Terms & Conditions
Lagoon Salon Terms & Conditions
BACKGROUND:
These Terms and Conditions are the standard terms which apply:
A. to provision to customers of any Services (as “Services” is defined in Clause 1 below) by the Salon, namely Lagoon of 139 Alexandra Road, London, SW19 7JY or company, JP Lagoon Ltd registered in England under number 07326007 whose registered office is at 139 Alexandra Road, London, SW19 7JY; and
B. where the customer is a “Consumer” as defined by the Consumer Rights Act 2015.
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Business” means any business, trade, craft, or profession carried on by You or any other person/organisation;
“Consumer” means a “consumer” as defined by the Consumer Rights Act 2015, and in relation to these Terms and Conditions means an individual customer of the Salon who receives Services for the customer’s personal use and for purposes wholly or mainly outside the purposes of any Business;
“Regulations” means The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013;
“Salon/We/Us/Our” Means Lagoon whose place of business and contact address is the same address as above and includes all employees and agents of the Salon;
“Services” means any and all of the treatments, facilities, services, products and other goods and materials which we provide/use;
“Gift Voucher/Voucher” means a gift voucher sold by Lagoon for treatments and/or products which we provide/use;
“Phorest” means the salon software provider Phorest and the salon software and appointment booking software provided by Phorest; and
“You/Your” means an individual who is a customer of the Salon.
1.2 Unless the context otherwise requires, each reference in these Terms and Conditions to:
—- 1.2.1 “these Terms and Conditions” is a reference to these Terms and Conditions; and
—- 1.2.2 a Clause or sub-Clause is a reference to a Clause of these Terms and Conditions;
1.3 The headings used in these Terms and Conditions are for convenience only and shall not affect the interpretation of these Terms and Conditions;
1.4 Words signifying the singular number shall include the plural and vice versa; and
1.5 References to any gender shall include the other gender.
2. Appointments
2.1 The Services which we offer are only available by appointment, walk-in appointments are possible during the salon opening hours. All appointment requests are subject to availability. You may book an appointment in person at the salon; by email; over the phone; by text message. It is also possible to contact the salon via various social media platforms or Apps.
NB: Appointments made via the Phorest online appointment booking platform are covered by the terms and conditions set out in Clause 3;
2.2 Your request for an appointment booking will be an offer, but whether we accept any booking will be for us to decide at our discretion. Only if and when we tell you that we accept your request for a particular appointment, will there be a binding contract between you and us. If by means of a single online booking, you make a booking for two or more appointments and/or two or more people, our contract with you will be for all of the appointments concerned.
2.3 When you book an appointment, we may require you to pay us a reservation fee / deposit, some or all of which we will be entitled to keep as set out in sub-Clause 2.7 below if you later cancel or reschedule the appointment without giving us prior notice of at least 24 hours.
2.4 We will not reserve or guarantee any particular date and/or time which you request for any Services unless you book an appointment for that time/date;
2.5 If you know you are going to be late for an appointment, you should contact us to tell us. Late customer arrival will reduce the treatment time available and your appointment length may need to be adjusted accordingly. If you arrive later than 10 minutes after an appointment time, we will try to provide the services you have booked but if we decide that we cannot, the appointment will be treated as cancelled without notice by you and, if we then decide to make a charge for that appointment cancelled without notice, sub-Clause 2.7 below will apply;
2.6 You may cancel an appointment without charge if you give us at least 24 hours prior notice of the cancellation, and if you do so we will refund to you any sum (including, but not limited to any reservation fee / deposit) you paid in advance;
2.7 If you do not give us at least 24 hours prior notice of cancellation of an appointment, we will be entitled to charge you for any net financial loss that we suffer due to your cancellation but not more than 50% of the full price of the appointment. We will be entitled to deduct that charge from any sum (including, but not limited to any reservation fee / deposit) you paid in advance, and we shall refund the balance to you;
2.8 If, due to exceptional circumstances (such as bereavement) you cancel an appointment without giving us at least 24 hours prior notice, we will consider the circumstances and at our discretion decide whether to waive any charge for late cancellation that we are entitled to make under sub-Clauses 2.5 and 2.7;
2.9 We may cancel an appointment booked by you at any time before the time and date of that appointment in the following circumstances:
—- 2.9.1 The required personnel and/or required materials necessary for the provision of the services are not available; or
—- 2.9.2 An event outside of our reasonable control occurs (examples include a power cut or Covid enforced shutdown of businesses); or
—- 2.9.3 We find that you are not a “Consumer” (as defined in Clause 1 above);
If we cancel an appointment in such circumstances we will refund to you in full any reservation fee / deposit or other advance payment that you have made to us for that appointment;
2.10 We will use all reasonable endeavours to start the services at the appointment time which you have booked, but the start may be delayed by overrun of a previous appointment or by other circumstances. If a delay to the start is at least 30 minutes, or, if at any time before or after you arrive for an appointment we notify you that there will be a delay of at least that time, you may cancel the appointment and we will refund to you in full any reservation fee / deposit or other advance payment that you have made to us for that appointment; and
2.11 Where the contract we make with you for a Salon appointment is not made on our premises, the 14 day “cooling off” period under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 does NOT apply. Salon appointments are classed as leisure activities booked for specific time and date. Once a salon appointment booking has been made by email; over the phone; by text message; via a social media platform or an App, the Lagoon Beauty Salon terms and conditions are applicable, including sub-Clauses 2.5 and 2.7 for late cancellation of appointments. Terms and conditions of Salon appointment bookings made via the Phorest online booking platform are covered by Clause 3;
2.12 Lagoon does not accept responsibility for cancellations by you regardless of the circumstances in which the cancellation is made.
Lagoon shall not accept any liability for losses, additional expenses or any claim whatsoever due to our cancellation of a booking under Clause 2.9; changes in our salon services, sickness, weather, strikes or any other cause.
3. Appointments booked via the Phorest Online Booking Platform
3.1 The services which we offer are available by booking an appointment Lagoon uses third-party providers to administer online appointment bookings including Phorest software and in turn the third-party online appointment provider uses third-party payment gateway companies to process card payments.
The Phorest online booking platform contains links to Phorest’s booking terms & conditions and their Privacy Notice. You are responsible for reading and agreeing to the terms set out in these documents before using the online booking platform. By using the online booking platform You are agreeing to:
– Lagoon’s Terms & Conditions for online appointment bookings (as set out in this document);
– Lagoon’s Privacy Notice
– Phorest’s Booking Terms & Conditions and
– Phorest’s Online Booking Privacy Notice;
3.2 Your search or request for appointment availability for a treatment service(s) via the online platform does not constitute a binding contract between you and us. We will not reserve or guarantee any particular date and/or time which you request for any services unless you book an appointment for that time/date;
3.3 When you book an online appointment, you are required to pay us a reservation fee / deposit using either a credit card or debit card. We will be entitled to keep the reservation fee / deposit (as set out in Clauses 6 & 3.7 below) if you later cancel or reschedule the appointment without giving us prior notice of at least 24 hours or you do not show up for your appointment.
The amount of the reservation fee / deposit will depend on the total cost of your booking and will usually range from 30% to 50%. The Phorest online booking platform uses a third-party payment gateway company to process card payments.
3.4 When you pay the reservation fee / deposit via the online appointment platform to confirm your booking selection, this forms a binding contract between you and us for the appointment booking.
If by means of a single online booking, you make a booking for two or more appointments and/or two or more people, our contract with you will be for all of the appointments concerned;
3.5 You may, without charge, cancel or reschedule bookings made online up to 24 hours in advance of the time of the appointment by going to your online Phorest account.
—- 3.5.1 If an online appointment is cancelled by you by providing 24 hours or more notice, your reservation fee / deposit will be refunded to your payment card (usually takes 3-5 working days).
—- 3.5.2 If an online appointment is partially cancelled by you by providing 24 hours or more notice (i.e. cancellation of one or more treatments, but not all the treatments that are part of the booking), your reservation fee / deposit will either remain unchanged and the balance due will be reduced. Or the proportion of the reservation fee / deposit relating to the treatment(s) cancelled will be refunded.
—- 3.5.3 If an online appointment is rescheduled by you by providing 24 hours or more notice, your reservation fee / deposit will be transferred to your new rescheduled appointment.
3.6 If an appointment is cancelled or rescheduled by you without giving at least 24 hours notice, your reservation fee / deposit will be retained by the Salon to cover the financial loss that we suffer due to your late cancellation or rescheduling of the appointment.
3.7 If you do not show up for an appointment or are significantly late for your scheduled appointment, your reservation fee / deposit will be retained by the Salon to cover the financial loss that we suffer due to the missed appointment and blank treatment space created.
3.8 If, due to exceptional circumstances (such as bereavement) you cancel an appointment booking online without giving us at least 24 hours prior notice, we will consider the circumstances and at our discretion decide whether reduce or waive any charge for late cancellation that we are entitled to make under Clauses 6 and 3.7.
3.9 If you know you are going to be late for an appointment, you should contact us to tell us. Late customer arrival will reduce the treatment time available and your appointment length may need to be adjusted accordingly. If you arrive later than 10 minutes after an appointment time, we will try to provide the services you have booked but if we decide that we cannot, the appointment will be treated as cancelled without notice by you and cancellation fees will be as set out in Clause 3.7;
3.10 Selection of a named therapist for a particular treatment service does not guarantee that therapist will undertake your treatment. The contract between you and the salon is for the selected beauty treatment service(s) to be provided at the time & date selected, the salon reserves the right to allocate therapists to customer appointment bookings as is appropriate for our management of the salon. When booking an online appointment, customers should treat the therapist names displayed as for illustration purposes only. Examples of why this policy is in place include: staff rotas sometimes change; employees can be off work sick; to fulfil other appointment bookings and the efficient allocation of therapists to deliver consistent quality beauty services to all our customers and to maximise booking capacity;
3.11 For online bookings for multiple treatment services and/or multiple people, Lagoon will decide the appropriate order in which to professionally deliver your beauty treatments. This may involve doubling up therapists as appropriate and delivering treatments in a different order to how you entered them into the online booking platform.
3.12 Automated online bookings can sometimes result in appointments being scheduled with an inefficient allocation of salon resources and/or therapist time. In these circumstances we may contact you after you have booked an online appointment to request whether we can move your appointment to an alternative time (typically this would involve moving your appointment by 15 or 30 minutes). If you are not able to move your appointment, Lagoon will fulfil the appointment at the original time and date booked.
3.13 We may cancel an online appointment booked by you at any time before the time and date of that appointment in the following circumstances:
—- 3.13.1 The required personnel and/or required materials necessary for the provision of the services are not available; or
—- 3.13.2 An event outside of our reasonable control occurs (examples include a power cut or Covid enforced shutdown of businesses); or
—- 3.13.3 We find that you are not a “Consumer” (as defined in Clause 1 above);
If we cancel an appointment in such circumstances the online reservation fee / deposit paid at the time of booking will be refunded to your payment card.
If we only partially cancel your online appointment booking (i.e. cancellation of one or more, but not all treatments that are part of the booking) your reservation fee / deposit will not change.
3.14 We will use all reasonable endeavours to start the services at the appointment time which you have booked, but the start may be delayed by overrun of a previous appointment or by other circumstances. If a delay to the start is at least 30 minutes, or, if at any time before or after you arrive for an appointment we notify you that there will be a delay of at least that time, you may cancel the appointment and the online reservation fee / deposit paid at the time of booking will be refunded to your payment card.
3.15 Where the contract we make with you for a salon appointment is made via our online appointment platform, the 14 day “cooling off” period under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 does NOT apply. Salon appointments are classed as leisure activities booked for specific time and date. Once a salon appointment booking has been made by an online booking, the Lagoon Beauty Salon terms and conditions are applicable, including cancellation fees as set out in Clauses 6 and 3.7;
3.16 Lagoon does not accept responsibility for cancellations by you regardless of the circumstances in which the cancellation is made.
Lagoon shall not accept any liability for losses, additional expenses or any claim whatsoever due to our cancellation of a booking under Clause 3.13; changes in our salon services, sickness, weather, strikes or any other cause.
3.17 No guarantee is given that the information on online appointment booking platform will be error free. By using this website you understand that the information may contain errors and we do not accept liability for these errors, to the amount that is allowed by law.
3.18 The online appointment booking platform may contain hyperlinks to websites operated by parties other than Lagoon. These hyperlinks are provided for your reference only. Lagoon does not control those websites and is not responsible for their contents. The existence of hyperlinks to other websites does not mean we endorse the material on those websites or that we have any association with the website operators.
4. Fees and Payment
4.1 You must pay in accordance with our price list for all services on completion of those that we have fully and correctly provided to you;
4.2 You may pay us for services (and for any deposit or other advance payment on account of that payment) using any of the following methods:
—- 4.2.1 Debit or credit card;
—- 4.2.2 Cash;
—- 4.2.3 Gift voucher; or
—- 4.2.4 Bank transfer;
4.3 We may alter our prices without prior notice, but if the price of any services increases between the time when you book an appointment and the date of the appointment, the price increase will not apply to your appointment for those Services on that date; and
4.4 All prices of services shown in the price list are inclusive of VAT.
5. Eligibility for Treatment
5.1 You confirm that, in connection with your request(s) to receive any services from us, you are and will be a “Consumer” as defined in Clause 1 above;
5.2 We will not provide certain treatments to you unless you are aged 16 or over. We may require evidence of your age for that purpose;
5.3 We will not provide certain treatments to you if you are aged under 16 unless you have parental consent. We may require evidence of your age for that purpose;
5.4 If you have a medical condition certain treatments may be unsuitable for you. We advise you to tell us of any medical condition or on-going medical treatment when you book 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) as set out in Clause 2.7 above and for online appointment bookings in Clause 3.6;
5.5 Certain treatments require a patch test to be conducted for customer safety. Patch tests are available in the salon and are free of charge.
6. Salon Rules
6.1 All Salon customers booking appointments for beauty treatment services are required to complete a consultation form(s) relating to the treatment service they have requested and to register with the salon. Lagoon Privacy Policy.
Consultation forms are used to assess your eligibility for the treatment(s) requested and to ensure the salon complies local council licencing requirements, salon insurance and other relevant requirements expected of a professional salon.
The salon reserves the right to refuse to provide you with beauty treatment services if you refuse to complete a treatment consultation form.
6.2 We do not permit you to smoke or vape inside the salon.
6.3 The salon kindly requests that you limit making or receiving mobile phone calls at the salon’s premises, as this can cause disruption to other customer’s treatments. If it is necessary to make a mobile phone call, we request that you do so as quietly as possible.
6.4 For most beauty treatments the use of tech gadgets during the appointment is not appropriate. However, where the customer can use items such as iPads, laptops or surfing internet on a mobile phone during their time inside the salon; we request that you use headphones or put the sound on mute.
6.5 Lagoon is a family orientated salon as most of our customers have children, However, we respectfully request that you consider carefully childcare arrangements when booking appointments. We do not have available member(s) of staff to supervise children under the age of 10 or the look after babies. Most young children find sitting in the salon whilst a parent has a beauty treatment to be boring, alternative childcare arrangements is always preferable.
For safety reasons no child or baby can accompany a customer into a treatment room whilst you have a beauty treatment.
6.6 Abusive or inappropriate behaviour towards Lagoon employees will not be tolerated. Depending upon the seriousness of the abusive or inappropriate behaviour, the salon will either request that you modify your behaviour or in cases in which we consider to be serious, your appointment will be automatically cancelled, and you will be requested to immediately leave the premises. In circumstances where your conduct is considered by Lagoon to be serious enough to warrant cancellation of your appointment; full payment for the treatment(s) booked will be payable by you to the salon. Lagoon also reserves the right to refuse to take any future appointment booking from you.
7. Gift Vouchers (purchased in the Salon)
7.1 Gift vouchers are available to purchase in person from the Salon reception at Lagoon, 139 Alexandra Road, London, SW19 7JY. Vouchers can be purchased for specific treatments and/or monetary amounts (minimum value £10);
7.2 The Lagoon gift voucher validity period is generally 6 months from date of purchase unless otherwise stated on the purchased voucher. Beauty treatment appointments must be booked and undertaken prior to the expiry date of the gift voucher, otherwise the voucher will be deemed to be invalid and no liability will be accepted by Lagoon.
7.3 Vouchers are valuable documents and cannot be replaced if they are lost, damaged or stolen and are invalid if altered or tampered with. Lagoon will accept no liability in these circumstances.
7.4 Gift vouchers may be redeemed only for treatments or products which we provide at the salon and may not be redeemed partly or wholly for cash.
7.5 Gift vouchers are non-transferable.
7.6 Gift vouchers are non-refundable.
7.7 Occasionally gift vouchers are purchased from the salon reception by a customer over the phone or by email request. In these circumstances the Regulations provide addition consumer rights. In addition to the terms set out in Clauses 7.2; 7.3; 7.4; 7.5 and 7.6, You have the right to cancel the gift voucher purchase and obtain a refund within the first 14 days of purchase.
For gift vouchers purchased from the salon by phone or email request the following applies:
—- 7.7.1 You can be obtain a refund on unused vouchers bought direct from the salon within 14 days of purchase.
—- 7.7.2 Refunds cannot be given if the voucher has been used within the first 14 days after purchase. If the voucher has been partially used during the first 14 days after purchase, a refund can be obtained during the 14 day period for the unused portion of the voucher.
—- 7.7.3 Refunds can only be made to the purchaser of the voucher and the monies will be refunded directly to the original method of payment.
—- 7.7.4 Refunds cannot be given on expired vouchers.
—- 7.7.5 If you have changed your mind about your gift voucher purchase within the first 14 days after the purchase, please contact the Salon on 020 8947 2332 or email info@lagoonspa.co.uk to request a refund quoting the gift voucher reference number printed on voucher.
—- 7.7.6 For your refund request to be valid, the request must be received by the Salon within the 14 day period after you purchased the voucher. Refunds will be issued by Lagoon promptly. However, they will only be issued after you have returned the unwanted gift voucher to Lagoon, 139 Alexandra Road, London, SW19 7JY. The cost of returning your Voucher for a refund will not be borne by Lagoon and we strongly recommend that you either bring the gift voucher into the salon in person or use a secure delivery service such as Royal Mail Special Delivery (with postal insurance as appropriate), vouchers cannot be refunded until they are received by us.
8. Gift Vouchers (purchased online)
8.1 Gift vouchers are available online at https://gift-cards.phorest.com/salons/lagoon can be purchased in monetary amounts (minimum £20 and maximum £1,000);
8.2 Online gift vouchers issued up to and including 29/08/23 are valid for 6 months. Online gift vouchers issued on or after the 30/08/23 are valid for 12 months. Beauty treatment appointments must be booked and undertaken prior to the expiry date of the gift voucher, otherwise the voucher will be deemed to be invalid and no liability will be accepted by Lagoon.
8.3 Online gift vouchers are valuable documents and cannot be replaced if they are lost, damaged or stolen and are invalid if altered or tampered with. Lagoon will accept no liability in these circumstances.
8.4 Online gift vouchers may only be redeemed for treatments and/or products which we provide at the salon and may not be redeemed partly or wholly for cash.
8.5 Gift vouchers are non-transferable.
8.6 Gift vouchers are non-refundable.
8.7 In addition to the terms set out in Clauses 8.1; 8.2; 8.3; 8.4; 8.5 and 8.6 the Regulations provide you with additional consumer rights. You have the right to cancel the gift voucher purchase and obtain a refund within the first 14 days of purchase.
For purchasers of online gift vouchers the following applies:
—- 8.7.1 You can be obtain a refund on unused gift vouchers purchased online within 14 days of purchase.
—- 8.7.2 Refunds cannot be given if the voucher has been used within the first 14 days after purchase. If the voucher has been partially used during the first 14 days after purchase, a refund can be obtained during the 14 day period for the unused portion of the voucher.
—- 8.7.3 Refunds can only be made to the purchaser of the voucher and the monies will be refunded directly to the original method of payment.
—- 8.7.4 Refunds cannot be given on expired vouchers.
—- 8.7.5 If you have changed your mind about your gift voucher purchase within the first 14 days after the purchase, please contact the salon on 020 8947 2332 or email info@lagoonspa.co.uk to request a refund quoting the gift voucher reference number.
9. Limitation of Liability
9.1 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. 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 our contract with you is created. We will not be responsible for any loss or damage that is not foreseeable;
9.2 We provide or sell all services to you only for your personal and private use/purposes. We make no warranty or representation that products, or other goods or materials that we provide or sell to you are fit for commercial, business, industrial, trade, craft or professional purposes of any kind (including resale). 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;
9.3 Nothing in these Terms and Conditions is intended to or will exclude or limit 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;
9.4 Furthermore, if you are a “consumer” as defined by the Consumer Rights Act 2015, or a consumer for the purposes of any other consumer protection legislation, nothing in these Terms and Conditions is intended to or will exclude, limit, prejudice, or otherwise affect any of our duties or obligations to you, or your rights or remedies, or our liability to you, under:
—- 9.4.1 the Consumer Rights Act 2015;
—- 9.4.2 the Regulations;
—- 9.4.3 the Consumer Protection Act 1987; or
—- 9.4.4 any other consumer protection legislation
as that legislation is amended from time to time.
For more details of your legal rights, please refer to Your local Citizens’ Advice Bureau or Trading Standard Office.
10. Changes to Terms and Conditions
We may from time to time change these Terms and Conditions without giving you notice.
11. How We Use Your Personal Information (Data Protection)
We will only use your personal information as set out in our Privacy Notice.
12. Regulations
We are required by the Regulations to ensure that certain information is given or made available to you as a Consumer before We make our contract with you (i.e. before we accept your request to make a booking) except where that information is already apparent from the context of the transaction. We have included the information itself either in these Terms and Conditions for you to see now, or we will make it available to you before we accept your request to make a booking. All of that information will, as required by the Regulations, be part of the terms of our contract with you as a Consumer.
13. Information
As required by the Regulations:
13.1 all of the information described in Clause 12; and
13.2 any other information which we give to you about any services or the salon which you take into account when deciding to make a booking or when making any other decision about the services;
will be part of the terms of our contract with you as a Consumer
14. Complaints
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. If You have any complaint about our services or any other complaint about the salon or any of our staff, please raise the matter with the Salon Manager who can be contacted at the salon or by phone on 020 8947 2332 or email at info@lagoonspa.co.uk or post at Lagoon, 139 Alexandra Road, London, SW19 7JY.
15. No Waiver
No failure or delay by us or you in exercising any rights under these Terms and Conditions means that we or you have waived that right, and no waiver by us or you of a breach of any provision of these Terms and Conditions means that we or you will waive any subsequent breach of the same or any other provision.
16. Severance
If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected.
17. Law and Jurisdiction
17.1 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.
17.2 As a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 17.1 above takes away or reduces your rights as a consumer to rely on those provisions.
17.3 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.
Lagoon, Wimbledon
Date: Last updated 30/08/23
