Positive Skin Terms and Conditions
Positive Skin Terms and Conditions
Positive Skin Memberships Terms and Conditions Membership is subject to Positive Skin terms and conditions.
Please print a copy for your records. If you decide you do not agree with the terms and conditions, please cancel your payment instruction BEFORE your first payment is taken.
‘POSITIVE SKIN’ MEMBERSHIP AGREEMENT
1. ‘The Company’ is Positive Skin, also referred to in the agreement as ‘Positive Skin Clinic’, ‘The Clinic’, ‘we’ and ‘us’.
2. If you have purchased a Positive Skin Membership for yourself, you are referred to in the agreement as ‘you’ or ‘the member’.
3. If you have purchased a membership as a gift, terms relating to payment are applicable to the purchaser. Terms relating to membership and services are applicable to the member who is referred to as ‘you’ or ‘the member’.
1. This Agreement is governed by the law of England and Wales. You should print a copy of this Agreement for future reference and a copy will be emailed to you following purchase.
2. The membership agreement is of 12 months duration (subject to terms under the heading “Cancellation”).
3. If any of the terms of this Agreement are invalid, unenforceable or illegal the remaining terms can still be enforced.
4. We may make reasonable changes to the Membership Agreement terms and conditions at any time.
5. We will send to you email confirmation of these terms using the email address you used when you joined.
6. Membership is open to all customers over the age of 18. You must have access to an email account and provide us with the email address.
7. The Company reserves the right to restrict the number of memberships available at each tier without notice or explanation.
8. Additional services (for example waxing treatments) and products over and above your annual entitlement will be charged at the current tariff or list price and do not form part of this agreement.
9. You may upgrade any service included in your entitlement by paying the difference between your included entitlement and the current tariff or list price for the relevant service.
10. All included products will be drawn from those brands and lines normally stocked in the clinic. Included products are of regular retail size and will be those recommended as necessary by your therapist.
1. A Force Majeure Event is defined as an event beyond the reasonable control of Positive Skin. These could include but are not limited to industrial disputes (whether involving the clinic or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
2. We shall not be liable to you as a result of any failure to perform our obligations under this agreement as a result of a Force Majeure Event.
1. Membership is not transferable and entitlement to inclusive services and products is restricted to the Member.
2. Attempting to book services on behalf of someone else will bring this agreement to an immediate end and a penalty of £200 becomes immediately payable.
1. By purchasing the monthly payment option, you are agreeing to the terms of this membership agreement. A copy of these terms will be emailed to you following your purchase.
2. Payments are due monthly and will be collected by card capture payment. Payments will be taken on or close to the 1st of each calendar month. You agree to maintain the payment instruction with your bank for the amount due. Please do not cancel your instruction without contacting us first.
3. If your Bank fails to make the payment from your account when due Positive Skin will write or email to advise you of this. An administration fee of £20 will be charged for each failed payment.
4. If you cancel your payment instruction without giving us notice of cancellation (see “Cancellation” below) or making a new payment instruction an administration fee of £20 will be charged for each failed payment.
5. If you fail to make an overdue payment within 14 days you agree that: a) The full outstanding amount for your one-year membership shall be immediately due b) We may use you card payment mandate to recover the full outstanding amount You will in these circumstances have the option to instead cancel your membership in line with the terms of this agreement under the heading “Cancellation”.
6. Should the Company be obliged to institute legal proceedings against the Member arising from breach of the terms of this Membership Agreement, including but in no way limited to their failure to pay any amount due by the due date, the Member acknowledges that they shall be liable for all tracing fees, collection commission and legal costs as may be allowed by the Court.
7. The Company may disclose personal particulars contained in the Membership Agreement to a credit reference agency or any other party necessary in obtaining settlement of arrears.
8. Payments by instalments are due regardless of your salon usage. In the event of a payment default use of salon services will be denied until the shortfall has been made up.
1. You may cancel your membership without giving any reason within 14 days of membership. This allows time for you to ensure you have made a sound decision about membership, and to allow the beneficiary of gift membership the opportunity to ensure they can and will agree to the terms of this membership agreement.
a) If you have had the benefit of any services or products in the first 14 days you must pay the difference between your monthly membership payment and the total tariff or list price of the products and services.
b) If you have had no products or service, we will refund your first payment in full.
c) If you have had the benefit of products or services totalling an amount less than the amount of your first payment, we will refund the difference in the form of non-transferable vouchers valid against future service with an expiry date of 3 months following cancellation.
2. This is not a credit agreement and you may cancel your membership at any time during the 12-month period. You must give us a minimum of two weeks’ notice or pay an administration fee of £50 in lieu of notice.
a) You must pay the difference between your monthly membership payments and the total tariff or list price of any products and services you have had the benefit of. We will include in this total any appointments you have failed to turn up for or cancelled with less than 48 hours’ notice.
b) If you have had the benefit of products or services totalling an amount less than the amount of your payments no refunds will be made. 3. We reserve the right to cancel your membership without notice or giving any reason. No refund will be made for past membership fees though we will refund the current month’s fee if you have not had the benefit of any service or products during the current month.
3. If we cancel your membership due to abuse of clinic benefits, either real or perceived, we will charge you for any difference between the amount you have paid in membership fees and the price list total for services you have enjoyed. We reserve the right to use your payment instruction to recover this amount.
1. You will be contacted by email before the expiration of current membership, detailing the ruling rate at which membership can be renewed. If you wish to renew please email the clinic to continue the membership.
2. In case of dispute the onus is on you to show that you terminated membership in accordance with these terms.
1. We may send you information relating to your membership, Positive Skin and current offers and promotions by email, SMS or by post
2. You may opt out of email and SMS communications that we may send but if you do, we cannot be held responsible for any loss incurred by you not receiving relevant communications. Communications posted (either with or without proof of posting) will be assumed to be received. Emails will be assumed to be received and read.
3. You agree to tell us immediately of any changes to your personal details including contact information.
1. You may complain to us by emailing firstname.lastname@example.org using the email address that we hold for you. You should call us on 01761 325023 to confirm that we have received your email.
Levels of Membership
1. Each level of membership carries a particular set of benefits. You should ensure that the level of membership you choose is appropriate for your needs.
2. We may, at our discretion, allow you to move to a higher level of membership, but membership cannot be downgraded to a lower level except at the renewal date.
3. Positive Skin Perfection includes a monthly facial including a free LED light treatment after each facial and an upgraded facial every 3 months (subject to terms under “Positive Skin Perfection” below)
4. Hair Away IPL Membership includes Intense Pulse Light Treatments in Tiers 2 to 5 (subject to terms under “Hair Away” below).
Positive Skin Perfection
1. Purchase of membership entitles you to 12 facials during the 12 months membership agreement.
2. Facials are subject to normal salon availability: club members receive no priority for available appointment slots and no guarantee of availability is made.
3. You can book your facials up to one calendar year ahead.
4. You can choose between an Alumier MD Prescriptive Facial, Dermaplane Facial and a Microdermabrasion Facial as the ‘Monthly Facial’
5. Every 3 months the Facial will be upgraded to an Alumier MD Chemical Peel
6. ALL 12 facials will include a FREE LED light treatment add-on
7. Each member will receive 10% off any facial products bought in clinic.
Hair Away Tiered Membership
1. Purchase of Hair Away Membership entitles you to 9 IPL services in your purchased tier level during the 12 months membership agreement.
2. IPL appointments are subject to normal salon availability: members receive no priority for available appointment slots.
3. You can book your appointments up to 12 months ahead.
4. Hair Away membership is available to purchase for IPL treatments in Tier 2 to Tier 5.
5. You must state what Tier you would like to purchase your membership. E.g. If you purchase Hair Away Tier 2 Membership, all the IPL treatments you have must be within this tier.
6. Treatment areas are organised per Tier
a) Tier 2; Feet & Toes, Back of Neck, Hands & Fingers, Underarms, Front of Neck, Shoulders.
b) Tier 3; Full Neck, Chest, Standard Bikini, Half Arms, Abdomen, Lower Back, Upper Back,
c) Tier 4; Brazilian, Buttocks, Full Arm, Shoulders & Upper Back.
d) Tier 5; Full Back, Chest & Abdomen, Lower Leg inc. Knee, Upper Leg ex. Knee, Hollywood
7. Memberships cannot be purchased until a full consultation and aftercare is agreed.
8. IPL face treatments are not included within the membership programmes.
9. To ensure the treatments are successful a minimum 6 treatments must be of the same area. If the hair is significantly reduced after 6 treatments in one area, the rest of the treatments can be used on a different area within the same Tier Group.