General Terms and Conditions
STANDARD TERMS AND CONDITIONS FOR THE SALE OF SERVICES.
PRODUCTS AND SERVICES SOLD ON THIS WEBSITE (PMUPOD.COM) ADOPT THE SAME STANDARD TERMS AND CONDITIONS AS OUR PARENT WEBSITES: LAYLAHINCHEN.COM, SHOP.LAYLAHINCHEN.COM AND ELEARNING.LAYLAHINCHEN.COM.
These Terms and Conditions are the standard terms for the sale of services via the PMU POD website by Layla Hinchen – Permanent Makeup, Aesthetics and Training Limited, trading as Layla Hinchen registered in England under number 11212200 whose registered address is 63 Butts Green Road, Hornchurch, Essex, RM11 2JS and whose main trading address is 63 Butts Green Road, Hornchurch, Essex, RM11 2JS.
- Definitions and Interpretation
1.1. In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
|“Business Day”||means, any day other than Saturday or Sunday or bank holiday;|
|“Calendar Day”||means any day of the year;|
|“Contract”||means the contract for the purchase and sale of Services, as explained in Clause 3;|
|“Course fees”||means fees paid for the course and training provided by us and shall include Tuition Fees, Training Materials, products used in lessons, manuals and handouts deemed appropriate by us and refreshments but not registration fees or assessment fees.|
|“Month”||means a calendar month;|
|“Order”||means your order for the Services, made via [insert menthod.eg telephone];|
|“Order Confirmation”||means Our acceptance and confirmation of your Order as described in Clause 3;|
|“Pre-Contract Information”||means information about us, the Services, pricing, and your legal rights that We are required to provide under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 some of which will be provided by our sales people over the telephone and online, and all of which will be made available to you via shop.laylahinchen.com and www.laylahinchen.com|
|“Price”||means the price payable for the Services;|
|“Services”||means the services which are to be provided by Us to you as specified in Schedule 1;|
|“Special Price”||means a special offer price payable for the Services; and|
|“We/Us/Our”||means Layla Hinchen – Permanent Make Up, Aesthetics & Training Ltd trading as Layla Hinchen, registered in England under number 11212200 ,whose registered address is 63 Butts Green Road, Hornchurch, Essex, RM11 2JS whose main trading address is 63 Butts Green Road, Hornchurch, Essex, RM11 2JS.|
- Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by email, text message,fax or other means.
- Information About Us
2.1. Layla Hinchen – Permanent Make Up, Aesthetics & Training Limited, trading as Layla Hinchen, is a Private Limited Company registered in England under number 11212200 ,whose registered address is 63 Butts Green Road, Hornchurch, Essex, RM11 2JS.
2.2. Our VAT number is 299 4887 13.
2.3. We are a VTCT approved centre and privately accredited with Professional Beauty Direct.
- The Contract
3.1. These Terms and Conditions govern the sale of services by Us, via [ the internet/telesales] and will form the basis of the Contract between Us and you. Before submitting your Order, you will have certain key terms and conditions read and explained to you over the telephone and you should ensure that you have read these Terms and Conditions and the Pre-Contract Information carefully.
3.2. Nothing provided by Us including, but not limited to, information given over the telephone, sales and marketing literature, price lists and other information constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at our discretion, accept.
3.3 A legally binding Contract between Us and you will be created upon Our acceptance of your Order, indicated by Our Order Confirmation. Order Confirmations will be provided in writing by email and/ post.
4.1. All Orders for Services made by you will be subject to these Terms and Conditions.
4.2. If you change your mind, you may cancel your Order at any time either before We begin providing the Services or, subject to limitations, once the Services have begun by contacting Us. Please refer to Clauses 10 and 11 for details of your cancellation rights.
4.3. We may cancel your Order at any time before We begin providing the Services in the following circumstances:
4.3.1. The required personnel and/or required materials necessary for the provision of the Services are not available; or
4.3.2. An event outside of Our control continues for more than 7 days (please see Clause 9 for events outside of Our control).4.4. If We cancel your Order under sub-Clause 4.5 and you have already made any payment to Us, the payment will be refunded to you within [14 calendar days. If We cancel your Order, you will be informed by [email] and or telephone and the cancellation will be confirmed in writing by email.
- Price and Payment
5.1. The Price of the Services will be that given by Our salespeople AND/OR will be available on our website at the time of your Order.
5.2. If We offer a Special Price, the Special Price will be valid for 7 days or, if the Special Price is part of an advertised special offer, for the period shown in the advertisement. If the Special Price requires a promotion or voucher code and you are unable to provide a valid promotion or voucher code when making your Order, the Special Price will not be available to you. Orders placed during the validity period of a Special Price will be accepted at the Special Price even if We do not accept your Order until after the period has expired.
5.3. Our Prices may change at any time but these changes will not affect any Orders that We have already accepted.
5.4. All Prices include VAT. If the rate of VAT changes between the date of your Order and the date of your payment, We will adjust the rate of VAT that you must pay. Changes in VAT will not affect any Prices where We have already received payment from you.
5.5. Pricing and payment structures (including due dates for payment) may vary according to the nature of the Services ordered.
5.6. We accept the following methods of payment:
5.6.1. Debit or credit card;
5.6.2.Bank transfer ;
5.7. We do not charge any additional fees for any of the payment methods listed in clause 5.6 above .
5.8. If you do not make any payment to Us by the due date as shown in/on your invoice and training confirmation. We may charge you interest on the overdue sum at the rate of 2% per annum above the base lending rate of Natwest from time to time. Interest will accrue on a daily basis from the due date for payment until the actual date of payment of the overdue sum, whether before or after judgment. You must pay any interest due when paying an overdue sum. If you do not make any payment to us, we will not hold your place on the course.
5.9. The provisions of sub-Clause 5.8 will not apply if you have promptly contacted Us to dispute an invoice in good faith. No interest will accrue while such a dispute is ongoing.
5.10. In the event of you withdrawing from a course before completion or failing to attend the course without giving 28 days’ notice no refund will be made or transfer offered.
5.11. If you notify us in writing (by email or letter) up to 28 days before the start date of the course and where we issue you with a written (usually email) confirmation of acceptance, your dates may be transferred. If your booking was made more than 14 days prior to contacting us, no refund will be offered.
5.12. It is your responsibility to ensure the chosen course is suitable for you. It is also your responsibility to study resources deemed appropriate to pass written and practical assessments/exams. Any written exams hat have to be retaken will be charged for as follows :-Written exam 1st attempt included in course fees
Written exam 2nd attempt included in course fees.
Written exam 3rd attempt £25.
Written exam further attempts £35.
Practical exam 1st attempt- included in course fees.
Practical exam further attempt- £75 each.
- Providing the Services
6.1. As required by law, We will provide the Services with reasonable skill and care, consistent with best practices and standards in the industry and in accordance with any information provided by Us about the Services and about Us. We will begin providing the Services on the date agreed when you make your Order (which shall be confirmed in Our Order Confirmation). Please note that if you request that the Services begin within the statutory 14 Calendar Day cancellation (or “cooling-off”) period, your right to cancel may be limited or lost. Please see Clause 10 for your statutory cancellation rights.
6.2. We will continue providing the Services for the advertised course length.
6.3. We will make every reasonable effort to provide the Services in a timely manner and to complete them on time. We cannot, however, be held responsible for any delays if an event outside of Our reasonable control occurs. Please see Clause 9 for events outside of Our control.
6.4. If We require any information from you in order to provide the Services, We will inform you of this as soon as is reasonably possible. Depending upon the exact nature of the Services you require from Us, We may require information such as your personal details for registration & any learning difficulties.
6.5. If the information you provide under sub-Clause 6.4 is delayed, incomplete or otherwise incorrect, We will not be responsible for any delay caused as a result. If additional work is required from Us to correct or compensate for a mistake made as a result of incomplete or otherwise incorrect information that you have provided We may charge you a reasonable additional sum for that work.
6.6. In certain circumstances, for example where there is a delay in you sending Us information required under sub-Clause 6.4, We may suspend the Services (and will inform you of that suspension by telephone and in writing by email).
6.7. In certain circumstances, for example where We encounter a technical problem, We may need to suspend or otherwise interrupt the Services to resolve the issue. Unless the issue is an emergency and requires immediate action We will inform you in advance by telephone and writing by email before suspending or interrupting the Services.
6.8. If the Services are suspended under sub-Clause 6.6 or 6.7, you will not be required to pay for them during the period of suspension. You must, however, pay any invoices that you have already received from Us by their due date(s).
6.9. If you do not pay Us for the Services as required by Clause 5, We may suspend the Services until you have paid all outstanding sums due. If this happens, We will inform you by telephone and in writing by email. This does not affect Our right to charge you interest under sub-Clause 5.8.
- Problems with the Services and Your Legal Rights
7.1. We always use reasonable endeavours to ensure that Our Services are trouble-free. If, however, there is a problem with the Services We request that you inform Us as soon as is reasonable possible via email@example.com / 07921744334.
7.2. We will use reasonable efforts to remedy problems with the Services as quickly as is reasonable possible and practical. In emergency situations such as those where vulnerable people living in your property may be affected, We will use reasonable efforts to remedy problems within 24 hours.
7.3. We will not charge you for remedying problems under this Clause 7 where the problems have been caused by Us, any of Our agents or sub-contractors or where nobody is at fault. If We determine that a problem has been caused by incorrect or incomplete information provided by you, sub-Clause 6.5 will apply and We may charge you for the remedial work.
7.4. As a consumer, you have certain legal rights with respect to the purchase of services. For full details of your legal rights and guidance on exercising them, it is recommended that you contact your local Citizens Advice Bureau or Trading Standards Office. If We do not perform the Services with reasonable skill and care, you have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you, you have the right to a reduction in price. If the Services are not performed in line with information that We have provided about them, you also have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you (or if Our breach concerns information about Us that does not relate to the performance of the Services), you have the right to a reduction in price. If for any reason We are required to repeat the Services in accordance with your legal rights, We will not charge you for the same and We will bear any and all costs of such repeat performance. In cases where a price reduction applies, this may be any sum up to the full Price and, where you have already made payment(s) to Us, may result in a full or partial refund. Any such refunds will be issued without undue delay (and in any event within 14 calendar days starting on the date on which We agree that you are entitled to the refund) and made via the same payment method originally used by you unless you request an alternative method. In addition to your legal rights relating directly to the Services, You also have remedies if We use materials that are faulty or incorrectly described.
- Our Liability
8.1. We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence (including that of Our employees, agents or sub-contractors). Loss or damage is foreseeable if it is an obvious consequence of the 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.
8.2. We provide Services for domestic and private use (or purposes). We make no warranty or representation that the Services are fit for commercial, business or industrial purposes 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.
8.3. Nothing in these Terms and Conditions seeks to exclude or limit Our liability for failing to perform the Services with reasonable care and skill or in accordance with information provided by Us about the Services or about Us.
8.4. 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
- Events Outside of Our Control (Force Majeure)
9.1. We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, Government decree, order, regulation or any other event that is beyond Our reasonable control.
9.2. If any event described under this Clause 9 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions or the Contract:
- 9.2.1. We will inform you as soon as is reasonably possible;
- 9.2.2. Our obligations under these Terms and Conditions will be suspended and any time limits that We are bound by will be extended accordingly;
- 9.2.3. We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Services as necessary;
- 9.2.4. If the event outside of Our control continues for more than 7 days. We will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible;
- 9.2.5. If an event outside of Our control occurs and you wish to cancel the Contract, you may do so. Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible.9.3. On vary rare occasions due to circumstances beyond our control it may be necessary to reschedule or cancel a course upon which a booking is made. If the reschedule date offered to you are not convenient to you our liability will be to refund payments already paid by you to us. No other compensation will be made by us to you.
- Your Statutory Right to Cancel
10.1. As a consumer you have a statutory right to cancel your Contract with Us up to 14 Calendar Days after the Contract between you and Us is formed (as explained in sub-Clause 3.3). You may cancel your Contract with Us for any reason under this right. If you wish to cancel your Order before receiving Our Order Confirmation or if you wish to cancel the Contract after receiving the Order Confirmation but before the Services begin, sub-Clause 10.2 will not apply.
10.2. As noted in sub-Clause 6.1, if you have requested that the Services begin within the 14 Calendar Day cancellation period your statutory right to cancel may be limited or lost. By requesting that the Services begin within the statutory cancellation period you acknowledge and agree that:
- 10.2.1. If the Services are fully performed within the 14 Calendar Day cancellation period, you will lose your right to cancel after the Services are fully performed.
- 10.2.2. If you cancel the Services after they have begun but are not yet complete (where applicable) you will be required to pay for the Services supplied up to the time at which you inform Us that you wish to cancel. The amount due shall be calculated in proportion to the full price of the Services and the actual Services already provided. Any sums that you have already paid shall be refunded subject to deductions calculated in accordance with the foregoing.
- 10.3. If you wish to exercise your right to cancel under this Clause 10, you must inform Us of your decision. You may do so in any way that is convenient for you. Please ensure that you inform Us of your decision to cancel before the period in sub-Clause 10.1 expires (note that the cancellation period is defined as whole Calendar Days. If, for example, you send Us an email or a letter by 23:59 on the final day of the cancellation period, your cancellation will be valid and accepted). We provide a cancellation form that you may use if you wish to inform Us in writing. The cancellation form and accompanying instructions are available from our email firstname.lastname@example.org. Alternatively, please contact Us:
- 10.3.1. By telephone on 07921744334;
- 10.3.2. By email on email@example.com; or
- 10.3.3. By post at 63 Butts Green Road, Hornchurch, Essex RM11 2JS
- 10.4. We may ask you why you have chosen to cancel and may use any answers you provide to improve Our services, however you are under no obligation to provide any details if you do not wish to.
- 10.5. Refunds under this Clause 10 will be issued to you no later than 14 Calendar Days after the date on which you inform Us that you wish to cancel.
- 10.6. Refunds under this Clause 10 will be made using the same payment method you used when ordering the Services unless you specifically request that We make a refund using a different method.
- Cancellation After the Statutory Cancellation Period
11.1. Cancellation of Services after the 14 Calendar Day cancellation period has elapsed shall be subject to the specific terms governing those Services and may be subject to a minimum contract duration. You will be informed of the relevant duration and cancellation provisions by Our salespeople before you complete your Order and details will also be included in the Pre-Contract Information.
11.2. If you wish to exercise your right to cancel under this Clause 11, you must inform Us of your decision to do so. You may do so in any way that is convenient for you. We provide a cancellation form that you may use if you wish to inform Us in writing. The cancellation form and accompanying instructions are available by email to firstname.lastname@example.org. Alternatively, please contact Us:
- 11.2.1 By telephone on 07921744334;
- 11.2.2 By email on email@example.com ; or
- 11.2.3 By post at 63 Butts green road, Hornchurch, Essex RM11 2JS
11.3. We may ask you why you have chosen to cancel and may use any answers you provide to improve Our services, however you are under no obligation to provide any details if you do not wish to.
11.4. Eligibility for refunds may vary according to the Services ordered. In some cases you may be required to make a further payment on cancellation. You will be informed of the relevant terms by Our team before you submit your Order and details will also be included in the Pre-Contract Information.
11.5. Refunds under this Clause 11 will be issued to you no later than 14 Calendar Days after the date on which you inform Us that you wish to cancel.
11.6. Refunds under this Clause 11 will be made using the same payment method you used when ordering the Services unless you specifically request that We make a refund using a different method.
11.7. On very rare occasions it may be necessary to cancel or reschedule a course . If the reschedule dates offered to you are inconvenient to you our only liability will be to refund payments made already by you and no other compensation will be paid.
- Communication and Contact Details
12.1. If you wish to contact Us with general questions or complaints, you may contact Us by telephone at 07921744334 or by email at firstname.lastname@example.org.
12.2. For orders, payments and delivery please contact Us by telephone at 07921744334 or by email at email@example.com.
- Complaints and Feedback
13.1. We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
13.2. All complaints are handled in accordance with Our complaints handling policy and procedure, available from www.laylahinchen.com .
13.3. If you wish to complain about any aspect of your dealings with Us, including, but not limited to, these Terms and Conditions, the Contract, or the Services, please contact Us in one of the following ways:
- 13.3.1. In writing, addressed to Layla Hinchen, 63 Butts Green Road, Hornchurch, Essex RM11 2JS
- 13.3.2. By email, addressed to Layla Hinchen at firstname.lastname@example.org
- 13.3.3. Using Our complaints form, following the instructions included with the form;
- How We Use Your Personal Information (Data Protection)
We will only use your personal information as set out in Our Privacy Notice available from www.laylahinchen.com.
- Other Important Terms
15.1. 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 will not be affected and Our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.
15.2. You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.
15.3. 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.
15.4. 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.
15.5. No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.
- Governing Law and Jurisdiction
16.1. These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
16.2. As a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 16.1 above takes away or reduces your rights as a consumer to rely on those provisions.
16.3. Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
- Payments and cancellations:
1.1. All current fees are payable at shop.laylahinchen.com or by BACS. Details can be found on your invoice. If you are unsure of fees for your course, please contact us for clarification on 07921744334.
1.2. Your remaining balance must be paid no later than 21 days prior to your course start date. Failure to do so will result in a loss of your booking fee and the place being opened up to other students.
1.3. All instalment agreements must be adhered to, agreed and signed by the Academy and the student. Failure to adhere to this will result in the course dates being opened up to other students and forfeit of any payment already paid to the academy.
- Data Protection
2.1 You agree that your records may be kept on paper or electronically.
2.2 We agree to keep all your personal details confidential.
2.3 We may use your address and contact details to post you information about new treatments, newsletters or special offers unless you decline this service.
3.1. You must ensure that you attend every hour of the course on which you are booked. Our course content is designed to meet the criteria set out by the relevant awarding bodies. Failure to attend all the guided learning hours could result in you not gaining the relevant qualification.
3.2. Students must be 18 years or over at the time they commence a course.
3.3 Layla Hinchen will not guarantee any student will pass any test, examination or competence certificate. If during the test, examination or competency demonstration you do not meet the standards required by the governing body applicable to that skill, Layla Hinchen cannot be held responsible.
3.4 Courses will require practice on models at home plus written assignments to enable completion. Photo evidence will be required.
3.5 Layla Hinchen reserves the right to alter timetables where necessary.
3.6 Layla Hinchen reserves the right to alter and rearrange the course structure and content as and when necessary or as directed by VTCT without notice.
3.7 Layla Hinchen reserves the right to decide on the number of students present on a course at any time.
3.8 Layla Hinchen reserves the right to refuse entry/enrolment onto any course or refuse education to a student booked on a course with valid reason.
3.9 All course materials are copyright to Layla Hinchen and will not be copied without written permission.
3.10 You acknowlegde that if you have not handed in all written work to your course tutor for marking within the agreed period you will be subject to further fees, you also acknowlegde that this work needs to be at the standard expected by VTCT .
3.11 Home study of theory is required and is the students/applicants responsibility to do so in order to have the knowledge to pass assessments.
Re-sits and re-takes of written or practical assessments will need to be taken at a time scale set by Layla Hinchen to fit in with the internal verifier.
4. We endeavour to provide An exemplary service however, if you are not happy about any aspect of your experience with us we would like to hear about it so we can address any concerns and to ensure it helps us improve our service. You can call us on 07921 744334 or email us at: email@example.com or write to us at : Layla Hinchen, 63 Butts Green Rd, Hornchurch, RM11 2JS. The complaint will be looked into and a written response sent within 7 working days.