Terms and conditions of business

THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO THE PROVISIONS OF CLAUSE 8 (LIMITATION OF LIABILITY).

  1. Interpretation

The following definitions and rules of interpretation apply in these Conditions.

    1. Definitions:

Appointment: appointment booked by the Customer allowing DMA to provide the Services.

Business Day: a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.

Booking Fee: a non-refundable fee of £50.00 payable at the time the Order is made and which is deducted from the overall cost of the Services once the Appointment is completed.

Charges: the charges payable by the Customer for the supply of the Services in accordance with clause 5.

Conditions: these terms and conditions as amended from time to time in accordance with clause 9.3.

Contract: the contract between DMA and the Customer for the supply of Services in accordance with these Conditions.

Customer: the person who purchases Services from DMA.

DMA: DM Aesthetic Ltd registered in England and Wales with company number 10275747.

Order: the Customer’s order for Services via the Website.

Services: the beauty services supplied by DMA to the Customer.

Website: www.dmaestheticsltd.co.uk

    1. Interpretation:
      1. A reference to a statute or statutory provision is a reference to it as amended or re-enacted. A reference to a statute or statutory provision includes all subordinate legislation made under that statute or statutory provision.
      2. Any words following the terms including, include, in particular, for example or any similar expression, shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
      3. A reference to writing or written excludes fax but not email.
  1. Basis of contract
    1. The Order constitutes an offer by the Customer to purchase Services in accordance with these Conditions.
    2. The Order shall only be deemed to be accepted on completion of the booking process when the Customer has paid the Booking Fee at which point and on which date the Contract shall come into existence.
    3. Any pictures, descriptive matter or advertising issued by DMA, and any descriptions or illustrations contained in DMA’s catalogues, brochures or websites are issued or published for the sole purpose of giving an approximate idea of the Services and prices described in them. They shall not form part of the Contract or have any contractual force.
    4. These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.
  2. Supply of Services
    1. DMA shall supply the Services to the Customer using reasonable care and skill.
    2. DMA reserves the right to amend the Services if necessary to comply with any applicable law or regulatory requirement, or if the amendment will not materially affect the nature or quality of the Services, and DMA shall notify the Customer in any such event.
  3. Customer’s obligations
    1. The Customer shall;
      1. co-operate with DMA in all matters relating to the Services;
      2. provide DMA with such information as DMA may reasonably require in order to supply the Services and ensure that such information is complete and accurate in all material respects.
  4. Booking, Booking Fee, Charges and payment
    1. The Customer shall book the Services via the Website.
    2. Services booked via the Website are subject to the Booking Fee.
    3. The Charges for the Services shall be the price quoted on the Website or as otherwise notified to the Customer at the time of booking the Appointment inclusive of the Booking Fee.
    4. The Customer will pay the cost of the Services at the conclusion of the Appointment minus the Booking Fee.
  5. Data protection

DMA shall comply with their data protection obligations in accordance with their Privacy Policy.

  1. Limitation of liability: THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE.
    1. DMA has obtained insurance cover in respect of its own legal liability for individual claims.
    2. References to liability in this clause 7 include every kind of liability arising under or in connection with the Contract including liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
    3. Nothing in this clause 7 shall limit the Customer’s payment obligations under the Contract.
    4. Nothing in the Contract limits any liability which cannot legally be limited, including but not limited to liability for:
      1. death or personal injury caused by negligence;
      2. fraud or fraudulent misrepresentation; and
      3. breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
    5. Subject to clause 7.4, DMA’s total liability to the Customer for all other loss or damage shall not exceed the fees paid by the Customer under the Contract.
    6. DMA has given commitments as to compliance of the Services with relevant specifications in clause 3. In view of these commitments, the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.
    7. Unless the Customer notifies DMA that it intends to make a claim in respect of an event within the notice period, DMA shall have no liability for that event. The notice period for an event shall start on the day on which the Customer became, or ought reasonably to have become, aware of its having grounds to make a claim in respect of the event and shall expire 1 month from that date. The notice must be in writing and must identify the event and the grounds for the claim in reasonable detail.
    8. This clause 7 shall survive termination of the Contract.
  2. Termination
    1. DMA can reschedule the Appointment at any time.
    2. The Customer may reschedule the Appointment on 7 days’ prior written notice before the Appointment.
    3. If the Customer decides to terminate the Contract and not reschedule the Appointment, the Booking Fee shall be non-refundable.
    4. If the Customer decides to reschedule the Appointment in accordance with clause 8.2, the Booking Fee will be transferred and used against the future booking. For all purposes the Booking Fee remains strictly non-refundable.
  3. General
    1. Force majeure. Neither party shall be in breach of the Contract nor liable for delay in performing, or failure to perform, any of its obligations under the Contract if such delay or failure result from events, circumstances or causes beyond its reasonable control.
    2. Entire agreement.
      1. The Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
      2. Each party acknowledges that in entering into the Contract it does not rely on, and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in the Contract.
      3. Nothing in this clause shall limit or exclude any liability for fraud.
    3. Variation. Except as set out in these Conditions, no variation of the Contract shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
    4. Waiver. A waiver of any right or remedy under the Contract or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. A failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under the Contract or by law shall prevent or restrict the further exercise of that or any other right or remedy.
    5. Severance. If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this agreement. If any provision or part-provision of this Contract deleted under this clause 9.5 the parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.
    6. Third party rights.
      1. Unless it expressly states otherwise, the Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.
      2. The rights of the parties to rescind or vary the Contract are not subject to the consent of any other person.
    7. Governing law. The Contract, 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.
    8. Jurisdiction. 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 the Contract or its subject matter or formation.