be at home when
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TOTAL REJUVENATION FOR THE MIND, BODY AND SOUL
TERMS | CONDITIONS
These Terms will apply to any contract between us for the supply of Services to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Services from us. Please note that before we accept an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Services from us.
You should print a copy of these Terms or save them to your computer for future reference. In addition, you will need to print sign and date a copy of these Terms and return them to us as set out in clause 6.2.
We may amend these Terms from time to time as set out in clause 7. Every time you wish to order Services, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 12 January 2015.
These Terms, and any Contract between us, are only in the English language.
1. INFORMATION ABOUT US
1.1 We operate the website www.vanityvacations.co.uk. We are Vanity Vacations Limited, a company registered in England and Wales under company number 09187331 and with our registered office at Suite 10 Mansfield House, 22 Northgate, Sleaford, England, NG34 7DA. Our trading address is Unit 1 Whitehart Mews, Sleaford, NG34 7RY . We are not currently VAT registered.
1.2 Contacting with us:
(a) To cancel a Contract in accordance with your legal right to do so as set out in clause 8, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the cancellation form on our website. A link to the website cancellation form will be included in our Order Confirmation. If you use this method we will e-mail you to confirm we have received your cancellation. You can also e-mail us at firstname.lastname@example.org or contact our Customer Services team by post to Unit 1 Whitehart Mews, Sleaford, NG34 7RY. Please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us.
(b) If you wish to contact us for any other reason, including because you have any complaints, you can contact us by telephoning our Customer Service team at 01529 449484 or by e-mailing us at email@example.com.
(c) If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us.
2. OUR SERVICES
2.1 The Services we provide are intended to facilitate you obtaining cosmetic treatments (Treatment) but are limited to organising your travel and accommodation as well as providing assistance with obtaining the Treatment(s) and at least one representative to be available to provide you with assistance whilst on your trip for the Treatment(s). The Services do not include any Treatment(s) themselves in respect of which you will need to enter into a separate contract with the relevant Treatment provider (Treatment Provider). We will introduce you to the Treatment Provider and act as a liaison on your behalf but we do not accept any responsibility for decisions made, or acts or omissions of, the Treatment Provider. Your attention is drawn to clause 13 (Our Liability) and clause 14 (Limitations of the Services).
2.2 The images on our site are for illustrative purposes only and we cannot guarantee that any Service(s) or Treatments that you receive will be consistent with those images nor that any Treatment(s) will result in any particular outcome or result whether specified by you or not.
3. USE OF OUR SITE
4. HOW WE USE YOUR PERSONAL INFORMATION
5. AGE RESTRICTIONS
If you are a consumer, you may only purchase Services from our site if you are at least 18 years old. If you are underage, please do not attempt to order Services from us.
6. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
6.1 Our enquiry pages will guide you through the steps you need to take to place an enquiry with us. We will then review that enquiry and give you a quote of the likely costs of the Services and Treatment(s) you are interested in. Any quote given by us is valid for one month. You should check for and notify us of any errors that may be in any quotation that we send out to you.
6.2 If you wish to accept our quote, then you will need to email us at firstname.lastname@example.org placing your order with us. You will also need to print, sign and date a copy of these Terms and send it to us at Unit 1 Whitehart Mews, Sleaford, NG34 7RY. We will not accept your order for Services until the signed and dated Terms have been received by us.
6.3 Once we have accepted your order, you will need to complete the medical questionnaire which can be accessed through our site. . It may also be necessary for you to provide relevant photographs to accompany the questionnaire and further information if so requested by the Treatment Provider. You will need to email this information to us at email@example.com if required. The questionnaire, replies to further enquiries and any photographs will be held in the strictest confidence by us but shall be provided to your selected Treatment Provider for the purposes of them assessing your case. The Treatment Provider may disclose any information you provide us to a Third Party. Please note that it is important that the questionnaire and any further enquiries that may be raised are fully, truthfully and accurately completed (and that any photographs you provide are a true representation of what they are intended to capture) as otherwise this could result in the relevant Treatment Provider being unable to perform the Treatment(s) or having to delay those Treatment(s).
6.4 We will notify you when your Treatment Provider advises us of whether it agrees in principle to provide you with the Treatment(s). If it has agreed to do so in principle we will provide you with a list of proposed dates for you to travel for your Treatment(s). Once you have confirmed your selected dates with us, subject to us accepting your order and receiving a signed and dated copy of these Terms from you, we will confirm our acceptance of your order to you by sending you an e-mail (Order Confirmation). The Contract between us will only be formed when we send you the Order Confirmation.
6.5 If we are unable to supply you with the Services, for example due to the unavailability of Treatments or flights or because we cannot meet your selected dates for the Services/Treatment(s), we will inform you of this by e-mail and we will not process your order. If you have already paid for the Services, we will refund you the full amount within 28 days save for your liability to pay us an administration fee of £150 (plus any applicable VAT) in accordance with clause 6.6 below in the case where the Treatment Provider refuses the Treatment.
6.6 Please note that the final decision as to whether the Treatment(s) may be provided will be made by your Treatment Provider once it has carried out an assessment of you in person. The Treatment Provider may at its absolute discretion refuse to provide any Treatment(s) and if this was to occur you will not be entitled to a refund for the Services that we have already provided to you including our standard fee for processing your medical information which is £150 plus VAT.
6.7 Notwithstanding the above, these Terms will becoming binding on you, subject to your rights to cancel in accordance with clause 8 and our acceptance of your order, on the date you sign them.
7. OUR RIGHT TO VARY THESE TERMS
7.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
7.2 Every time you order Services from us, the Terms in force at the time of your order will apply to the Contract between you and us.
7.3 We may revise these Terms as they apply to your order from time to time to reflect changes:
(a) in relevant laws and regulatory requirements; or
(b) changes made to the Treatment(s) by the Treatment Provider.
7.4 If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. If you opt to cancel, we will arrange a full refund of the price you have paid.
8. YOUR CONSUMER RIGHT OF REFUND
8.1 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 8.2. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive the Services, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.
8.2 Your legal right to cancel a Contract starts from the date of the Order Confirmation (the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract is then 14 day from the day after the Contract is formed.
8.3 To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the cancellation form on our website. If you use this method we will e-mail you to confirm we have received your cancellation. Alternatively you may use a copy of the form which is attached as at the end of these Terms as a schedule. You can also e-mail us at firstname.lastname@example.org or contact our Customer Services team by telephone on 01529 449484 or by post to Unit 1 Whitehart Mews, Sleaford, NG34 7RY. If you are e-mailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or e-mail us before midnight on that day.
8.4 If you cancel your Contract we will:
(a) refund you the price you paid for the Services.
(b) make any refunds due to you as soon as possible and in any event within 14 days after the date that you informed us you wish to cancel the Contract.
8.5 We will refund you on the credit card or debit card used by you to pay.
9. PROVIDING SERVICES
9.1 We will supply the Services to you on the dates agreed between you and us in writing until the estimated completion date set out in the Order Confirmation. We will make every effort to complete the Services on time however occasionally our delivery to you may be affected by an Event Outside Our Control (see clause 14 for our responsibilities when this happens) or we may re-arrange your dates of travel pursuant to clause 9.5 below.
9.2 We will need certain information from you that is necessary for us to provide the Services and arrange for the Treatment(s) including you completing the medical questionnaire on our site.. We may contract you in writing about any additional information that we may require. If you do not, having been asked by us, provide us with this information, or you provide us with either incomplete or inaccurate information, we may make an additional charge of a reasonable sum to cover any extra work that is required and/or we may suspend the Services by giving you written notice. We will not be liable for any delay or non-performance where you have not provided this information to us after we have asked for it. If your failure to provide us with the relevant information results in the Treatment Provider refusing the Treatment, we may determine the contract between us whereupon you will not be entitled to a refund.
9.3 We may have to suspend the Services if we have to deal with technical problems. We will contact you to let you know in advance where this occurs, unless the problem is urgent or an emergency. You do not have to pay for the Services while they are suspended under this clause 9.3 but this does not affect your obligation to pay for any invoices we have already sent you.
9.4 If you do not pay us for the Services when you are supposed to as set out in clause 10.4, we may suspend the Services with immediate effect until you have paid us the outstanding amounts (except where you legitimately dispute an invoice under clause 10.6). We will contact you to tell you this. This does not affect our right to charge you interest under clause 10.5.
9.5 It is our standard practice for our customers to travel in groups. If we consider that there is an insufficient number of customers to form a suitably sized group for travel we may cancel the dates agreed with you and, if so, will notify you of this. We will not cancel your travel arrangements within two weeks of the departure date you have agreed with us. If we serve such a cancellation notice on you then we will seek to agree revised dates of travel with you. Where you receive a cancellation notice from us you may either:
(a) agree alternate dates for travel with us; or
(b) cancel this agreement by notice in writing to us in which case you will receive a refund of any amounts you have already paid to us in respect of the Services in question less our reasonable costs.
9.6 We may receive commission from your Treatment Provider as well as the providers of your flights and accommodation. We are entitled to retain any such commission received by us.
10. PRICE OF SERVICES
10.1 The prices of the Services will be as set out in our quotation given pursuant to clause 6.1.
10.2 Prices for our Services may change from time to time, but changes will not affect any order you have already placed.
10.3 The price of the Services includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Services in full before the change in VAT takes effect.
10.4 Where we are providing Services to you, we will ask you to make an advance payment of the full price of the Services together with the further amounts necessary to pay for your Treatments, accommodation and travel. You must pay each invoice in cleared monies within 10 calendar days at the date of invoice by one of the following methods..
10.5 If you do not make any payment due to us by the due date for payment, we may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of Lloyds TSB from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
10.6 However, if you dispute an invoice in good faith and contact us to let us know promptly after you have received an invoice that you dispute it, clause 10.5 will not apply for the period of the dispute.
10.7 You can only pay for Services using one of the methods set out in the payment section of our site.
10.8 Payment for the Services is in advance.
11. IF THERE IS A PROBLEM WITH THE SERVICES
11.1 In the unlikely event that there is any defect with the Services:
(a) please contact us and tell us as soon as reasonably possible;
(b) please give us a reasonable opportunity to repair or fix any defect; and
(c) we will use every effort to rectify the defect as soon as reasonably practicable and, in any event, within 7 days. you will not have to pay for us to rectify the defect with the Services under this clause 11.1.
11.2 As a consumer, you have legal rights in relation to Services not carried out with reasonable skill and care. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
12. YOUR OBLIGATIONS
12.1 In order for us to be able to provide the Services you must comply with the following obligations:
(a) comply with any travel schedules that we provide to you and ensure that you are at the airport in time for the outward flight;
(b) ensure that you have all necessary passports, visa's and other documentation necessary to travel to your selected destination;
(c) ensure that you are fit to travel to your selected destination (you may wish to check any relevant health requirements/recommendations with your local medical practice or health clinic);
(d) provide all information and documentation that we or your Treatment Provider request from you;
(e) comply with any reasonable instructions that we or your Treatment Provider give you including but not limited to any requirements as to diet or medication;
(f) ensure that all information that you provide to us or your Treatment Provider is complete and accurate (failure to do this could result in delays to your Treatment(s) or your Treatment(s) being cancelled); and
(g) comply with all conditions of carriage of the designated air travel provider.
12.2 In addition to the above, it is further recommended that you:
(a) check the up-to-date travel information with the Foreign & Commonwealth Office in respect of your selected destination which can be accessed through www.gov.uk/knowbeforeyougo; and
(b) take out adequate travel insurance.
12.3 You hereby warrant to us that:
(a) you are over the age of 18;
(b) that you have sought relevant medical advise from a suitably experienced and qualified medical practitioner as to the Treatment(s) and have been advised by that person that you are sufficiently fit and healthy to undergo the Treatment(s);
(c) all medical information you provide to us or the Treatment Provider (including the information on your completed medical questionnaire) for the purposes of disclosure to the Treatment Provider is complete, accurate and not in any way misleading;
(d) that you will prior to undergoing the Treatment(s), disclose to the Treatment Provider any facts or circumstances of which you are aware that may have an impact on the Treatment(s) or your suitability to undergo the same; and
(e) you are fit and healthy to travel for the Treatment(s) and you hold a valid UK passport with more than 6 moths until it expires from the proposed date of your departure from the UK for the Treatment(s).
12.4 You acknowledge that we have entered into these Terms with you in reliance on the warranties set out in clause 12.3.
12.5 If we reasonably believe that you have breached any of the warranties set out in clause 12.3, we may terminate this agreement by notice with immediate effect whereupon you will remain liable for the full cost of the Services and any additional costs reasonably incurred by us as a consequence of your breach in accordance with clause 12.6.
12.6 You will indemnify us and hold us harmless in respect of any loss, claim, damage or cost incurred by us in consequence of any breach by you of the warranties set out in clause 12.3.
13. OUR LIABILITY
13.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this Contract.
13.2 We only supply the Services for domestic and private use and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13.3 We do not accept any liability arising as a result of your failure to comply with your obligations under clause 12.1.
13.4 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982;
(d) breach of the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982;
(e) defective products under the Consumer Protections Act 1987.
13.5 Our liability to you is further limited pursuant to clauses 14 and 15 below.
14. LIMITATIONS OF THE SERVICES
14.1 The Services that we provide are limited to:
(a) arranging on your behalf your flights to and from your selected destination for the Treatment(s) and accommodation whilst out there;
(b) providing transport:
(i) from the destination airport to your initial accommodation,
(ii) to the Treatment Provider for your face-to-face assessment and back to your initial accommodation;
(iii) subject to being accepted for Treatment, to your Treatment Provider for the Treatment; and
(iv) to the recuperation accommodation following your Treatment and then to the airport for your return to the UK at the end of your trip.
(c) providing a representative to go with you on your trip as well as a further representative who is based at your selected destination for the purposes of providing general assistance and support to you during your trip (although access to the representatives may be limited);
(d) giving reasonable assistance to you with regard to arranging the Treatment(s) (which remain strictly subject to acceptance by your Treatment Provider); and
(e) providing general support to you in respect of our trip and Treatment(s) including liaising with the relevant parties providing the transport, accommodation and Treatment(s).
14.2 We are arranging your travel and accommodation during your trip on your behalf. We are not providing these services directly to you. These services are being provided by the relevant carriage operator(s)/accommodation provider(s) (as the case may be). On this basis, to the extent permitted by law, we do not accept any liability for any defect in or failure of these services including, without limitation:
(a) any defect, delay or cancellation of flights or other transport or any denied boarding onto aircraft; and
(b) the lack of availability (such as a result of double bookings) or defects in any accommodation, although, provided that you notify us of any such issue(s), we will use reasonable efforts to find alternative transport or accommodation (as the case may be) for you where reasonably practical to do so.
14.3 We do not provide the Treatment(s). They are provided by the Treatment Provider pursuant to a contract directly between you and them. We do not have any influence or control over the Treatment Provider. We therefore do not accept any responsibility or liability in respect of the Treatment(s) including but not limited to:
(a) any refusal to provide the Treatment(s) on any grounds or any delay to or cancellation of your Treatment(s) by the Treatment Provider or any third party connected therewith.
(b) any defect in the Treatment(s);
(c) any complications arising from the Treatment(s).
14.4 Your attention is drawn to this clause. Please note that the Treatment Provider is under no obligation to provide any Treatment(s) to you prior to you entering into a contract with it for those Treatment(s). This contract will only be entered into once you have had a face to face assessment with the Treatment Provider meaning that you will already have travelled to your selected destination. If for any reason the Treatment Provider does refuse to provide any of the Treatment(s) or to delay the Treatment(s) then you will not be entitled to a refund for the Services that we have agreed to provide to you by virtue of that refusal or delay.
14.5 If you elect to extend your trip as a result of the Treatment Provider delaying your Treatment(s) and you ask us to facilitate arranging that extension for you, you will be liable to us for any additional costs that we incur in providing these additional services to you should we agree to provide them.
15. EVENTS OUTSIDE OUR CONTROL
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 15.2.
15.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
15.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Services to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
15.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us.
15.5 If we have to cancel an order for Services before the Services start:
(a) we may have to cancel an order before the start date for the Services, due to an Event Outside Our Control or the unavailability of key personnel, flights or treatments without which you would not receive the benefit of the Services we are to provide to you. We will promptly contact you if this happens.
(b) If we have to cancel an order under clause 15.5(a) and you have made any payment in advance for Services that have not been provided to you, we will refund these amounts to you.
(c) Where we have already started work on your order for Services by the time we have to cancel under clause 15.5(a), we will not charge you anything and you will not have to make any payment to us other than for any costs incurred by us with any third party, such as the Treatment Provider, which cannot reasonably be recovered by us.
15.6 Once we have begun to provide the Services to you, we may cancel the contract for the Services at any time by providing you with at least 30 calendar days' notice in writing. If you have made any payment in advance for Services that have not been provided to you, We will refund these amounts to you.
15.7 We may cancel the contract for Services at any time with immediate effect by giving you written notice if:
(a) you do not pay us when you are supposed to as set out in clause 10.4. This does not affect our right to charge you interest under clause 10.5; or
(b) you break the Contract in any other material way and you do not correct or fix the situation within 5 days of us asking you to in writing.
During the term of this agreement and for a period of one year thereafter, we shall maintain in force, with a reputable insurance company, professional indemnity insurance in an amount not less than £1,000,000.
17. COMMUNICATIONS BETWEEN US
17.1 When we refer, in these Terms, to "in writing", this will include e-mail.
17.2 You may contact us as described in clause 1.2.
18. OTHER IMPORTANT TERMS
18.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you in writing or by posting on this webpage if this happens.
18.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
18.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
18.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
18.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
18.6 Please note that these Terms are governed by English law. This means a Contract for the purchase of Services through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
Schedule MODEL CANCELLATION FORM
(Complete and return this form only if you wish to withdraw from the contract)
To Vanity Vacations Limited, Unit 1 Whitehart Mews, Sleaford, NG34 7RY email@example.com
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of supply of the following for the supply of the following service(s),
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate
© Crown copyright 2013.
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