Fresh Face
Treatment Terms & Conditions
Background:
These Terms and Conditions are the standard terms which apply:
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to provide to customers of any Services (as “Services” is defined in Clause 1 below) by Fresh Face, namely Fresh Face 178 Kings Avenue, Greenford, Middlesex, UB6 9DF; and
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where the customer is a “Consumer” as defined by the Consumer Rights Act 2015.
1. Definitions and Interpretation
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.
“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 Fresh Face who receives Services for the customer’s personal use and for purposes wholly or mainly outside the purposes of any Business.
“Regulations” - means The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
“We/Us/Our” - means Fresh Face whose place of business and contact address is the same address as above.
“Services” - means any and all of the treatments, facilities, services, products and other goods and materials which we provide/use.
“You/Your” - means an individual who is a customer of Fresh Face.
Unless the context otherwise requires, each reference in these Terms and Conditions to:
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“these Terms and Conditions” is a reference to these Terms and Conditions
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a Clause or sub-Clause is a reference to a Clause of these Terms and Conditions
The headings used in these Terms and Conditions are for convenience only and shall not affect the interpretation of these Terms and Conditions.
Words signifying the singular number shall include the plural and vice versa.
References to any gender shall include the other gender.
2. Appointments
The Services which We offer are only available by appointment. You may book an appointment by email or by telephone.
Your request for a booking for an appointment will be an offer, but whether We accept any booking will be for Us to decide in 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;
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.
If You know You are going to be late for an appointment, You should contact Us to tell Us. If You arrive later than 30 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.
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.
If You do not give Us at least 4 hour 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 25% of the full price of the appointment. We will be entitled to deduct that charge from any sum (including, but not limited to any deposit) You paid in advance, and We shall refund the balance to You.
We may cancel an appointment booked by You at any time before the time and date of that appointment in the following circumstances:
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The required personnel and/or required materials necessary for the provision of the Services are not available
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An event outside of Our reasonable control continues for more than 1 hour
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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;
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.
3. Fees and Payment
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.
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:
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bank transfer
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cash
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.
All prices of Services shown in the Price List are inclusive of VAT.
4. Eligibility for Treatment
You confirm that, in connection with your request(s) to receive any Services from Us, You are and will be a “Consumer” as defined above.
We will not provide certain treatments to You unless You are aged 16 years or over. We may require evidence of Your age for that purpose.
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.
If You 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 above.
If You suffer from any allergy or a skin condition,, We may require You to take a patch test before We provide certain treatments.
We advise You not to have any waxing and/or facial treatments immediately before or after heat treatments or exercise.
If you are pregnant, We advise You not to have aromatherapy treatments during the first 3 months of Your pregnancy.
5. Our Rules
We do not permit You to:
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smoke or make or receive mobile phone calls at Fresh Face’s premises;
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be accompanied at Fresh Face’s premises by any child/ren under the age of 11 years as We do not have an appropriate member of staff to supervise them.
6. Limitation of Liability
We will 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. We will not be responsible for any loss or damage that is not foreseeable.
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.
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.
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:
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the Consumer Rights Act 2015
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the Regulations
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the Consumer Protection Act 1987
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any other consumer protection legislation
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)
We will only use Your personal information as set out in Our Privacy Policy.
9. Regulations
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.
10. Information
As required by the Regulations, all of the information which We give to You about any Services of Fresh Face 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.
11. Complaints
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 Fresh Face or any of Our staff, please raise the matter with Kirpal Sandhu who can be contacted at Fresh Face by phone, email or post.
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.
13. Severance
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
These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
As a consumer, you will benefit from any mandatory provisions of the law in your country of residence.
Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.