TERMS & CONDITIONS

 

Welcome to Elysium Beauty's terms and conditions. We hope that You are enjoying your visit to our Website and find the content and services useful. Please note that by using this Website, You agree to be bound by the terms and conditions set out below. If You do not agree to be bound by these terms and conditions, then please do not use or access this Website. You must read and accept all of the terms and conditions of business contained herein together with our Privacy Policy before You may use or access the Website in any way, http://elysiumbeautystudio.com.

 

1. Introduction 

 

1.1 Elysium Beauty provides beauty & holistic services, which are bookable through the Elysium Beauty website (known as "the Service"). “Elysium Beauty” is a trading name for Katie Hollis, located at Springvale Road, Kings Worthy, Hampshire, SO23 7LB.

 

1.2 By using this Website and/or purchasing the Services, You agree to be bound by the terms and conditions set out below. If You do not agree to be bound by these terms and conditions hereunder, please do not use or access this Website. You must read and accept all of the terms and conditions contained herein before You may use or access the Website in any way. 

 

1.3 These terms and conditions constitute the entire terms and conditions upon which Elysium Beauty provides the Service and upon which the User agrees to contract for the use of the Service except where specifically varied by written agreement by Elysium Beauty on the Order Confirmation. They supersede any written or oral representations, statements, understandings or agreements. 

 

1.4 Your use of the Website will automatically constitute your agreement to be legally bound by the terms and conditions set out herein.

 

1.5 By placing the order over the telephone and paying a deposit, You will accept these terms and conditions in their entirety and enter into a contract with Elysium Beauty.

 

1.6 The terms and conditions will need to be updated from time to time, and You agree to be bound by the new terms and conditions after the implementation date for the revised terms and conditions. 

 

Definitions In this Agreement

 

• “Agreement” means these terms and conditions together with the Client’s Order as confirmed in Elysium Beauty Order Confirmation. 

 

• “Appointments” means the appointment booked by the Client with Elysium Beauty. 

 

• “Client” means the person who wishes to purchase Services through the Elysium Beauty Website. 

 

• “Client Information” means the information required by Elysium Beauty to allow us to deliver Services, including details of any allergies or skin sensitivities as outlined in this Agreement. 

 

• "Information" means any and all material contained in this Website. 

 

• “Intellectual Property” means any patent, invention, copyright, database right, registered or unregistered design, template, document, worksheet, trademark or content displayed on the Website (whether registered or unregistered), trade name, logo, trade secrets, know-how or other industrial or intellectual property right subsisting anywhere in the world, and applications for any of the foregoing, together with the goodwill thereon. 

 

• “Notification” means the previously agreed and pre-arranged communication sent to the Client as part of the Service. 

 

• “Treatment” means the Service provided by Elysium Beauty and chosen by the Client. 

 

• “Patch Test” means the skin test applied 24 hours before the Service is delivered. 

 

• “Order” means the Client’s order for the Services. 

 

• “Order Confirmation” means the email acceptance sent by Elysium Beauty following receipt of the Client’s Order. 

 

• “The User” and “You” means anyone who uses this Website. 

 

• “The Website” means the website operating under the domain name of http://elysiumbeautystudio.com.

 

2. Service Provision 

 

2.1 Elysium Beauty will provide an Order Confirmation for all Orders placed but reserves the right to accept or reject any Order at its sole discretion. 

 

2.2 Elysium Beauty will use all reasonable endeavours to provide the Service as described on the Website. Due to the nature of such services, the time will not be the essence of the contract. 

 

2.3 Elysium Beauty may at any time amend the Service for any reason, including technical or legal reasons. 

 

3. Proprietary Rights 

 

All Intellectual Property Rights in the materials on this Website (as well as the organisation and layout of this Website) together with the underlying software code are owned by, licensed or authorised to Elysium Beauty, its assignees, licensees or sub-licensees thereof and the copyright in the text, artwork, graphics and images on the Website is owned by Elysium Beauty or its licensors or its content or technology providers except where otherwise specified. Nothing in these terms and conditions transfers to You any rights of ownership of such intellectual property rights or constitutes a licence to use such intellectual property rights other than to the extent expressly set out in these terms and conditions. Without Elysium Beauty's prior written permission, You may not copy, modify, alter, publish, broadcast, distribute, sell or transfer any material on this Website or the underlying software code, whether in whole or in part.

 

4. Basis of Use of the Website 

 

4.1 You agree to the following: 

 

4.1.1 You are aged 18 or over and can legally enter into binding contracts. 

 

4.1.2 That You understand, acknowledge and accept the exclusion of liability and disclaimer provisions contained hereafter. 

 

4.1.3 That You will only view the Information on the Website for your own private purpose and will not publish, reproduce, store or retransmit any of the Information contained in the Website at any time. 

 

4.1.4 That You shall not use the Information for any unlawful purpose or in any unlawful manner. 

 

4.1.5 You shall not transmit through the Website any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material. 

 

4.1.6 You shall not transmit any material that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law or regulation. 

 

4.1.7 You shall not use the Website or the Information in any manner that may constitute an infringement of any third-party rights (including, but not limited to, rights of copyright, trademark, or confidentiality). 

 

4.1.8 You shall not run any tools on the Website that systematically retrieve web pages for offline or online viewing, whether for personal, commercial, experimental, educational, or any other use. 

 

4.1.9 All intellectual property rights (including, without limitation, copyright, trademarks, and all other rights) in the Information and the Website shall remain vested in Elysium Beauty at all times.

 

4.1.10 You will indemnify and keep Elysium Beauty against all claims, liabilities, damages, costs and expenses, including legal fees arising from any misuse of the Information or the Website or breach of your obligations under his agreement. 

 

4.2 The Client must be aware that using Elysium Beauty’s Service will be accompanied by advertising on the Site. The advertising facility is an inherent part of the Service offering. 

 

4.3 Elysium Beauty content sharing by the Client via Facebook and Instagram (or any other social media platform) post transaction is permitted subject to the social media platform’s own terms and conditions.

 

5. Client Obligations 

 

5.1 No Agreement in respect of any Services shall exist between us and the Client until your Order has been accepted by Us by means of an Order Confirmation (whether or not funds have been deducted from your account). If we do not accept your order and funds have already been deducted, they will be fully refunded.

 

5.2 Orders may be submitted electronically via the Website or placed via telephone. To do so, the Client will be required to follow the online Order process. When doing so, the Client will be required to complete certain required fields on a form. This may include the provision of security information such as your identification details and password(s). The Client agrees to be responsible for ensuring that such security information is kept secure and confidential at all times. The Client must inform us immediately if the Client becomes aware of or suspects any unauthorised use of these security details or if they become available to an unauthorised party. 

 

5.3 By contracting for Services, the Client hereby warrants that all information submitted is true, current, and complete. Elysium Beauty reserves the right to verify the eligibility of all Clients. 

 

5.4 Without prejudice to its rights in terms of Clause 10 hereof, Elysium Beauty is entitled to suspend or terminate the Client's use of the Service if the Client fails to comply with any of its obligations under clauses 4 and 5 herein. 

 

5.5 The Client is responsible for providing a satisfactory level of cooperation and for providing all necessary Client Information to enable Elysium Beauty to produce and deliver a quality service, including; 

 

5.5.1 Providing the necessary and accurate Client Information for Orders, including name, home address, email address, landline and mobile telephones. 

 

5.5.2 Conducting a Patch Test at least 24 hours before the Services commences. 

 

5.5.3 On arrival at the Elysium Beauty salon, read and agree to the Elysium Beauty disclaimer and other information and instructions necessary for Elysium Beauty to deliver Services. 

 

5.5.4 Adhering and following the aftercare guidelines as supplied by Elysium Beauty. 

 

5.6 The Client acknowledges that Elysium Beauty reserves the right to refuse Services based upon any lack of Client Information. 

 

5.7 We understand that Clients sometimes need to bring their children to Elysium Beauty; we endeavour to accommodate this, but we ask that You respect other clients and observe any social distancing that needs to be observed. Elysium Beauty will be the sole arbiter of this issue. 

 

5.8 Please respect all other clients’ right to privacy and comfort. Mobile phones must be turned off or on silent mode. 

 

6. Telephone Support Process

 

6.1 Elysium Beauty will take the Order over the telephone. A Client may be supported over the telephone by calling 07717371564, but in most situations, the Client must contact via the Website first. 

 

6.2 No Agreement in respect of any Order shall exist between us and You until we have accepted your Order by means of an Order Confirmation (whether or not funds have been deducted from your account). If we do not accept your offer and funds have already been deducted, these will be fully refunded. 

 

6.3 Where an Order is placed orally or in the event of any dispute as to the Order, the Order Confirmation shall be deemed as the authoritative Order. 

 

7. Service Charges 

 

7.1. We accept payment in British pounds sterling only. 

 

7.2 The Agreement is based upon the Client paying a deposit in advance and based upon our acceptance of the Client’s deposit prior to the Service commencing through our Debit and Credit Card Services. 

 

7.3 You confirm that the credit/debit card that is being used is yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment, we will not accept your deposit, we will not be liable for any delay or non-delivery, and we are not obliged to inform You of the reason for the refusal. We are not responsible for your card issuer or bank charging You as a result of our processing of your credit/debit card payment in accordance with the Order Confirmation. 

 

7.4 The Client shall not be entitled to withhold payment of any amount due to Elysium Beauty by reason of any set-off, counterclaim, abatement, or other deduction. 

 

7.5 The Client is responsible for paying for any charges associated with using their debit or credit card.

 

8. Gift Vouchers

 

8.1 Gift Vouchers can be spent on any Service at Elysium Beauty up to the value of the card. Please look after this valuable gift and treat it just like cash. Elysium Beauty cannot replace or reimburse the value of your gift card if lost, stolen or damaged. Vouchers cannot be exchanged for cash, and the voucher value is 0.001p. The Gift Voucher value expires 1 year after purchase. 

 

8.2 Gift Vouchers are non-refundable, valid for 12 months from the purchase date, and will not be accepted after the expiry date. Vouchers may be used for services only. Vouchers cannot be redeemed for cash, sold or transferred. Your Gift Voucher name must be quoted at the time of booking, and the Gift Voucher handed to the therapist at the start of your treatment. 

 

8.3 You are not under obligation to use the full value of your vouchers during one session. As laid out below, late cancellation and "failure to show" terms also apply to Gift Vouchers. 

 

8.4 In the event that a Gift Voucher cannot be used within the valid period, Elysium Beauty may extend the Gift Voucher for up to 3 months. This needs to be arranged with prior agreement from Elysium Beauty. 

 

9. Third-Party Websites 

 

9.1 The Website contains links to websites operated by parties other than Elysium Beauty. Such links are provided for the User's convenience only. Elysium Beauty does not control such websites and is not responsible for their content. Elysium Beauty's inclusion of links to such websites does not imply any endorsement of the material on such websites or any association with their operators. The User is solely responsible for evaluating the accuracy and completeness of any information on the third-party websites, as well as the value and integrity of any services offered by such websites. 

 

9.2 You may only link to this Website with Our express written permission. We expressly reserve the right to withdraw our consent at any time to a link which, in our sole opinion, is inappropriate or controversial. 

 

10. Cancellation by the Client 

 

10.1 Elysium Beauty enforces a strict cancellation policy. Cancellations notified at least one full working day prior to an appointment will incur no cancellation fee. Cancellations on less than one full working day notice and “No Shows” will be charged at 100% of the deposit paid for the reserved Services. 

 

11. Cancellation by Us 

 

11.1 Elysium Beauty shall be entitled to suspend the Service in accordance with Clause 5. 

 

11.2 Without prejudice to any other rights to which it may be entitled, Elysium Beauty may terminate the provision or use of the Service respectively with immediate effect if the Client commits any material breach of any of the terms of this Agreement, including failure to provide the correct Customer Information. 

 

11.3 By purchasing the Services and becoming a Client, the Client agrees to be subject to these Terms and Conditions and to act honestly and truthfully in all dealings. In the event the Client acts contrary to these Terms and Conditions, Elysium Beauty reserves the right to delete the Client’s account and block their IP address from using the site in the future. 

 

11.4 Elysium Beauty will not tolerate Clients being rude or offensive or abusing the ‘Elysium Beauty Service’ in any way, including our employees, and reserves the right to terminate the Service immediately as a result of such behaviour (at Elysium Beauty’s discretion). 

 

11.5 If a therapist is not available to carry out your treatments due to circumstances beyond our control, we reserve the right to cancel your booking. In the event that we cannot fulfil your appointment, we will contact You by telephone whenever possible. 

 

12. Warranties 

 

12.1 Elysium Beauty undertakes to use reasonable skill and care in providing the Service as described on the Website. 

 

12.2 Elysium Beauty reserves the right to alter prices without prior notice. 

 

12.3 Elysium Beauty makes no warranties as to the outcomes of the Service. The Service is provided on the basis that the Client is responsible for engaging with the Services. 

 

12.4 Elysium Beauty will provide Services based on the Client Information. As such, Elysium Beauty is not responsible for Client Information provided but will endeavour to monitor Client Content and remove any material it finds inaccurate or offensive. The Client Information that is communicated is related to suitability to consume Services. 

 

12.5 The Client is responsible for choosing the Service; Elysium Beauty will only suggest the type of Service which might be suitable to the Client and will not make choices or decisions on behalf of the Client. 

 

12.6 Elysium Beauty will take all reasonable care to ensure that all details, descriptions and prices of treatments and products appearing on the Website are correct at the time when the relevant information was entered into the system. Although we aim to keep the Website as up-to-date as possible, the information, including Treatment & product descriptions, appearing on this Website at a particular time may not always reflect the position at the exact moment You place an order. 

 

12.7 The images on the Website are copyright of Elysium Beauty and are for illustration purposes only. You may copy, download, and reproduce them for your own personal use only. 

 

12.8 All prices published are in pounds sterling and are inclusive of VAT at the prevailing rate. 

 

13. Disclaimer and Limitation of Liability 

 

13.1 The User uses the Service at its own risk, and in no event shall Elysium Beauty be liable for any direct, consequential, incidental or special damage or loss of any kind (except personal injury or death resulting from Elysium Beauty’s negligence) including, but not limited to, inability to use social media, loss of money, the User’s identity theft, data breach, loss of or corruption of data or the User's inability to use the Service, however caused and whether arising under contract or tort, including negligence or otherwise except as expressly provided herein. 

 

13.2 If any exclusion, disclaimer or other provision contained in this Agreement is held to be invalid for any reason by a court of competent jurisdiction and Elysium Beauty becomes liable thereby for loss or damage that may lawfully be limited, such liability, whether in contract, tort (including negligence but specifically excluding personal injury or death resulting from Elysium Beauty’s negligence) or otherwise, will not exceed the value of Service (price paid for the Service) immediately preceding such liability arising. 

 

13.3 The User must make every effort to secure their username and password details and should not, under any circumstance, disclose their username and password and details to a third party or by email request. Elysium Beauty nor its directors, employees, or representatives will be liable for damages arising out of or in connection with the use of this Website or the Client Content, materials, or Services included on this Website. This is a comprehensive limitation of liability that applies to all damages of any kind. 

 

13.4 It is the User’s responsibility to maintain and update the browser, firewall, antivirus, and antispyware software. The User must protect their computer and/or device and ensure they update all security software by downloading the latest security patches from relevant software providers. 

 

13.5 Elysium Beauty cannot guarantee 100% uptime and endeavours to provide services as described on the Website. 

 

13.6 The Client must take full responsibility for the decisions made when choosing the Service and during its use. The Client understands and accepts that any decision to use the Service is entirely at their own risk. 

 

13.7 THE CLIENT AGREES TO DISCLOSE ANY INFORMATION WITH REGARDS TO ANY TYPE OF ALLERGIES OR SENSITIVITIES OR ISSUES OR CONDITIONS SUFFERED BY THE CLIENT, AND THIS INFORMATION MUST BE COMMUNICATED IN WRITING TO ELYSIUM BEAUTY IN ADVANCE OF THE SERVICE COMMENCING.

 

13.8 IN THE EVENT THE CLIENT HAS NOT MADE THE NECESSARY DISCLOSURE IN WRITING TO ELYSIUM BEAUTY UNDER CLAUSES OUTLINED IN THIS AGREEMENT, ELYSIUM BEAUTY WILL HAVE NO RESPONSIBILITY FOR ANY ADVERSE REACTION SUFFERED BY THE CLIENT WHEN USING THE SERVICE OR ANY HEALTH ISSUE SUFFERED DURING OR AFTER THE DELIVERY OF THE SERVICE. 

 

14. Force Majeure 

 

14.1 Elysium Beauty shall not be liable to the Client or be deemed to be in breach of the Agreement by reason of delay in performing, or any failure to perform, any of our obligations in relation to the Service if the delay or failure was beyond our reasonable control. Without prejudice to the generality of the foregoing, data breach, the following shall be regarded as causes beyond our reasonable control: act of god, explosion, flood, tempest, fire or accident; weather, war or threat of war, sabotage, pandemic flu or virus, insurrection, civil disturbance or requisition; acts, restrictions, regulations, bye-laws, prohibitions or measures or any kind on the part of any governmental, parliamentary or local authority; import or export regulations or embargoes; strikes, lock-outs or other industrial actions, power cuts or trade disputes (whether involving our employees or of a third party); or difficulties in obtaining the System, labour, fuel, parts or machinery. 

 

14.2 Elysium Beauty cannot be held responsible or deemed in breach of this agreement in any way with respect to third-party delays or technical faults, including online access failures affecting our performance. 

 

15. Statutory Information 

 

This website is owned and operated by “Elysium Beauty,” a trading name of Katie Hollis, located at Springvale Road, Kings Worthy, Hampshire, SO23 7LB. Email: info@elysiumbeautystudio.com Website: http://elysiumbeautystudio.com 

 

16. Privacy 

 

See Privacy Policy 

 

17. Assignation 

 

17.1 Elysium Beauty (Sole Trader) shall be entitled to assign or transfer our obligations or rights to a competent third party or to any associated company, whether in whole or in part. The Client may not assign or transfer any of your rights or obligations without our written consent. 

 

18. Miscellaneous 

 

18.1 These terms and conditions contain all the terms of your agreement with us relating to your use of this Website. No other written or oral statement (including statements in any brochure or promotional literature published by us) will be incorporated. Your use of this Website, any downloaded material from it, use of the Service, this Agreement and the operation of these terms and conditions shall be governed by, construed and interpreted in accordance with the laws of England, and the Client agrees to submit to the non-exclusive jurisdiction of the British courts.

 

18.2  Elysium Beauty always endeavours to provide high standards in retail and business and recognises and supports the importance of using social media and the Internet to alert the public when such standards are not met. However, we believe that complaints should not be published in a manner that is unfair or unreasonable as to content and manner of publication, and for this reason, the following terms are agreed upon by You and Elysium Beauty to regulate how to proceed when You feel that reasonable standards have not been met.

 

If You post any comment on our service or products on any website other than the Company's website, You agree that;

 

18.2.1 You will not include any statement that is untruthful or malicious.

18.2.3 You will do all that is possible to enable Elysium Beauty to post a comment in response to the same website, and if such is not possible, you will include such a response in full in a comment you post on the same website.

18.2.4 You will agree to participate in a form of alternative dispute resolution accredited by the Trading Standards Institute of the United Kingdom under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and recommended, as appropriate for the nature of the dispute, on request by the Company of the service operated at http://elysiumbeautystudio.com.

 

18.3 Any complaints regarding violations of these Terms by a User should be directed to customer services at info@elysiumbeautystudio.com. Where possible, include details that would assist Elysium Beauty in investigating and resolving the complaint (i.e. expanded headers and a copy of the offending transmission).

 

18.4 Elysium Beauty is proud of its high standards of customer service however, in the event that we fail to meet these standards, please do not hesitate to contact us at Springvale Road, Kings Worthy, Hampshire, SO23 7LB.

 

19. General 

 

19.1 Failure or delay by Elysium Beauty in enforcing any term of the Agreement shall not be construed as a waiver of any of its rights under it. 

 

19.2 The illegality, invalidity or unenforceability of any part of this Agreement will not affect the legality, validity or enforceability of the remainder.

 

19.3 The law governing this Agreement, including without limitation its interpretation and all disputes arising out of this Agreement, is the law of England, and the Parties submit to the exclusive jurisdiction of the British Courts.