Terms and Conditions
1.1 Throughout these Terms & Conditions “We”, “Us” and “Our” are all references to the provider of the Services; namely ‘Julia O’Dwyer Limited trading as Julia O’Dwyer Permanent Cosmetics and Lashes’;
1.2 Throughout these Terms & Conditions “You” or “Your” are references to the client contracting with Us under these Terms & Conditions.
2.1 “Consent Form” means the prescribed written form recording the informed consent to Treatment required by Us and given by You before any Treatment commences.
2.2 “Booking Fee” means the non-refundable booking fee of £50 payable under Clause 3.1 before any Treatment commences (if the treatment price exceeds £65) .
2.3 “Follow Up Treatment” means the treatment which follows and is complimentary to the Initial Treatment and which is free of charge on the strict condition that it is booked at the time of Your Initial Treatment and is then undertaken within 12 weeks of Your Initial Treatment.
2.4 “Guidance Sheets” mean the explanatory guidance sheets relating to Permanent Make Up and the Services which are provided by Us to You at the Initial Consultation.
2.5 “Initial Consultation” means the free 15 minute consultation with one of Our Technicians where Our Services are initially discussed with a view to You deciding if You would like to have any Treatment. (over the phone or in person)
2.6 “Permanent Make Up” means both the process and result of permanent implantation of coloured pigmentation into skin for cosmetic purposes.
2.7 “Price” means the current Price (inclusive of VAT) of any Treatment as advertised on the Website on the date when you book an appointment for Treatment and pay the Deposit.
2.8 “Risks” means the risks inherent within the business of providing the Services including (but not to the exclusion of any others) the risk of allergic reaction to any Treatment; the risks of minor bruising, swelling, flaking, tenderness, dryness and corneal abrasion following Treatment and the risk that the colour of the Permanent Make Up after Treatment will not precisely match the pigmentation colour chosen by You before Treatment.
2.9 “Services” mean those permanent make up procedures and services (either collectively or individually) identified from time to time on the Website.
2.10 “Technician” means the fully trained Technician contracted to Us who conducts the Initial Consultation and/or the Treatment and/or the Follow Up Treatment.
2.11 “Treatment” means the initial treatment and initial treatment and first application of Permanent Make Up following the Initial Consultation.
2.12 “Unsuitable Medical Condition” is any medical condition which makes any Treatment or Follow Up Treatment unsuitable for You whether or not such medical condition is expressly set out in the Consent Form.
2.13 “Website” means www.julia-odwyer.com.
3. BOOKING & TREATMENT PROCEDURES
3.1 If You decide following Your Initial Consultation to utilise any of the Services You agree to make a booking for both the Treatment and the Follow Up Treatment (if applicable)(not more than 12 weeks thereafter) and pay the Booking Fee.
Pregnancy and breastfeeding are contraindicated from all permanent makeup treatment. In the event that you arrive for a full appointment before declaring either pregnancy or breastfeeding, the treatment is 100% payable.
In the event that you become pregnant between your first permanent makeup treatment and your free of charge follow up appointment, the treatment is terminated and the free of charge appointment is lost. You accept that you are not entitled to any refund either in full or part. We agree to recommence the treatment at full cost with a 20% discount applied after your period of confinement . You agree to take this treatment within 24 months of the first treatment. The 20% discount is from the full price at the time of the recommenced treatment.
3.2 We accept that You may need to change Your booking dates arranged under clause 3.1 so on reasonable notice (being not less than 7 days from the date of Your Treatment and/or Follow Up Treatment) We will allow You, without charge, to re-book Your appointments but strictly conditional upon:
3.2.1 The period of time between the re-booked Treatment and/or Follow Up Treatment still not exceeding 12 weeks; and
3.2.2 The re-booked date for the Treatment and/or Follow Up Treatment not being greater than 6 months from the original booked dates; and
3.2.3 Our rights (at Our sole discretion) to refuse more than one re-booking request from You under the provisions of this clause.
3.3 You accept that any late booking cancellations for Your Treatment and/or Follow Up Treatment (ie not in accordance with Clause 3.2) create a financial loss for Us, so accordingly You agree:
3.3.1 To pay 100% of the Price if You cancel a booking for a Treatment within 2 days of the booked date for the Treatment; (50% for all beauty and lash treatments)
3.3.2 To forfeit Your entitlement to the cost of Follow Up Treatment being incorporated within the Price if you cancel Your booking for Follow Up Treatment at any time in the 7 days preceding the Follow Up Treatment (and to pay an additional charge for any re-booked Follow Up Treatment as prescribed from time to time on the Website).
3.4 Whilst We will use Our best endeavours to run Our daily appointments on time, You accept that the precise booking times may slip and you excuse and release Us from any liability for such slippage within any particular working day.
3.5 Whilst We will use Our best endeavours to ensure that bookings for Treatment or Follow Up Treatment are not cancelled, You acknowledge that this is sometimes unavoidable and You agree:
3.5.1 To release Us from any liability for any cancellation by Us which is notified to You more than 24 hours before any date booked for Treatment or Follow Up Treatment;
3.5.2 To release Us from any liability when Your choice of Technician is unavailable to provide the Treatment or Follow Up Treatment but an alternative Technician is made available to You at the appointed time;
3.5.3 To the Restrictions & Exclusions at clause 6.
3.6 Subject only to the earlier provisions of this clause, We agree to carry out the Treatment and the Follow Up Treatment upon full payment by You of the Price.
3.7 You agree that We are under no obligation whatsoever to accept requests from You in the future for any further Treatment (and that We do not need to explain the reasons for any such refusal). You also agree that We are under no obligation whatsoever to accept requests for Permanent Make Up which We (in Our sole discretion) consider to be inappropriate.
3.8 You agree that we are not liable for any of your travel costs to or from our clinic on any occasion at whatever time.
4. PAYMENT TERMS
4.1 You agree to pay the Booking Fee at time of booking and the remaining Price in full on the day of your Treatment.
4.2 We will accept a payment of the Price for the Services via bank transfer (before the appointment0 or cash or debit/credit card (Visa and MasterCard only – 2% admin charge will be added) , but we will not accept cheques.
4.3 If payment of the Price is not made in accordance with the earlier provisions of this clause then we reserve the right to cancel the booking for your Treatment without penalty and to retain the Booking Fee.
4.4 Subject to Our rights under Clause 4.3 You will be given credit for the Booking Fee when you pay the Price for the Services.
4.5 If for any reason You obtain the benefit of Our Services without paying the Price in accordance with Clause 4.1 then You agree to pay Us interest on the Price from the date of Your Treatment until payment at the rate of 5% above the Bank of England base rate (as varied from time to time) with such interest being compounded on a quarterly basis.
5.1 We agree to provide the Services through Our Technicians using the standard of care to be reasonably expected of a commercial provider of the Services. We also agree only to use materials and products sourced in Europe or the United States of America (and whether organic, inorganic, synthetic organic or synthetic inorganic) which, at the time of Your treatment, comply fully with all applicable legal regulations within the United Kingdom and the European Union.
5.2 You accept and agree:
5.2.1 that Our Technicians are not qualified to give You any medical advice;
5.2.2 that Our Technicians are entitled to rely without further enquiry on the consent to Treatment given by you in the Consent Form;
5.2.3 that as an adult (over 18 years old) the decision to have Treatment has been made by You and You alone;
5.2.4 that You will accept the result of Your Treatment and/or Follow Up Treatment without any legal recourse to Us on the understanding that You will pre-approve both the shape and colouring of the Permanent Make Up at the beginning of Your Treatment;
5.2.5 that you will read and follow the recommendations made within the Guidance Sheets;
5.2.6 that certain factors beyond Our control (including Your own specific skin characteristics) create Risks which you understand and for which you take full and sole responsibility;
5.2.7 that there are everyday risks of post-treatment infection (in and around the area of Treatment) which are beyond Our control and for which you take full and sole responsibility;
5.2.8 that You have decided (with appropriate advice from your General Practitioner to the extent appropriate) that You do not suffer from an Unsuitable Medical Condition; and
5.2.9 that to the extent (notwithstanding the terms of this clause and Your acceptance of the Risks) You wish to make a complaint which relates in any way (whether directly or indirectly) to Our provision of the Services, then you will make such complaints strictly in compliance with clause 8.
5.2.10 that in very rare cases, the pigment will not hold at all due to skin type. You agree that although we will endeavour to work with best practise, we cannot be held responsible for low or no pigment uptake.
5.2.11 that some skins may not retain the ‘crispness’ of the pigmented hairstroke and others (although rare) may not retain the hairstroke at all as it can blur over time.
6.1 If You breach any of these Terms & Conditions (save for clause 8.1.2 where such breach is addressed separately under clause 6.2) then Your maximum liability to Us will be any unpaid balance of the Price for Our Services together with any interest due under clause 4.5.
6.2 If you breach clause 8.1.2 and publish (or cause to be published) any defamatory statements about Us or any of Our Technicians to any third parties (whether through the use of social media or otherwise) then We reserve the right to claim damages against You in defamation proceedings before the Court for such sum as We are advised to claim by Our legal advisors.
6.3 If We breach these Terms & Conditions then Our maximum liability to You will be the Price (or any part of it) paid by You for the Services and it shall not extend further to any other consequential losses whatsoever which You have (or claim to have) suffered as a result of Our breach.
7.1 We agree to keep Your personal data strictly in accordance with the Provisions of the Data Protection Act 1980.
7.2 Unless or until You notify Us in writing, You agree that We make use of Your contact details for the purpose of marketing our Services to You.
7.3 You agree to keep any dispute or complaints which arise between Us strictly confidential between ourselves and our respective legal advisors and any mediator appointed under clause 8.4.
8. DISPUTE RESOLUTION
8.1 If You have any cause to complain about Us or any of Our Technicians and Your Complaint in any way relates to Our provision of the Services then You agree in the first instance:
8.1.1 to put your complaint in writing to Julia O’Dwyer using the email@example.com email address; and
8.1.2. Not to publish (or cause the publication of) your complaint any more widely whether orally to third persons, in writing to third persons or to the world at large through the use of the internet.
8.2 We will investigate your complaint and give our considered response to it within 21 days of your complaint being received.
8.3 If you accept any settlement outcome offered by Us in Our written response to Your complaint, then that settlement outcome will be implemented in full and final settlement and the terms of settlement shall remain private and confidential between the parties (or any legal advisors if applicable).
8.4 If you are unhappy with our response to Your complaint then you must refer your complaint to the Centre for Effective Dispute Resolution (“CEDR”) for the appointment by CEDR of an independent mediator to seek resolution through mediation.
8.5 The cost of a mediation under clause 8.4 shall be borne equally by You and by Us.
8.6 Only if a formal mediation arranged by CEDR under clause 8.4 fails to resolve Your complain can you take the opportunity to put Your complaint to a court (and in such a case the English Courts shall have exclusive jurisdiction to determine your complaint).
8.7 For the avoidance of any doubt, Your obligation at clause 8.1.2 shall be an ongoing obligation until (but not beyond) the delivery of a final judgment in open court on any legal claim which you commence in accordance with the provisions of this clause.
9.1 These Terms & Conditions shall survive any sale by Us of Our business for the benefit of Our business successor but otherwise they shall not be capable of assignment without the written consent of both parties.
9.2 Wherever within these Terms & Conditions reference is made to “notice” or “notification” then such notice must be given by You in writing to Us using the firstname.lastname@example.org email address and notices to You will be delivered via email to Your last known email address (or alternatively by post to Your last known postal address).
9.3 Our failure to insist in any one or more instances upon the strict performance of any of the provisions herein or to take advantage of any of Our rights hereunder shall not be construed as a waiver to any such provisions or the relinquishment of any such rights which shall continue to have full force and effect
9.4 These Terms & Conditions are governed by the laws of England & Wales and, subject strictly to the provisions of clause 8 in relation to complaints made by You, the English Courts shall have exclusive jurisdiction to determine disputes arising hereunder.
I accept these Terms & Conditions govern the contractual relationship between the parties.
Edition Date: December 2015
Edited: May 2018