Terms and Conditions Dragonfly Healing Room

Last Updated: 09.08.2022

 

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using our wellness support service including our website  (the “Service") operated by Dragonfly Healing Room ("us", "we", or “our") or ordering any products through our order service (the “Products”).

 

Your access to and use of the Service and any Products is conditional on your acceptance of and compliance with these Terms and our Privacy Policy. These Terms apply to all visitors, users and others who access or use the Service or order Products. By accessing or using the Service, or ordering Products you agree to be bound by these Terms. If you do not agree  with any part of these Terms then you may not access the Service or order Products.

 

The terms “agreed”, “consent”, “confirmed”, “accepted”, "informed”, “notified” or “notice” and documents or acts of similar meaning will be deemed to be required to be done in writing, where "in writing" means hand-written, type-written, printed or electronically made, and resulting in a permanent record. The terms "includes" or "including" will be construed without limitation to the generality of preceding words.

 

Please note that these Terms and our Privacy Policy may be amended without prior notification. These Terms apply to all clients (including casual browsers or third-party users).

 

Our professional registration number is 14161506. The term 'you' refers to the user, customer, viewer or client of any of the Service or purchaser or user of any Products (and the term ‘your’ shall be construed accordingly). All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to you in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting your needs in respect of provision of the Service and/or the Products, in accordance with and subject to, prevailing English Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

 

The use of the Service is subject to the following terms:

• The content of the educational resources and information provided in the Service is for your general information and use only. It is subject to change without notice.

• Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered in the Service for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

• Your use of any information or materials from the Service is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through the Service meet your specific requirements.

• The Service contains material which is owned by or licensed to us. This material includes, but is not limited to; the design, layout, look, appearance and graphics, educational/ literary content and the formulation, recipe and process for the manufacture of any Products. Reproduction of any materials contained within the Service is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.  Reproduction of any Products is expressly prohibited.

• Unauthorised use of or resale of the Service or any Products may give rise to a claim for damages and/or be a criminal offence.

• From time to time the Service may also include links to other websites or services. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s)/services. We have no responsibility for the content or quality of the linked website(s)/services.

• Your use of the Service and any dispute arising out of such use of the Service is subject to the laws of England and Wales.

• The Service does not provide medical advice. All health and health-related information contained within the Service is intended to be general in nature and for informational and educational purposes only. It is not intended to be a substitute for professional health advice, diagnosis or treatment or a professional’s independent medical judgment.

• Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the products available through our service and accept no liability for their use. All products available through our service are created for wellness support, and should not be used as alternatives for qualified medical treatment or advice. If you have any medical concerns, please contact your GP.

• By receiving information from Dragonfly Healing Room, you agree that you will only use the information or products provided by us in accordance with the guidance and support provided, and that you will not use the Service as your primary caregiver.

 

 

Privacy Statement

We are committed to protecting your privacy. Authorised employees within the company on a need-to-know basis only use any information collected from individual customers. We periodically review our systems and data to ensure the best possible service to our customers.

 

 

Acceptance of Privacy Policy

Accepting these Terms also constitutes acceptance of the current version of the Dragonfly Healing Room Privacy Policy, which will be provided to you with these Terms, as an intrinsic part of this agreement.

 

 

Availability

Unless otherwise stated, the Service is only available within the United Kingdom, or in relation to postings from the United Kingdom. Any marketing information is intended solely for the United Kingdom market. You are solely responsible for evaluating the fitness and/or suitability for any particular purpose of any downloads, Products, programs and text available through the Service. Redistribution or republication of any part of the Service or its content is prohibited, including such by i-framing or other similar or any other means, without our express written consent. We do not warrant that the Service will be uninterrupted, timely or error free, although it is provided to our best ability. By using the Service you thereby indemnify us, our employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.

 

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Intellectual Property & Copyright

The entire contents of the Service, including without limitation text, graphics, photographs, images, moving images, sound, content, literary content, and illustrations, are the property of Dragonfly Healing Room (or its affiliates or licensors) and are protected by copyright, trademark, and other intellectual property laws (except that when applicable, copyright to cited materials is retained by the authors of the articles cited or the assigned rights holders, as stipulated by UK copyright law, or unless otherwise indicated on the subject material). The trademarks, service marks and logos (including the name “Dragonfly Healing Room”) used and displayed through the Service belong to Dragonfly Healing Room or others, as applicable. Nothing in the Service should be construed as granting—by implication, estoppel, or otherwise—any license or right to use any trademark displayed in the Service without our prior written consent. The Service contains copyrighted material. Subject to the exceptions expressly set out below, you may not use the Service in a manner that constitutes an infringement of our rights or that has not expressly been authorised by us in writing.

Your use of any Products purchased through or in accordance with your use of the Service is governed by these Terms. 

You may not, and by accessing the Service you indicate your continuing agreement not to, modify, decompile, recompile, disassemble or reverse engineer any Products, and you agree to indemnify us or our licensors against any loss, expense or damage arising out of your failure to comply with this agreement.  Further, you hereby agree that without prejudice to any other rights or remedies that we may have, damages alone would not be an adequate remedy for your breach of this condition, and that we shall be entitled to the remedies of injunction, specific performance or other equitable relief for any threatened or actual breach of this condition.  You agree to account to us for any and all profits made by you in breach of this condition.

 

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Registration

Certain Services, Products and items are only available after you have registered with us. By registering with us, you are stating that you over 18 years of age and have undergone the necessary registration process, including but not limited to; reading and agreeing to these Terms, our Privacy Policy and any other registration documents required by us. You are also warranting that you have an appropriate degree of understanding to be able to make appropriate use of the Service and any Products in a safe and responsible manner. You also warrant that to the best of your knowledge and ability, all information you provide to us in the registration process is true and correct, and if any information is found to be incorrect, you will notify us.. This information must be kept accurate and up-to-date.

 

Use of Material

You may display and view the Service content for your own individual use that is of a personal nature.  You are not permitted to make any professional use of the Service or any Products.

 

 

Code of Conduct

You are responsible for anything you transmit to the Service including on our Facebook page and Instagram account and all posts relating to Dragonfly Healing Room. We do not control or screen the content of what is our distributed by our members or third parties, and accordingly we do not guarantee its accuracy, integrity or quality or that it will not be objectionable to you. You should not place any reliance on, nor will we be responsible or liable for, anything which has been transmitted or received, or ought to have been transmitted or received but was not. You are not permitted to use any of the Service for any reason or purpose which is unlawful, defamatory, harmful or objectionable, and, in particular, you are not permitted to transmit anything that, in our opinion, harms our business or offends other users. You are not permitted to transmit to the Service or other users anything, which you do not have a clear right to use. You must ensure that you do not transmit to the Service or users any material containing software viruses or files designed to damage or disrupt the good working order of any computer or telecommunications equipment. You are not permitted to do anything that may disrupt in any way the operation of the Service, nor are you permitted to do anything that would disrupt the use and enjoyment of our the Service, by any other user. Other than as expressly permitted, by us, you are not permitted to use the Service to engage in any commercial activity of any form. We may be entitled at our discretion to refuse or remove anything that is transmitted to our users which, in our opinion, is objectionable or otherwise does not comply with these terms and conditions. We will not be liable at all for doing this. We may record preserve and disclose anything which has been transmitted to, from or via our users through the Service, where required by law or where we are otherwise acting in good faith.

 

 

Warranty Limitations

All materials contained in the Service are provided on an “as is” basis, without warranties of any kind, either expressed or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose. The use of contents of the Service are at your own risk.

We do not warrant that the Service/Products or any of their functions will be accurate, uninterrupted or error-free, that defects will be corrected, or that any part of the Service is free of digital viruses or other harmful components. We expressly disclaim all warranties of any kind, including but not limited to warranties of title, fitness for a particular purpose, merchantability and non-infringement of proprietary or third party rights. To the extent that it is lawfully possible to do so, we make no warranty that (a) the Service/Products and/or any information will meet your requirements, (b) your access to and use of the Service/Products will be error-free, or (c) any errors or inaccuracies will be corrected. Further, if your use of the Service results in the need for servicing or replacing equipment or data, this will not be at our risk and expense. No advice or information, whether oral or written, obtained by you through or from the Service will create any warranty not expressly stated in these terms and conditions. If you have any questions about the above, please contact us on hello@dragonflyhealingroom.co.uk.

 

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Limitations on Liability

Neither we nor anyone else involved in creating, producing, or delivering the materials contained in the Service (including our officers, directors, managers, members, shareholders, and agents) shall be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of the User’s use of or inability to use the contents of the Service or any Products, even if we or any such persons noted above are advised beforehand of the possibility of such damages. To the extent that we are lawfully able to do so, we will not be liable for any claims, losses and/ or damages of any nature resulting from: (a) your use or inability to use the Service or any Products; (b) the Service or any Products we provide (except where we expressly state that we have responsibilities or liabilities in these terms and conditions or other terms and conditions that relate to our other goods and/or services we provide); (c) unauthorised access to or alterations of your transmissions or data; or (d) statements or conduct of any third parties. You agree that in no event will our liability arising out of or in respect of these Terms exceed UK £1,000 and that in no event will we be liable for any loss of profits, goodwill, loss of business, loss of data or any other indirect or consequential loss or damage whatsoever.  In particular, any liability for death or personal injury caused by your use of Products is disclaimed to the fullest extent permissible by law.

 

You explicitly acknowledge that certain features or functionality of the Service and Products may rely on the availability and correct functioning of third party service providers, as may be indicated by us, including supply of Products, energy, data storage, connectivity and communication services. These are outside of our control, and we will have no responsibility or liability in this respect.

 

 

Indemnification

You agree to defend, indemnify and hold us and any individuals or entities affiliated with us (including our officers, licensors, directors, members, managers, and employees) harmless from any and all liabilities, costs, and expenses, including all legal fees (on the full indemnity basis), related to or in connection with (i) your use of the Service or application of knowledge gained by it, (ii) your violation of any term of these Terms; (iii) your violation of any third party’s rights, including any right of privacy, publicity rights, or intellectual property rights; or (iv) any other circumstance in which we becomes involved in legal action arising from your involvement with or connection to us, electronically or in person.

 

Indemnity. You agree to indemnify us and hold us harmless from and against any claims, actions or demands (including any legal fees incurred in connection therewith on the full indemnity basis) resulting from your misuse of the Service or your breach of these Terms. We will notify you of any such claim, action or demand and will take reasonable steps to assist you, providing you meet our costs and expenses (including our legal fees, on the full indemnity basis) in advance.

 

 

Suspension and Termination

We may in our sole discretion suspend and/ or terminate client/user use of the Products or the Service at any time and we shall not be liable to you or any third party for any loss or damages suffered on account of such suspension and or termination. Typically, we would only do this where you have not used the Service or Products for some time or if we believe that you have acted inconsistently with these Terms. However, there may be other reasons why we would suspend and/ or terminate and we reserve the right to do so without giving reason. 

 

 

Access & Interference

You agree that you will not use any robot, spider, scraper or other automated means to access the Service for any purpose. You also agree not to: (i) take any action that imposes or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; or (iii) bypass any measures we may use to prevent or restrict access to the Service/Products.

 

 

Governing Law

These Terms, together with the Privacy Policy and, in respect of any Products, our Terms and Conditions of Sale, together, constitute the entire agreement between you and us with respect to your use of the Service/Products and any interactions you have with us and our members, managers, officers, agents, or employees, electronically or in person.

 

You agree that any action at law or in equity arising out of or relating to these Terms or to us will be filed only in the courts of England and Wales, and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action, without regard to any conflict of law provisions. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Service or any other circumstance involving us, our members, managers, agents, or employees, must be filed within one (1) year after such claim or cause of action arose or be forever barred. You agree to submit any dispute with us exclusively to final and binding arbitration in accordance with laws of England and Wales and, for this purpose, to submit to the Expedited Arbitration procedure at the London Chamber of Arbitration and Mediation (‘LCAM’). The location of any arbitration shall be in London and the language shall be English. You agree that any arbitrator shall not have the authority to award punitive damages. You agree to be bound by any ruling in such arbitration proceeding and that such ruling shall be enforceable in any court of competent jurisdiction. You agree that if any portion of these Terms or Privacy Policy is found by an arbitrator or court of competent jurisdiction to be invalid, the arbitrator or court shall nevertheless give effect to the parties’ intentions expressed therein. All other provisions of these Terms and Privacy Policy remain in full force and effect.

Notwithstanding this, we shall still be allowed to apply for injunctive or other equitable relief to protect or enforce its intellectual property rights in any court of competent jurisdiction.

Improperly Filed Claims

All claims you bring against us and our members and managers must be resolved in accordance with the Section on Governing Law of these Terms of Use (“Section”). All claims filed or brought contrary to this Section shall be considered improperly filed. Should you file a claim contrary to this Section, we may recover all legal fees and costs (on the full indemnity basis) involved in defending said filing.

 

 

Waiver

Any failure by us to exercise any rights or to enforce any of the terms of the Terms of Use or Privacy Policy shall not constitute a waiver of such rights or terms. Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

 

The invalidity or unenforceability of any provision of these Terms will not affect the validity or enforceability of that or any other provision, all of which will remain in full force and effect. In the event of such finding of invalidity or unenforceability, the Parties shall endeavour to substitute the invalid or unenforceable provision(s) by such effective provision(s) as will most closely correspond with the original intention of the provision(s) so voided. At reasonable notice, you shall assist us in verifying your compliance with the Agreement.

 

 

Additional Terms

You must provide and are solely responsible for all hardware, provisions or software necessary to access the Service. You assume the entire cost of and responsibility for any damage to, and all necessary maintenance, repair or correction of, that hardware, provisions and or software.

You acknowledge that you may incur charges from your wireless carrier, internet service provider, or other method of internet or data access by using the Service and that payment of any such charges will be your sole responsibility. You agree that your use of the Service will be in accordance with all requirements of your wireless carrier, internet service provider, or other method of internet or data access. We do not control network access. Your use of these networks may not be secure and may expose your personal information sent over such networks.

 

All and any prior promises, agreements, representations, undertakings or implications whether made orally or in writing between us and you are hereby superseded. You expressly acknowledge that no reliance has been placed on any representations which have not been incorporated as part of these Terms.

 

 

Right to Change Terms of Use

We reserve the right to change these Terms or impose new conditions on the use of the Services/Products at any time. We will make any changes to the Terms known on our website and update the “Last Updated” date to reflect the date of the changes. If we make a material change to the Terms of Use, we will not enforce the material change retroactively (i.e. to use of the Service before the change) unless we notify you by sending a notice of the change to our users. By continuing to use the Service and any Products after we notify you of any changes, you accept the modified Terms.

 

 

Terms and Conditions of Sale

 

Please note that these terms and conditions of sale also relate to any Products/Services purchased through us.

Terms and Conditions:

These are the terms and conditions of our agreement, which apply to all purchases of Products/ the Service by you from us, and you should read them carefully. These Terms may be updated from time to time and you should therefore check them before you make a new purchase.

1. Order:

You can submit an order for the Service by contacting us directly or through our website, via email, or any of our social media platforms. All prices are reflected in £UK Sterling. We are under no obligation to accept your order/request for the Service, but would normally do so where the relevant Services are available. The order reflects pricing at time of purchase the payment of which, via your credit card/ debit card, will be approved by your credit card/ debit card company. You can submit an order for products during an appointment based on the wellness support you are found to need. The order will be placed through us at the time of appointment.

  2. Pricing:

All prices will be displayed in £UK Sterling. We reserve the right to adjust prices for Products and/or the Service not yet delivered or performed to reflect variations in individual costs of more than five percent (5%) including any foreign exchange rate fluctuations, raw materials and other costs of manufacturing and distribution, and labour costs that take effect between the date of the Agreement and delivery of Products and/or performance of the Service.

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Any catalogue, specification, price sheet or other similar documentation prepared by us is strictly for convenience only and will not be deemed as an Offer. We believe such documentation is complete and accurate at time of distributing, but we do not warrant that such documentation is error free. We will not accept responsibility for any damages in connection with errors of measurements, descriptions, application recommendations and the like.

 

A number of our products are purchased through us from third parties, we make no warranty for any accuracy in pricing or that these prices will not alter regarding Products provided by third parties.

 

1. Acceptance of order:

We will notify you of our acceptance of your request for Service by email and at that point a binding agreement between us will be in place based on these Terms and Conditions of Sale. We will accept your order for Products at the time the order is placed at a session. If there are likely to be any delays in completing the order, you will be notified and given the opportunity to cancel.

  2. Accuracy

You are solely responsible for the accuracy of any order, including with respect to the specification, configuration or other requirements of Products and the Service, and functionality, compatibility and interoperability with other products (not authorised by us), as well as any fitness for any particular use. You warrant that the information provided to us is complete, accurate and true, and you acknowledge that a failure to provide complete, accurate and true information or instructions to us may detrimentally affect our ability to discharge our obligations or exercise our rights under these Terms and Conditions of Sale.

  3. Payment:

Payment will be taken for the Service through BACS, card payments or cash. Payment will be due at the end of each session. Orders placed for products will not be processed until payment has been made. Payment for either products or the Service will be due within 24 hours of an order being made or use of the Service. If any errors are found in the amount paid, you will be notified if you have underpaid, or if you have overpaid, you will be notified and offered either a refund or ‘credit note’. If the Service or any Products are not available for any reason after we have accepted your order, we will let you know. If there is any issue with a refund please let us know. Monies that remain outstanding by the due date may incur late payment interest at the rate of 2% above the prevailing Bank of England's base rate (or, where the base rate is 0% or less, at 2%) on the outstanding balance until such time as the balance is paid in full. We reserve the right to seek recovery of any monies remaining unpaid sixty days from the date of invoice via collection agencies and/or through the Small Claims Court where applicable. In such circumstances, you shall be liable for any and all additional administrative and/or court costs.

  4. Re-Sale

You may not resell any products distributed by us. In the event that you resell Products or incorporate Products and/the Service in offerings to others with our consent, you shall indemnify, defend and hold us harmless and our officers, directors, agents, licensors, employees, successors, and assigns from and against, all losses, liabilities, costs (including legal costs) and expenses arising out of or in connection with any non-compliance.

  5. Damages and Delays:

You shall note any damage to Products caused in transit, or shortages thereto, on transport documentation immediately upon receipt of Products, with due regard to applicable instructions by us or the carrier. All Products delivered under these Terms and Conditions of Sale will be deemed accepted by you as conforming to these Terms and Conditions of Sale, and you will have no right to revoke any acceptance, unless you provide us with notice of a claimed nonconformity within seven (7) days of the date of delivery. Notwithstanding the foregoing, any use of a Product by you after delivery will constitute your acceptance of those Products. We shall at our option and within a reasonable time, correct nonconformities by either repair, make available parts, replace or deliver missing Products, or credit the Price paid by you for any undelivered Products.

 

You explicitly acknowledge that certain features or functionality of Products and the Service may rely on the availability and correct functioning of third party service providers, as may be indicated by us, including supply of energy, data storage, connectivity and communication services. These are outside of our control and we will have no responsibility or liability in this respect. Whereby products are ordered through a third party, we make no warranty for the condition or delivery time of these products. If there is an issue with a product that has been distributed by a third party and the order has been made by us, we will make every effort to contact the third party to rectify the situation. 

 

1. Product changes:

We or our distributors may make changes to the design, materials, fit and finish of Products or change working methods, communication systems, software or any other elements of the Service, and Documentation provided that such changes do not materially affect the functionality of the Products or the Service. Unless specifically agreed otherwise, we do not warrant the availability, accuracy, completeness, reliability, timeliness or output from Products and Services. You shall not use or rely on Products and Services for any other applications or purposes other than agreed in the Agreement.

 

  2. Warranties:

The Service and Products that we sell have been designed to comply with the statutory legal requirements and relevant safety standards of the United Kingdom. We can therefore make no representation or warranty that any Product or Service is compliant with health, safety or other legal requirements that apply outside the United Kingdom. We will not have any further liability in respect of the products. This does not affect your statutory rights as a consumer.

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  1. Use of Products and Services:

You shall use Products and Services only for their intended purposes and in accordance with all instructions contained in the manuals, guidelines, warranty terms and any other terms and conditions applicable to such Products and Services or provided by any personnel of Dragonfly Healing Room. You shall maintain the products and their condition in good condition, repair, and working order, and shall protect against damage and external influences.

  2. Third party products:

We do not provide any warranty for third party products. Any third party products included/distributed by us as part of the Products or the Service are subject to the terms of sale and your individual agreement with any applicable third party.

  3. Defects and recall:

If a recall, retrofit, update, withdrawal or any other remedial action related to any Product is required, you shall fully cooperate and shall provide such assistance as we may require.

  4. Copyright and Intellectual property:

All products and services related to and distributed by us are covered by copyright and intellectual property rights, both in the UK and abroad. Any communications with us containing information are also protected.

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Products, Services and information provided by us are not to be distributed, shared or copied.

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1. Complaints:

If you have any complaints or comments about the Service or any of the products or services supplied or provided to you, please contact us at hello@dragonflyhealingroom.co.uk.

  2. Force Majeure

We will not be liable to you for any breach of our agreement, for delay or failure to perform if the delay or failure is due to acts of God, civil commotion, riots, floods, drought, fire, legislation or other cause beyond our reasonable control. This does not affect your statutory rights. If we choose not to enforce a right under our agreement, that decision will not prevent us from enforcing other rights, or the same right on a later occasion. Our agreement will be governed by English law and any disputes will be resolved non-exclusively by English Courts.

1. Privacy:

We take your privacy very seriously and will treat all of your personal information in accordance with all applicable data protection laws in the UK. Please read our Privacy Policy. If you do not have a copy of this or wish for another, please contact hello@dragonflyhealingroom.co.uk.

  2. Termination of Agreements and Refunds Policy:

Both you and we have the right to terminate the provision of the Service or any Products for any reason, including the ending of Services that are already underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway. Any monies that have been paid to us which constitute payment in respect of the provision of unused Service shall be refunded.

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These Terms and Conditions of Sale form part of the agreement between you and us. Your accessing of the Service and/or undertaking of a booking or purchase of any Products indicates your understanding, agreement to and acceptance, of the Terms and Conditions of Sale and the full Terms of our provision of the Service. Your statutory Consumer Rights are unaffected.

 

Cancellation

All cancellations must be communicated via email or telephone within 48 hours (weekends excluded) notice of the appointment booking. If an appointment is cancelled in under 48 hours notice, you will be liable to pay the full appointment fee.

 

All product cancellations must be submitted within one hour of the order. If the order has already been placed and dispatched, then the products will need to be returned. Upon receipt, you will be refunded provided the products are in their original packaging and are unused and no seals are broken. The cost of the return must be covered by you.

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