Laura Gray Hair Beauty Bridal, having our registered office at Studio 17, Sir James Clark Building, Abbey Mill Business Centre, Paisley PA2 1TJ (“LGHBB” or “we” or “us”)
And ‘The agreeing client, by transfer of your deposit.’
You, the Client, whose details are more clearly set out in the Booking Form referred to in Clause 1 below (“Client” or “you”).
These terms and conditions (“Terms of Supply”) will apply to any of the Services purchased from LGHBB. By purchasing Services from LGHBB you agree to be bound by these Terms of Supply. Please read them carefully before placing an order with LGHBB. If you are not willing to be bound by them you should not purchase Services from LGHBB.
The Services are as described on the Booking Form you have been asked to complete, which Booking Form will form part of the contract between us. LGHBB makes every effort to describe the Services accurately on the Booking Form and agrees to provide the Services with all the care and skill to be expected of a qualified and competent contractor experienced in undertaking services of the same kind as the Services. It is your sole responsibility prior to purchasing any Services from us is to read the Booking Form for any of the Services booked by you in order to ensure that they are suitable for your purposes. In particular you acknowledge and agree that by entering into this contract with us that you do not rely on any statement, representation, assurance or warranty that is not set out in these Terms of Supply. Any representation, condition or warranty which might implied or incorporated into these Terms of Supply by statute, common law or otherwise is excluded to the fullest extent permitted by law.
2.PRICES AND PAYMENTS
Prices of the Services are specified on the Booking Form. Our prices are quoted inclusive of VAT. A deposit as set out in the Booking Form will be paid at the time of booking. Payment of the deposit should be made either by bank transfer or via paypal. LGHBB accept payments by BACS or by Paypal. The balancing payment is to be made on the Wedding Date as set out in the Booking Form to LGHBB or transferred directly via BACS prior to the wedding date, as advised on your final quote.
3.ACCEPTANCE OF AN ORDER
3.1 By placing a booking with us you acknowledge the applicability of these Terms of Supply. Your name and wedding date should be quoted in all correspondence to us. These Terms of Supply will be binding on you and a contract will come into effect between us upon our written acceptance of the booking issued to you by email (“the Confirmation”). Please note we are not bound by any contract until we have accepted the booking in writing and issued the Confirmation.
3.2 If you have already paid for the Services and we are unable to supply them for whatever reason due to fault on our part without being able to offer you a suitable alternative we will notify you and refund you the full amount paid as soon as possible.
3.3 The contract between you and us comprises of the Booking Form and Confirmation and these Terms of Supply (together known as the “Contract”). In the event of any conflict between them the Booking Form and Confirmation shall take precedence.
4. YOUR RIGHT TO CANCEL
4.1 As a consumer purchasing the Services you have a legal right under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 to cancel this Contract within 14 days after the day on which you receive the Confirmation (deposit transfer) (“the Cancellation Period”). For the purposes of this Contract a consumer means an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession. If during the Cancellation Period you intend to cancel the Contract, you can notify us of your decision and receive a refund. If required you can also obtain legal advice on your right to cancel the Contract from your local Trading Standards Office or Citizens Advice Bureau.
4.2 If you wish to cancel the Contract in exercise of your rights under Clause 4.1 above you should notify LGHBB as soon as possible in writing by email within your 14 day (“Cancellation period”). Upon receipt of the cancellation in writing we will email you confirmation of its receipt. If emailing then your cancellation is effective from the date you send the email. If emailing or writing please quote your name and wedding date as referred to in Clause 3 on your notice of cancellation.
4.3. If you decide to cancel the Contract in accordance with Clauses 4.1 and 4.2 above we will refund you the price you paid for the deposit without undue delay and in any event no later than 14 days after our receipt of a properly served cancellation form, email or written notice from you. Refunds will be made to you on the credit or debit card used by you to pay for the Services or by cheque if payment is made that way.
4.5 In the event that any Services ordered by you (or any part thereof such as a Trial Hair or Make Up booking) are to be delivered within 14 days of the Confirmation you hereby acknowledge that by booking the Services you are expressly agreeing to delivery of the same within the Cancellation Period and acknowledge that you have no right to cancellation after the date for delivery or performance of the Services has passed and the Services performed. In the event that you cancel the booking prior to the date that the Services are to be performed or delivered then we may deduct an amount from the price to be refunded to you representing any reasonable costs expended by us in respect of the Services which may include but is not restricted to administration costs in respect of the booking.
5.1 Nothing in this contract excludes or limits or attempts to exclude or limit the liability of either party for death or personal injury caused as a result of negligence or for fraudulent misrepresentation.
5.2 Subject to the foregoing LGHBB will be under no liability to you whatsoever (whether in contract, delict (including negligence), breach of statutory duty, restitution or otherwise) for any damage or direct or indirect consequential loss (all three of which terms include without limitation pure economic loss, loss of profits, loss of business, loss of opportunity, loss of goodwill and like loss) howsoever caused.
5.3 Subject to clauses 5.1 and 5.2 LGHBB’s aggregate liability under this Contract (whether in contract, tort (including negligence), breach of statutory duty, restitution or otherwise) will be limited to the amount paid for the Services concerned.
6. FORCE MAJEURE
Neither party will be liable to the other for any failure or delay or for the consequences of any failure or delay in performance of this Agreement if it is due to any event beyond the reasonable control and contemplation of a party to this Contract including without limitation acts of god, war, industrial disputes, protests, fire, flood, storm, tempest, epidemics, explosion, acts of terrorism and national emergencies.
Each party agrees that any information about them or, in LGHBB’s case, their business is confidential (“Confidential Information”). Each party agrees that it shall not permit duplication, use or disclosure of such Confidential Information to any person (other than its own employee, agent or sub-contractor where the same requires such information for the performance of the Contract) unless such duplication, use or disclosure is specifically authorised in writing by the other party or is required by operation of law. Confidential information does not include information which at the time of disclosure is generally known by the public (other than by an unauthorised act of the disclosing party). Both parties shall take reasonable steps to ensure that their employees, agents and subcontractors keep Confidential Information confidential.
8. DATA PROTECTION
We may assign our rights and obligations under the Contract to any other person including sub-contracting the delivery of any Services. If there is such an assignment or sub-contract we will notify you in writing or by email. Where the Services are sub-contracted we warrant that any Sub-Contractor will be approved by us and will be demonstrably capable of providing the Services to the same standard as us.
10. ENTIRE AGGREEMENT
The Contract constitutes the entire agreement and understanding of the parties and supersedes any previous agreement between the parties relating to the subject matter of the contract.
To the extent that any clause or part of a clause of these Terms of Supply is found to be invalid or unenforceable such clause or part of a clause shall be deemed to be deleted and the remainder of these Terms of Supply shall remain in full force and effect.
12. NON-WAIVER OF RIGHTS
The failure to exercise a right or remedy provided by the Terms of Supply or by law does not constitute a waiver of the right or the remedy nor does it mean that we will forfeit any future rights or remedies.
14. GOVERNING LAW
These Terms of Supply shall be governed by and construed in accordance with the law of Scotland and each party irrevocably agrees that the Scottish Courts shall have exclusive jurisdiction in relation to any claim or dispute or difference concerning the Contract and any matter arising therefrom.