BACKGROUND:
(A) 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) as sold by Us to Consumers through this website (“Our Site”), https://aqua-tox.co.uk.
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.
(B) Please read these Terms of Sale carefully and ensure that You understand them before making a booking. If You have any query about anything in these Terms of Sale or the attachment, please contact Us to discuss the same.
(C) All of the information that We give to You will be part of the terms of Our Contract with You as a Consumer whether it is information that We:
(i) are required by law to give to You before You make a purchase; or
(ii) 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.
(D) These Terms of Sale, as well as any and all Contracts, are in the English language only.
(E) 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 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, as explained in Clause 9;
“Treatment(s)” means a session of any of the following:
a. Aqua-Tox Ltd is:
i. Colonics
ii. Lipofirm
iii. Emsella
iv. Lipofirm Facials
v. Obagi Facials*
vi. Massage
vii. Food intolerance
Aqua-Tox Aesthetics Ltd is:
i. Anti ageing
ii. Obagi Facials*
iii. Profhilo
iv. Fillers
Aqua-Tox Health Ltd is:
i. Cryo Facial
ii. Laser hair removal
iii. Laser skin care
iv. Localised cryotherapy
v. Red light therapy
vi. NormaTec
vii. Cryotherapy chamber
viii.Hyperbaric oxygen chambers
ix. Infrared Sauna
*the company you contract with for this treatment shall be confirmed at the time of booking
“Stripe” means a payment processor we use to collect payments made for Treatment(s) via Our Site;
“Purchase Confirmation” means Our acceptance and confirmation of Your purchase from Us; and
“You/Your” means the person purchasing Our Treatment(s);
“We/Us/Our” means
- Aqua-Tox Ltd a company registered in England under number 14188446 and whose registered office is at Clover Top, Nup End, Old Knebworth. SG3 6QJ;
- Aqua-Tox Health Ltd a company registered in England under number 13437749 and whose registered office is at 16 St. Christophers Close, Dunstable, England, LU5 4PD; or
- Aqua-Tox Aesthetics Ltd a company registered in England under number 14379138 and whose registered office is at 14 Perowne Way, Ware. SG11 1SZ;
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. All Treatments booked or reserved online are booked with the company listed in the treatment(s) definitions and interpretation above.
3. Contacting Us
3.1 If You wish to contact Us with general questions, You may contact Us by telephone at 07745 525133 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. Consumers only and Age Restrictions
4.1 These Terms of Sale apply only to Consumer purchases from Our Site. If You are a business and wish to instruct Us please contact Us prior to making any purchases.
4.2 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.
4.3 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.
5. Business Customers
These Terms of Sale do not apply to customers purchasing the Treatment(s) in the course of any business trade, craft or profession carried on by either them or any other person/organisation.
6. Our Treatment(s)
6.1 Non members – You will be directed to make a payment 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.
6.2 Please note that whilst You will be able to schedule Treatment(s) We require You to:
6.2.1 Read and complete the necessary 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 at any point, either before, during or after any of Our Treatment(s) You feel unwell You must present yourself to a suitably qualified professional namely a GP, doctor or paramedic.
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.
7. Cancelling and Rescheduling
Cancellation
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 You will forfeit the payment made for Our Treatment(s). In the event that You cancel the Treatment(s) with more than 48 hours notice You will be refunded, to the card used to make the booking within 7 days.
Rescheduling
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, with the payment being carried over. 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 being forfeited.
7.3 Requests to cancel or reschedule must be made by telephoning Us.
8. Pricing and Availability
8.1 Our Purchase Confirmation sets out the cost of delivering Your chosen Treatment(s).
8.2 Minor changes may be made to Our Treatment(s), 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) 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), thereby going beyond the original description.
9. Orders – How Contracts Are Formed
9.1 In order to sign up for any Treatment(s) 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). 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 Purchase 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 Purchase Confirmation email. Only once We have sent You a Purchase Confirmation will there be a legally binding Contract between Us and You.
9.3 The Purchase Confirmation shall contain the following information:
9.3.1 Confirmation of Your purchase including full details the Treatment(s) 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 Treatment(s)
10.1 In order to secure Our Treatment(s) full payment is required by means of Stripe. In the event that payment bounces or is returned to You any Treatment date will be cancelled. Where the same has already taken place, and not been paid for, You will remain liable for the costs of the Treatment(s) purchased.
10.2 Any sums which remain unpaid shall incur interest on a daily basis at 8% above the base rate of the Bank of England from time to time until payment is made in full of any such outstanding sums. This provision shall not apply to payments disputed in good faith.
10.3 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.
10.4 All Treatment(s) are inclusive of VAT.
11. Cancelling Your Purchase/Booking
11.1 As 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, and receive a refund. The period begins once We have sent You Your Purchase 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.
11.2 After the cooling-off period, You may cancel Your purchase at any time. However We cannot offer any refunds.
11.3 If You wish to exercise Your right to cancel under this Clause 11, You may inform Us of Your cancellation by post or email using the details provided at Clause 3 above. Please ensure you provide Us with Your name, address and email address.
11.4 Refunds under this Clause 11 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. They will be made using the same payment method that You used when making Your purchase.
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 to Consumers
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 Our Treatment(s) are intended for non-commercial use only. We make no warranty or representation that Our Treatment(s) are fit for commercial, business or industrial use of any kind. 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/
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.