BACKGROUND:
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 Clinic, namely Our MD Center Limited trading as Our Skin Clinic
a company registered in England & Wales under number 13808951 whose
registered office is at Unit L, 19 Cellini Road, Nine Elms Point London SW8
2FQ; and
B. where the customer is a “Consumer” as defined by the Consumer Rights Act
2015.
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;
“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
Clinic 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;
“Clinic/We/Us/Our”
means Our Skin Clinic whose place of business and
contact address is the same address as above and
includes all employees and agents of the Clinic;
“Services”
means any and all of the treatments, facilities,
services, products and other goods and materials
which we provide/use; and
“You/Your”
means an individual who is a customer of the Clinic.
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. Appointments
2.1 The Services which We offer are only available by appointment except
during Our walk-in hours of Monday to Friday 10-7pm & Saturday 9
3pm. You may book an appointment in person at the Clinic, or through
Our website at www.ourskinclinic.uk or link or by phone 0204 547 6067
;
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 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 When You book an appointment, We may require You to pay Us a
deposit some or all of which We will be entitled to keep 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. Deposits shall be equal to 20% of
the price of the Services required;
2.4 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;
2.5 If You know You are going to be late for an appointment, You should
contact Us to tell Us. 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;
2.6 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;
2.7 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 up to 50% 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;
2.8 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;
2.9 We may cancel an appointment booked by You at any time before the
time and date of that appointment in the following circumstances:
2.9.1 The required personnel and/or required materials necessary for
the provision of the Services are not available; or
2.9.2 An event outside of Our reasonable control occurs 30 minutes; or
2.9.3 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 the 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 debit or credit card;
3.2.2 cash;
3.2.3 direct bank transfer; or
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.
4.
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
All prices of Services shown in the Price List are inclusive of VAT.
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 16 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 16
unless You have parental consent. We may require evidence of Your
age for that purpose;
4.4 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 in sub-Clause 2.6 above;
4.5 If You suffer from any allergy or a skin condition,, We may require You
to take a patch test before We provide certain treatments; and
4.6 We advise You not to have any waxing and/or facial treatments
immediately before or after heat treatments or exercise; and
4.7 If you are pregnant, We advise You not to have aromatherapy
treatments during the first 3 months of Your pregnancy.
5. Clinic Rules
We do not permit You to:
5.1 smoke at the Clinic’s premises; or
5.2 be accompanied at the Clinic’s premises by any child/ren under the age
of 10 as We do not have an appropriate member of staff to supervise
them;
6. Gift Vouchers
6.1 Gift vouchers are available from the Clinic Reception;
6.2 Gift vouchers are available in multiples of £10.00 and/or for specific
treatments;
6.3 Gift vouchers are valid either for the period specified on the gift voucher
or, where no period is specified, indefinitely; and
6.4 Gift vouchers may be redeemed only for treatments or products which
We provide at the Clinic and may not be redeemed partly or wholly for
cash.
7. Limitation of Liability
7.1 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;
7.2 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;
7.3 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;
7.4 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;
7.4.1 the Consumer Rights Act 2015;
7.4.2 the Regulations;
7.4.3 the Consumer Protection Act 1987; or
7.4.4 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.
8. 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.
9. How We Use Your Personal Information (Data Protection)
We will only use Your personal information as set out in Our Privacy Policy
available at www.ourskinclinic.com
10. 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.
11. Information
As required by the Regulations:
11.1 all of the information described in Clause 10; and
11.2 any other information which We give to You about any Services or the
Clinic 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
12. 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 the Clinic or any of Our staff, please raise the matter
with Suzelly Farias who can be contacted at the Clinic or by phone email or
post.
13. 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.
14. 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.
15. Law and Jurisdiction
15.1 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.
15.2 As a consumer, you will benefit from any mandatory provisions of the
law in your country of residence.
Nothing in Sub-Clause:
15.1 above takes away or reduces your rights as a consumer to rely on those
provisions.
15.3 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.