Our Location
356, Kasarani Nairobi, Kenya
Terms And Conditions
PURPLE STREET BEAUTY CENTER TERMS AND CONDITIONS
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 Beauty Center, namely purple street beauty center 356, Kasarani, Nairobi 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/organization;
“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 Salon who receives
our Services
“Data Protection
Legislation”
means the Data Protection Act 1998 and the General
Data Protection Regulation (GDPR) (Regulation (EU)
2016/679) as amended or replaced from time to time
“Regulations” means The Consumer Contracts (Information,
Cancellation and Additional Charges) Regulations 2013;
“Beauty Center/We/Us/Our” means Purple Street whose place of business and
contact address is [the same address as above] and
includes all employees and agents of the Center;
“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 Beauty Center.
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. - Appointments
2.1 The Services which We offer are only available by appointment or during Our
walk-in hours from 10am to 7pm. You may book an appointment in person at
the Center, by phone, by email or through the Center’s website.
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 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 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 as in Clause 2.6. Deposits shall be 10% 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 15 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 You may have 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. We will be entitled to deduct that charge
from any sum (including, but not limited to any deposit) You paid in advance
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 or
2.9.3 In the event of a double booked timeslot where another “Consumer” has
booked the same timeslot via an alternative booking management
system the company advertises with. Although the company takes great
measures to prevent double booked timeslots it can none the less
sometimes occur and every endeavor shall be made to reschedule
double booked time slots to an alternative suitable date and time.
2.9.4 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 endeavors 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; and - 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 cash;
3.2.2 credit/debit card
3.2.3 gift voucher
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. - 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;
4.6 Some of Our beauty treatments will require a mandatory patch test 24 – 48
hours prior to treatment and results deem eligibility for treatment such test
results will be kept on file for salon record keeping and insurance purposes.
4.7 We advise You not to have any waxing and/or facial treatments immediately
before or after heat treatments or exercise; and
4.8 If you are pregnant, We advise You to notify Us so to verify that you are not
contra indicated to the treatment requested as some of our beauty treatments
are not recommended during pregnancy. - Center Rules
It is recommended You:
5.1 Switch your phone to silent during quiet treatments or make necessary calls
prior to your appointment.
5.2 Be accompanied at the Salon’s premises for any child/ren under the age of
10yrs as We do not have an appropriate member of staff to supervise them. - Gift Vouchers
6.1 Gift vouchers are available from the salon
6.2 Gift vouchers are available in multiples of £10 AND/OR for specific treatments;
6.3 Gift vouchers have No expiry date and
6.4 Gift vouchers may be redeemed only for treatments or products which We
provide at the Salon and may not be redeemed partly or wholly for cash. - 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. - 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. - How We Use Your Personal Information (Data Protection)
9.1 In so far as the Services involve Us in collecting, using, or holding or otherwise
processing any data obtained from You which is personal data (including, but
not limited to, Your name and address), We shall only do so with Your express
consent and in accordance with any lawful instructions reasonably given by You
from time to time, and the provisions of the Data Protection Legislation and
Your rights under that Data Protection Legislation and these Terms and
Conditions;
9.2 We may use Your personal information as follows:
9.2.1 to provide Our Services to You;
9.2.2 to process Your payment for the Services;
9.2.3 We will not pass on Your personal information to any other third parties
without first obtaining Your express permission. - 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. - 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 Salon
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 - Complaints
We always welcome feedback from Our customers and, whilst We always use all
reasonable endeavors 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 Center or any of Our staff, please raise the matter with Olive who can be
contacted at the Salon or by phone 0705098842 or email
[email protected] or post Purple Street Beauty Center 356 Kasarani, Nairobi Kenya - 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. - 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. - 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
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.