BACKGROUND:
- These Terms of Sale together with the attachment below and any and all other documents referred to in these Terms of Sale set out the terms and conditions on which you will receive Treatment(s) and/or Membership as sold by Us. You should be aware that when booking, or purchasing, from our website (“Our Site”), https://aqua-tox.co.uk our website utilises a third party booking website https://connect.pabau.com/bookings.php?compid=12272
Who You contract with will depend on the Treatment You book, as detailed below:
i | Aqua-Tox Ltd a company registered in England under number 14188446 and whose registered office is at Riverside House, 3 Place Farm, Wheathampstead, Hertfordshire AL4 8SB;
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ii | Aqua-Tox Aesthetics Ltd a company registered in England under number 14379138 and whose registered office is at 14 Perowne Way, Ware. SG11 1SZ
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iii | Aqua-Tox Health Ltd a company registered in England under number 13437749 and whose registered office is at 16 St. Christophers Close, Dunstable LU5 4PD
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*the company you contract with for this treatment shall be confirmed both in the description and at the time of booking |
Where Treatments are booked in Clinic they will be subject to a different set of Terms and Conditions with such being available at the Clinic.
- Please read these Terms of Sale carefully and ensure that You understand them before making a booking or signing up for Membership. If You have any query about anything in these Terms of Sale or the attachment, please contact Us to discuss the same.
- All of the information that We give to You will be part of the terms of Our Contract with You whether it is information that We:
- are required by law to give to You before You make a purchase; or
- voluntarily give to You and You rely on it when deciding to purchase any Treatment(s).
We give You some of that information before You make a purchase and some of it is set out in these Terms of Sale below.
- These Terms of Sale, as well as any and all Contracts, are in the English language only.
- These Terms of Sale apply to the sale of Treatment(s) from Our Site where You are a Consumer.
1. Definitions and Interpretation
1.1 In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:
“Consumer” | means an individual customer who is to receive or use Our Treatments or Membership for their personal use and for purposes wholly or mainly outside the purposes of any business, trade, craft or profession; |
“Contract” | means a contract for the purchase of Our Treatments and/or Membership, as explained in Clause 9; |
“Treatment(s)” | means any session of treatment booked with Us; |
“Stripe” | means a payment processor we use to collect payments made for Treatment(s) and/or Membership via Our Site; |
“Booking Confirmation” | means Our acceptance and confirmation of Your purchase from Us; and |
“Membership” | means a membership run by Us and which You pay to become a member of in accordance with Sub-Clauses 6.8-6.17; |
“Membership Fee” | means the fee payable in advance of each month which will entitle You to the benefits of the Membership to be and remain a Member; |
“Gift Voucher(s)” | means the purchase of a voucher redeemable against the costs of Treatments when booked either online or in person. All Gift Vouchers purchased are non refundable; |
“Month” | means in relation to any Membership period and shall be renewed on the same day each calendar month from the date that the Membership started; |
“You/Your” | means the person purchasing Our Treatment(s) and/or Membership; |
“We/Us/Our” | means Aqua-Tox Wellness Clinic whose place of business is Unit 12, Foxholes Farm, London Road, Hertford, Hertfordshire, SG13 7NT and includes all employees and agents of the Clinic; |
2. Information About Us
Our Site https://aqua-tox.co.uk is owned collectively by Aqua-Tox Ltd, Aqua-Tox Aesthetics Ltd and Aqua-Tox Health Ltd.
3. Contacting Us
3.1 If You wish to contact Us with general questions, You may contact Us by telephone at 01992 878381 by email at enquiries@aqua-tox.co.uk or by post at Unit 12, Foxholes Farm, London Road, Hertford, Hertfordshire, SG13 7NT.
3.2 To make a complaint, please see Clause 14.
4. Age Restrictions and Refusal of Treatment
4.1 Treatment(s) are only provided to individuals over the age of 18 unless consent is given from a parent or guardian. In some cases, particularly where the individual is 16 or 17 years old a GP letter may be required. If You wish to acquire any Treatment(s) as a parent or guardian please contact Us prior to making a purchase.
4.2 We reserve Our right in some cases, particularly in relation to where You have undergone surgery, to insist on a GP letter prior to some Treatment(s) taking place.
4.3 You must be over 18 to purchase any Gift Vouchers from Us.
5. Business Customers
These Terms of Sale deal primarily with Consumer customers. However if you are a business customer purchasing in the course of business (that is in connection with, or for use in, their trade, business, craft of profession), You will NOT benefit from sub-Clauses 11.1 and 17.2.
6. Our Treatment(s)
6.1 Non members –You will be directed to provide your card details via Our Site prior to any Treatment(s) times being booked. Members- You will be able to book certain Treatment(s) via our Site which will be included in Your Membership Fee. To do this You can use Our online booking system using the email address linked to your Membership and bypass the payment page. If You are a Member and booking Treatment(s) outside of the Membership You will need to provide Your card details at the time of booking.
Where You provide card details, for Treatment(s) or Treatment(s) outside of those included in the Membership Your card will not be charged at the time of booking, and instead on the day of the Treatment. However in the event that you cancel Treatment(s) with less than 48 hours notice (in accordance with Clause 7) You will be charged for the Treatment.
6.2 Please note that whilst You will be able to schedule Treatment(s) We require:
6.2.1 before any therapist led Treatment(s) you will be sent a link to Our client medical questionnaire which You need to complete and return to us at least 24 hours prior to Your appointment. Before any non-therapist led Treatment(s) You will be asked to complete our medical questionnaire. Prior to any Treatment(s) you will also have to sign a consent form to confirm that you agree to the risks, understand the benefits and are aware of any alternative treatments. We will be unable to complete any Treatment(s) until We have received Your completed medical questionnaire and signed consent form. ;
6.2.2 confirm details of any special physical, medical, mental health, psychological, emotional, or other requirement which You are aware which might be relevant prior to receiving any Treatment(s). We reserve the right to refuse to provide any Treatment(s) to You if there is a determinable risk, whether significant or not;
prior to any Treatment(s) taking place.
6.3 The information detailed at sub-Clause 6.2 must be provided to Us at least one day prior to any Treatment(s) In the event that such information isn’t provided We reserve Our right to cancel the appointment date and time.
6.4 If You have a medical condition, certain Treatment(s) may be unsuitable for You. We advise You to tell Us of any medical condition or on-going medical treatment prior to booking 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).
6.5 It is Your responsibility to make any and all arrangements necessary in order to attend any Treatment(s). By making a purchase from Our Site You are agreeing to attend those Treatment(s) at the date and time selected by You.
Clinic Rules
6.6 We do not permit You to smoke, vape or be under the influence of alcohol or drugs at the Clinic’s premises.
6.7 If You attend your appointment at the Clinic with any child/ren You shall be solely responsible for them during Your Treatment(s). They will not be permitted from entering any Treatment room. We do not have an appropriate member of staff to supervise them and therefore shall not be liable for their health or wellbeing.
Membership
6.8 You may apply to become a member of Our Membership by completing the registration form and agreeing in that form to these Terms and Conditions.
6.9 The details that You provide and confirm in the registration form must be complete and correct, including Your confirmation that You are 18 years or over and a “Consumer”, and that You agree to these Terms and Conditions, including but not limited to the eligibility and the rules set out in Clauses 4 and 5 of these Terms and Conditions.
6.10 You will become a member only if and when We accept Your application and You have paid the Membership Fee as advertised in Our price list or on Our website. Our decision whether or not to accept Your application is in Our absolute discretion.
6.11 Upon Our acceptance of Your application and Your payment of the Membership Fee there will be a contract between You and Us on these Terms and Conditions.
6.12 The initial period of Membership will be one month during which time you will be unable to cancel Your Membership. Thereafter Your Membership will automatically roll over each month until you cancel Your Membership.
6.13 We reserve the right to withdraw or refuse to renew Your Membership, or suspend it for a specific period, if Your conduct is in Our reasonable opinion unacceptable, or is or may be in Our reasonable opinion, harmful to the reputation of the Clinic, or if it amounts to Your breach of these Terms and Conditions, or where in Our reasonable opinion such withdrawal or refusal to renew Your Membership, is otherwise in the interests of the other Members. You will not be entitled to any refund of any part of Your Membership Fee for any withdrawn or suspended period of Membership or for a session started but not completed due to expulsion or to suspension of Your Membership. All sessions booked and/or paid for as a package or individually but not yet attended will then be deemed to be cancelled by Us. You will however be charged.
6.14 To become a member, You must be 18 or over.
6.15 Any Treatment(s) included in Your Membership are non-transferable to other members or non-members.
6.16 Memberships are capped at one Treatment session per day per Treatment type.
6.17 As part of Your Membership, You are entitled to bring a guest along. However, this is only available for Sauna and Cryotherapy chambers and the guest must complete their Treatment at the same time as You.
Gift Vouchers
6.18 After successful receipt of payment You will be emailed your Gift Voucher(s) to the email address used when purchasing. Please ensure You use an email address which is accessible to You – replacements will not be issued or provided to You.
6.19 Gift Vouchers can be redeemed against Treatments and/or Packages either online or in-person with the exception of aesthetic injectables and Obagi skincare. **Black Friday offer gift vouchers can only be used on full price treatments. Packages, Memberships, Skincare products and Injectables are not included in this offer.
6.20 All Gift Vouchers are non-refundable and accordingly You do not have the benefit of the cooling off period detailed in sub-Clause 11.1.
6.21 All Gift Vouchers will be valid for 12 months from the date of purchase. Thereafter the Gift Voucher(s) will expire and any balance will be forfeited.
6.22 In the event that you book a Treatment or Membership utilising a Gift Voucher, and the Gift Voucher has been redeemed, whether in full or part, no cash payment will be returned to You, or anyone using the Gift Voucher, in the event of non-attendance, cancellation or rescheduling.
7. Cancelling and Rescheduling
Cancellation for non Membership Bookings
7.1 Subject to the “Cooling off” period explained in sub-Clause 11.1. Where any Treatment(s) are cancelled by You with less than 48 hours notice Your card will be charged for the Treatment(s). In the event that You cancel the Treatment(s) with more than 48 hours notice Your card provided will not be charged, save as detailed at 11.1.
Rescheduling of non Membership Bookings
7.2 You may reschedule any Treatment(s) once provided You give a minimum of 48 hours notice. In such circumstances the Treatment(s) maybe rescheduled. Such rescheduling must take place within 30 days of the original booking date and time. Any requests, outside of the “cooling off” period to reschedule with less than 48 hours notice or subsequent rescheduling requests will result in Your payment card being charged.
Membership Cancellations and Session Bookings
7.3 Where You sign up for a Membership, this includes a number of sessions for Treatment(s). If You cancel sessions but fail to re-book them within the Month within which they fall due You are prohibited from carrying any unused sessions over to the following Month. You shall not be entitled to any refund of Membership Fees if You fail to use any of Your Membership sessions or any other benefits available to You as part of Your Membership.
7.4 If You wish to cancel Your Membership You can do so by providing Us with at least 7 days’ notice in writing to enquiries@aqua-tox.co.uk. Your Membership will automatically be cancelled at the end of the Month within which You cancel.
8. Pricing and Availability
8.1 Our Booking Confirmation sets out the cost of delivering Your chosen Treatment(s) and/or Membership Fees.
8.2 Minor changes may be made to Our Treatment(s) and/or Membership, from time to time to reflect changes in relevant laws and regulatory requirements. These changes will not alter the main characteristics of the Treatment(s). However, if any change is made that would affect Your use of the Treatment(s) suitable information will be provided to You.
8.3 Where any updates are made to the Treatment(s) and/or Membership they will continue to match Our description of it as provided to You before Your purchase. Please note that this does not prevent Us from enhancing the Treatment(s) and/or Membership, thereby going beyond the original description.
Fees and Payment for Membership
8.4 You must pay for Your Membership in advance each month. You may pay for Your Membership using any of the following methods:
8.4.1 Go Cardless for a monthly direct debit;
8.2.2 Card payment in the Clinic; or
8.4.2 Cash paid in Clinic (to be agreed with Us in advance).
9. Orders – How Contracts Are Formed
9.1 In order to sign up for any Treatment(s) and/or Membership You will be emailed these Terms and Conditions along with Our Purchase Confirmation. You will be required to confirm you accept these Terms and Conditions on Our Site prior to making a purchase for any Treatment(s) and/or Membership. In doing so You are asking to enter into a formal contract with Us.
9.2 No contract will be formed prior to Our issuance of the Booking Confirmation email. Your acceptance of these Terms and Conditions constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending You a Booking Confirmation email. Only once We have sent You a Booking Confirmation will there be a legally binding Contract between Us and You.
9.3 The Booking Confirmation shall contain the following information:
9.3.1 Confirmation of Your purchase including full details the Treatment(s) and/or Membership including the main characteristics;
9.3.2 Fully itemised pricing of Your purchase including, where appropriate, taxes, and other additional charges;
9.3.3 The date and time of Your Treatment(s).
9.4 In the unlikely event that We do not accept or cannot fulfil Your purchase for any reason, We will explain why in writing or by means of telephone call. No payment will be taken under normal circumstances. If We have taken payment any such sums will be refunded to You.
9.5 Any refunds due under this Clause 9 will be issued to You as soon as possible, and in any event within 14 calendar days of the day on which the event triggering the refund occurs. Refunds under this Clause 9 will be made using the same payment method that You used when making Your purchase.
10. Payment for Our non Member Treatment(s)
10.1 In order to secure Our Treatment(s) You must provide Your card details. Your card will not be charged until the day of any Treatment.
10.2 All payments are due without any set-off, withholding or deduction except such amount (if any) of tax as You are required to deduct or withhold by law.
10.3 All Treatment(s) are inclusive of VAT.
11. Cancelling Your Purchase/Booking for non Members
11.1 If You are a Consumer in the UK, by default You have a legal right to a “cooling-off” period within which You can cancel the Contract for any reason, including if You have changed Your mind. We operate a policy of taking payments on the day of the Treatment. This means that You may cancel any booked Treatment (with the exception of Treatments booked via Gift Voucher) provided which You give at least 48 notices of the Treatment time and date.
In the event that You have booked a Treatment date which is less than 14 days, We will not charge your payment card, in accordance with the “cooling off” period. The “cooling off” begins once We have sent You Your Booking Confirmation (i.e. when the Contract between You and Us is formed) and ends when You access any part of the Treatment(s), or 14 calendar days after the date of Your purchase, whichever occurs first. All Gift Voucher(s) do not benefit from the cooling off period and as such Gift Voucher(s) are non refundable.
11.2 If You book Treatments in the course of business You will not benefit from the cooling-off period detailed in sub-Clause 11.1 above. Instead, where You give less than 48 hours notice of cancellation or rescheduling of a Treatment, Your payment card will be charged.
11.3 You may inform Us of Your cancellation by email using the details provided at Clause 3 above. Please ensure you provide Us with Your name, address and email address.
12. Your other rights to end the Contract
12.1 If We are unable to deliver Our Treatment(s) for more than 90 days You may end the Contract immediately. If You end the Contract for this reason, We will issue You with a refund.
12.2 You also have a legal right to end the Contract at any time if We are in breach of it. You may also be entitled to a full or partial refund and compensation. For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.
12.3 If You wish to exercise Your right to cancel under this Clause 12, You may inform Us of Your cancellation by email using the contact details set out at Clause 3 above.
12.4 Any refunds under this Clause 12 will be issued to You as soon as possible, and in any event within 14 calendar days of the day on which You inform Us that You wish to cancel. Refunds under this Clause 12 will be made using the same payment method that You used when making Your purchase.
13. Our Liability
13.1 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 the Contract) 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 the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
13.2 If You are a business customer – 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.
13.3 Nothing in these Terms and Conditions seeks to limit or exclude 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, or for the Treatment(s) which is not as described, does not match information that We provided, not of satisfactory quality, or is not fit for any purpose made known to Us.
13.4 Nothing in these Terms and Conditions seeks to exclude or limit Your legal rights as a consumer. For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.
13.5 We will not be responsible or liable if You are unable to access any Treatment(s) due to any failure or delay in performing Our obligations under the Contract resulting from any cause beyond Our reasonable control.
14. Complaints and Feedback
14.1 We always welcome feedback from Our clients and, whilst We always use all reasonable endeavours to ensure that Your experience as a client of Ours is a positive one, We nevertheless want to hear from You if You have any cause for complaint.
14.2 If You wish to give Us feedback about any aspect of Your dealings with Us, please contact Us via email or post at the details provided at 3.1.
15. How We Use Your Personal Information (Data Protection)
We will only use Your personal data as set out in Our combined Privacy & Cookies Policy available from https://aqua-tox.co.uk/cookie-policy-uk/
16. Other Important Terms
16.1 We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, You will be informed by Us in writing. Your rights under these Terms and Conditions (and the Contract) will not be affected and Our obligations under these Terms and Conditions (and the Contract) will be transferred to the third party who will remain bound by them.
16.2 You may not transfer (assign) Your obligations and rights under these Terms and Conditions (and under the Contract) without Our express and written permission.
16.3 The Contract is between You and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
16.4 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
16.5 If We fail to take steps or delay in taking steps to enforce any of Our rights against You under these Terms and Conditions, that will not prevent Us doing so at a later date, for example Our right to require You to make any payment which has become payable under the Contract.
16.6 We may revise these Terms and Conditions from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms and Conditions as they relate to Your purchase, We will give You reasonable advance notice of the changes and provide details of how to cancel if You are not happy with them.
17. Law and Jurisdiction
17.1 These Terms and Conditions, and the relationship between You and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, the law of England & Wales.
17.2 As a Consumer, any dispute, controversy, proceedings or claim between You and Us relating to these Terms and Conditions, 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.
17.3 As a Business Customer any dispute, controversy, proceedings or claim between You and Us relating to these Terms and Conditions, or the relationship between You and Us (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales.