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TERMS AND CONDITIONS

 TERMS AND CONDITIONS
 
Important Notice: This page tells you the terms and conditions on which (1) BeautyCall.ie act as a marketing agent between the Therapists and you, the Client; and (2) the Therapists will agree to supply any of the services (“Services”) listed on www.beautycall.ie to you, the Client.
 
Before proceeding to place an order, we ask that you read these terms and conditions carefully. By ordering any Services through BeautyCall.ie you agree to be legally bound by and act in accordance with these terms and conditions and by all other applicable provisions.
 
1.        General Information
Beautycall Limited trading as Beautycall.ie ("BeautyCall.ie”, “We” and “Our”) of 33 Upper Fitzwilliam Street Dublin 2 a company registered in Ireland under company number 472132, provides the website www.beautycall.ie BeautyCall.ie’s e-mail address is info@beautycall.ie.
 
2.        Definitions
In these terms and conditions, the following words and phrases shall have the following meanings:
 
‘Booking’ means the booking by a Client of a Therapist to provide the Services through BeautyCall.ie.
 
‘Client’ means any person or legal entity who orders any of the services and includes the employees or agents of such person or entity and any reference to “you” shall be deemed to be a reference to the Client.
 
'Services' means the provision of beauty and spa treatments, details of which are published on www.BeautyCall.ie, to Clients at their chosen location by Therapists.
 
‘Therapist’ means any of the self-employed beauty therapists then registered with BeautyCall.ie.
 
'Fee' means the fee or price payable for any of the Services at current rates published or advertised by the professionals or salons.
 
3.        How the contract is formed between the Client and BeautyCall.ie, and between the Client and the Therapist
 
3.1.    BeautyCall.ie is an intermediary service that provides marketing and scheduling support to Therapists. While BeautyCall.ie shall use all reasonable endeavours to ensure that a Therapist shall agree to provide requested Services to a Client, BeautyCall.ie does not agree to provide any Services to any Client.
 
3.2.   A Client may place a Booking by contacting the client directly using the phone or email address given by the Therapist. Alternatively, the client may contact BeautyCall using BeautyCall.ie’s telephone ordering service, which is opened daily from 9am to 6 pm and can be contacted on 01 2944 654, or by emailing bookings@BeautyCall.ie. BeautyCall shall try to find a Therapist on your behalf but is not obliged to do so.
 
3.3.    In using BeautyCall.ie’s ordering service:
3.3.1.       a Client will be asked which Services they wish be provided with, when and where they wish the Service to be provided and if they have a preferred Therapist who they wish to provide the Services;
3.3.2.       BeautyCall.ie will then check the availability of suitable Therapists and either provisionally confirm the Booking or suggest an alternate time, location, Service and/or Therapist;
3.3.3.       following the above, the Client will be asked to confirm their acceptance of the terms and conditions that govern their relationship with each of BeautyCall.ie and the Therapist, a link to which will also be sent to the Client by email or text message;
3.3.4.       the Client will be asked to give their payment details; and
3.3.5.       on fulfilling each of the above requests, the Client will be given confirmation that the Booking has been placed [and a reference number in respect of the order].
 
3.4.    After placing an order, you will receive an email or a text from us acknowledging that we have received your order (the “Order Notification”). Please note that this does not mean that your order has been accepted. Your order constitutes an offer to a Therapist in respect of the Services ordered.
 
3.5.     All orders are subject to acceptance by the Therapist. The contract is always between you and the Therapist (“Contract”) As part of the Contract, the Client is deemed to agree and the Therapist shall agree to be bound by the provisions of clauses 6 to 17 inclusive) hereto.
 
3.6.    hese terms and conditions shall override any contrary terms or conditions published by us or appearing on the Website in relation to any order placed by you with us.
 
3.8.    BeautyCall.ie has a register of Therapists who regularly update BeautyCall.ie on what Services they can provide, what locations they are available in and what times they are available at. The BeautyCall.ie system uses such information when scheduling Bookings, and uses all reasonable endeavours to ensure that all such information is up to date and accurate. BeautyCall.ie cannot contract on behalf of any Therapists and cannot confirm the availability of Therapists. Please do so directly with the Therapist.
 
4.        Fees and Payment
4.1.   All payment should be made directly to the Therapist. Cheques and cash may be accepted. Please contact the Therapist directly to arrange this.
  
 
5.        BeautyCall.ie’s obligations
5.1.         BeautyCall.ie’s sole obligations to the Client, save as otherwise expressed in these terms, are to:
 
5.1.1.   take accurate booking information from the Client
 
5.1.2.   exercise reasonable skill and diligence in the rendering of booking and reservation services; and

 6.        Therapists’ obligations

6.1.    The Therapist shall use reasonable endeavours to complete the Services within the period agreed at the time of booking.
 
6.2.    The Therapist shall provide all the equipment and products necessary to provide the Services save as set out in clause 7 below.
 
6.3.    EachTherapist shall have all the skills and equipment necessary to provide the Services at a standard that is typically expected in the beauty sector.
 
6.4.    Time shall not be of the essence for the length of time that any of the Services are to take, whether specified in the booking or otherwise.
 
6.5.    Delays in commencing the service shall be permissible.
 
7.        The Client's obligations
7.1.    The Client agrees to:
 
7.1.1.   Co-operate with the Therapist as may be reasonably required and instruct the Client's guests, staff and agents to co-operate and assist the Therapist
 
7.1.2.   Provide to the Therapist access to sufficient light, power points, hot water and reasonable working space to set up and everything that the Therapist may reasonably require;
 7.1.3.   Provide a suitable environment to enable the Therapist to carry out the service. This includes no smoking, no heavy alcohol consumption, no loud music etc.
 
7.1.4.   Inform BeautyCall.ie or the Therapist if the Client or anyone receiving Services is under 16 years old as parental permission must be obtained.
 
7.1.5.    Make BeautyCall.ie aware of any special request no less than 48 hours prior to the schedule start of the Service.
 
7.1.6.    Be ready to receive the Service at the agreed start time.
 
7.1.7.    Where possible provide free parking (whether by way of a parking permit or otherwise) to the Therapist.
 
7.2.            A Therapist shall be entitled to:
7.3.1.   refuse to provide any Service if he or she reasonably believes it is in breach of health and safety regulations or endangers the heath and safety of the Therapist, in which event the Fee shall not be refundable; and
 
7.3.2.   Charge the Client for any additional reasonable costs and expenses incurred by the Therapist caused by the Client's instructions, failure to provide instructions, or failure to comply with this Clause 6.
 
8.        Warranties, liability and indemnities
8.1.         The responsibility for the performance of the Services lies with the Therapist.
 
8.2.         If any part of the Services is performed negligently or in breach of the Terms then, at the request of the Client (if the request is given within 3 days of the Service), BeautyCall.ie shall procure that the relevant part of the Services is re-performed, always subject to Clause 8.4 and Clause 8.5 below.
 
8.3.         Neither BeautyCall.ie nor the Therapist assigned to the Booking warrant that any result or objective (whether stated in the treatments description, in these Terms or otherwise) shall be achieved, be achievable or be attained at all or by a given date or any other date or time.
 
8.4.         Except in the case of death or personal injury caused by the Therapist's negligence, the Therapist's liability under or in connection with this Agreement whether arising in contract, tort, negligence, breach of statutory duty or otherwise howsoever, shall not exceed the Fee paid by the Client.
 
8.5.         BeautyCall.ie shall not be liable to the Client or any other party for the acts or omissions of a Therapist in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by the Client and that other Party and losses of an indirect or consequential nature including without limitation any economic loss or other loss of turnover, profits, business or goodwill.
 
8.6.         The Client shall indemnify and hold harmless BeautyCall.ie and the Therapist from and against all Claims and Losses arising from loss, damage, liability, injury to the Therapist and third parties, or third party losses by reason of or arising out of any instructions given or equipment supplied to the Therapist by the Client, within or without the scope of this Agreement. 'Claims' shall mean all demands, claims, proceedings, penalties, fines and liability (whether criminal or civil, in contract, tort or otherwise); and 'Losses' shall mean all losses including without limitation financial losses, damages, legal costs and other expenses of any nature whatsoever.
 
8.7.         The Client acknowledges that, in agreeing to these Terms does not do so in reliance on any representation, warranty or other provision except as expressly provided in these Terms, and any conditions, warranties or other terms implied by statute or common law are excluded from this Agreement to the fullest extent permitted by law. Nothing in this Agreement excludes liability for fraud.
 
9.        Cancellation
9.1.         If a Client seeks to cancel any Booking, please contact the professional directly in relation to any cancelation charges that may apply.
 
 
  
 
10.     Termination
We shall have the right to terminate the contract forthwith in the event that you act in breach of your obligations under these terms and conditions.
 
11.     Complaints
BeautyCall.ie aim to provide you with a quality service. If, however, you feel that you have cause to complain, you can contact BeautyCall.ie at the address given. BeautyCall.ie will try to do our best to solve any problems that arise.
 
12.     Force majeure
BeautyCall.ie shall have no liability under or be deemed to be in breach of these Terms for any delays or failures in performance of this Agreement which result from circumstances beyond the reasonable control of BeautyCall.ie. In such circumstances BeautyCall.ie shall promptly notify the other Party when such circumstances cause a delay or failure in performance and when they cease to do so.
 
13.     Assignment
BeautyCall.ie may assign and transfer all its rights and obligations under these Terms to any person to which it transfers all of its business, provided that the assignee undertakes to be bound by the obligations of the assignor under this these Terms.
 
14.     Entire Agreement
This agreement supersedes any prior agreements or arrangements which may have subsisted between us, provided the information you have given to us is not incorrect or fraudulent.
 
15.     Interpretation
In this Agreement:
15.1.     reference to any statute or statutory provision includes a reference to that statute or statutory provision as from time to time amended, extended or re-enacted;
 
15.2.     words importing the singular include the plural, words importing any gender include every gender and words importing persons include bodies corporate and unincorporate; and (in each case) vice versa; and
 

15.3.     any reference to a party to this contract includes a reference to his successors in title and permitted assigns.

16. Newsletter. The client, when sending an enquiry directly to the Therapist, agrees to accept newsletters from time to time from BeautyCall.

 
17.     Law
This Agreement shall be governed by and construed in accordance with the laws of Ireland, and the parties hereby submit to the exclusive jurisdiction of the Irish Courts.
 
 
18.     Severability
Notwithstanding that the whole or any part of any provision of this Agreement may prove to be illegal or unenforceable the other provisions of this Agreement and the remainder of the provision in question shall remain in full force and effect
 
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