. All of that information will, as required by the Regulations, be part of the terms of Our contract with You as a Consumer.
As required by the Regulations:
10.1 all of the information described in Clause 9; and
10.2 any other information which We give to You about any Services or the Clinics which You take into account when deciding to make a booking or when making any other decision about the Services;
will be part of the terms of Our contract with You as a Consumer
We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that Your experience as a customer of Ours is a positive one, We nevertheless want to hear from You if You have any cause for complaint. If You have any complaint about Our Services or any other complaint about the Clinics or any of Our staff, please ask for a copy of Our Complaints Policy.
12. No Waiver
No failure or delay by Us or You in exercising any rights under these Terms and Conditions means that We or You have waived that right, and no waiver by Us or You of a breach of any provision of these Terms and Conditions means that We or You will waive any subsequent breach of the same or any other provision.
If any provision of these Terms and 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 Terms and Conditions and the remainder of the provision in question shall not be affected.
14. Law and Jurisdiction
14.1 These Terms and Conditions and the relationship between You and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with English Law; and
14.2 Any dispute, controversy, proceedings or claim between You and Us relating to these Terms and Conditions (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England.