DIRECT DEBIT TERMS & CONDITIONS
Please find below the Terms and Conditions on which BooshTOX provides Direct Debit for skin treatments.
Our payment processor for this service is GoCardless.
In these Conditions the following expressions shall have the following meanings unless inconsistent with the context: Commencement Date means the date of these Conditions.. Contract means the contract between the Supplier and the Customer for the supply of the Treatments comprising of these Conditions and the Customer Package Form at the top of this page. Customer means the person that purchases the Treatments from the Supplier. Customer Consent Form means the consent form completed by the Customer prior to the delivery of the Treatments. Deposit the initial deposit paid by the Customer to the Supplier on the commencement of the Term. Fee means the total amount payable by the Customer to the Supplier for the Treatments as set out in the Customer Package Form. Customer Package Form means the Customer’s order for Treatments and Fees as set out at the top of this page. Term means length of the payment as set out above and in any event 12 months or less from the Commencement Date during which the Treatments will be provided as set out in the Contract. Supplier means BooshTOX Ltd of Unit 7 Sidestrand, Pendeford Place, Pendeford Business Park, Wolverhampton. 3.Treatments means the medical aesthetic treatments provided or to be provided to the Customer by the Supplier during the Term, as set out in this Customer Package Form. Treatment shall mean any one of them. VAT means value added tax chargeable under English law for the time being and any similar additional tax.
Application of Conditions
2.1. The Supplier shall supply, and the Customer shall purchase, the Treatments from the Supplier in accordance with these Conditions.
2.2. The Contract constitutes the entire agreement between the parties. The Customer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Supplier which is not set out in the Contract.
2.3 Any samples, drawings, descriptive matter or advertising issued by the Supplier, and any descriptions or illustrations contained in the Suppliers’ catalogues or brochures, are issued or published for the sole purpose of giving an approximate idea of the Treatments described in them. They shall not form part of the Contract or any other contract between the Supplier and the Customer for the supply of the Treatments.
2.4. These Conditions apply to the Contract. Any other terms and conditions are excluded.
Commencement and Term
3.1 This Contract shall commence on the Commencement Date and continue for the Term, unless it is terminated earlier under clause 10 (Termination) and shall remain in effect until expiry of the Term.
3.2 At the end of the Term the Supplier and Customer will need to enter a new Direct Debit Agreement if they wish to continue with their relationship.
4.1. The Supplier shall use reasonable endeavours to provide the Treatments to the Customer, in accordance with the Customer Package Form in all material respects.
4.2. The Supplier shall use reasonable endeavours to meet any performance dates specified in the Customer Package Form, but any such dates shall be estimates only and time shall not be of the essence for performance of the Treatments. If the Supplier is unable to meet a performance date, it will arrange a replacement date with the Customer as soon as is reasonably practicable.
4.3. The Supplier shall have the right to make any changes to the Treatments including, but not limited to, changing the brand of the product to be used in the Treatment or which are necessary to comply with any applicable law or safety requirement or which do not materially affect the nature or the quality of the Treatments, and the Supplier shall notify the Customer in any such event.
4.4 The Supplier shall deliver the Treatments at such venue as may be agreed with the Customer although the Customer acknowledges that circumstances may arise which mean that the Treatments have to be carried out at other premises from time to time and if this happens the Supplier will notify the Customer of the new venue as soon as possible.
4.5 It is the Customer’s responsibility to ensure that all of the Treatments are delivered during the Term and the Supplier shall be under no obligation to deliver any Treatments after expiry of the Term. Notwithstanding this, the Supplier may in its absolute discretion deliver Treatments after expiry of the Term or on expiry of the Term refund monies to the Customer in relation to any Treatments paid for but not taken during the Term.
5.1. The Customer shall provide the Supplier, in sufficient time, with any information and instructions relating to the Treatments that are necessary to enable the Supplier to carry out the Treatments in accordance with these Conditions and shall provide the Supplier with up to date contact details including address, phone number and email (and inform the Supplier if any of these contact details change).
5.2 If the Customer does not comply with the provisions of clause 5.1 or if it provides incomplete, incorrect or inaccurate information or instructions, the Supplier may cancel the Contract by giving the Customer written notice.
5.3 The Customer acknowledges that the Supplier will provide the Treatments in reliance on the information supplied by the Customer in the Customer Consent Form and confirms that such information is correct.
5.4 Within the Term the Customer will need to ensure that all monies due are paid within 12 or less instalments.
Charges and Payment
6.1 The Customer agrees to pay the Fee to the Supplier for the Treatments in accordance with the Contract and at the rates set out in the Customer Package Form and in monthly instalments over the Term (in no more than 12 payments in total).
6.2. The Fee refers solely to the provision of the Treatments. In the event that the Customer requests additional or alternative treatments during the Term the Supplier and the Customer may agree to cancel the Contract and enter into a new Contract or vary the Customer Package Form to incorporate such treatments and the additional Fee payable as a result. The Supplier shall write to the Customer to confirm such terms (“Variation Notice”) and the Customer agrees that such varied Customer Package Form shall be the Customer Package Form for the purposes of this Contract. Any change in the Customer Package Form will be incorporated into the Contract and the remaining monthly payments will be altered accordingly. The Supplier reserves the right to increase the Fee once a Variation Notice has been submitted, however the Customer is not permitted to decrease the Treatments and overall Fee using a Variation Notice
6.3. Without prejudice to any other right or remedy that it may have, if the Customer fails to pay monies due under the Contract to the Supplier on the due date, the Supplier may: (a) suspend all Treatments until payment has been made in full; and (b) where the scheduled Direct Debit payment is returned as “unpaid”, re-present the payment again 10 working days after the date on which the original payment was due and if this re-presented payment is also returned as “unpaid”, to re-present payment at such later date as the Supplier shall determine and which the Supplier shall have given 7 days notice to the Customer.
6.4. Time for payment shall be of the essence of the Contract.
6.5. All sums payable to the Supplier under the Contract shall become due immediately on its termination, despite any other provision. The Customer is not entitled to make any deduction or withhold from monies due to the Supplier under the Contract, except as may be required by law.
6.6 If any monies remain unpaid by the Customer the Supplier reserves its right to chase these as a debt and instruct debt collection professionals for this purpose. The Supplier will then attempt to recover any costs incurred in attempting to collect any unpaid debts from the Customer
6.7 The Customer will pay the Fee over the agreed number of monthly instalments after the Deposit has been paid.
Intellectual Property Rights
7.1 The copyright, design right and all other intellectual property rights in any materials and other documents or items that the Supplier prepares or produces in connection with the Treatments will belong to the Supplier or its Licensor absolutely.
7.2 The Customer may not use the materials, documents or other items detailed in clause 7.1 for any purpose.
8.1 In the unlikely event that any Treatment does not conform with these Conditions, the Customer must advise the Supplier within 14 days after such Treatment has been carried out. In such circumstances the Supplier will in its sole discretion either: (a) re-perform such Treatment; or (b) provide the Customer with a full or partial refund for such Treatment (depending on what is reasonable).
8.2 These Conditions will apply to any replacement Treatment offered to you.
9.1. This clause 9 sets out the entire financial liability of the Supplier (including any liability for the acts or omissions of its employees, agents, consultants, and subcontractors) to the Customer in respect of any breach of the Contract and any representation, statement or tortious act or omission (including negligence) arising under or in connection with the Contract.
9.2. All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
9.3. Nothing in these Conditions limits or excludes the liability of the Supplier for: (a) death or personal injury resulting from the Supplier’s negligence; or (b) fraud or fraudulent misrepresentation by the Supplier.
9.4. Subject to clause 9.2 and clause 9.3: (a) the Supplier shall not be liable whether in contract, tort, (including negligence) breach of statutory duty or otherwise for loss of profits; loss of business; depletion of goodwill and/or similar losses; loss of anticipated savings; loss of goods; loss of contract; loss of use; loss of corruption of data or information; or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses arising under or in connection with the Contract;(b) the Supplier shall not be liable for any damage or liability which arises as a result of the Supplier providing the Treatments, having relied on information supplied to it by the Customer whether by way of the Client Consent Form or otherwise;(c) the Supplier shall not be liable to the Customer for any damage or liability arising from any Treatment which the Customer has consented to by way of the Customer Consent Form;(d) the Supplier’s total liability in contract, tort (including negligence) or breach of statutory duty, misrepresentation, restitution or otherwise arising in connection with the performance, or contemplated performance of the Contract shall be limited to the Fee payable for the Treatment which is to be provided.
10.1. Subject to clause 10.2 and without prejudice to any other rights or remedies which the Supplier may have, the Supplier may terminate the Contract without liability to the Customer on giving the Customer not less than 30 days written notice or immediately on giving notice to the Customer if: (a) the Customer fails to pay any amount due under the Contract on the due date for payment and remains in default 7 days after being notified in writing to make such payment; or (b) the Customer commits a material breach of any of the material terms of the Contract and (if such a breach is remediable) fails to remedy that breach within 30 days of having being notified in writing of the breach; or (c) the Customer repeatedly breaches any of the terms of the Contract in such a manner as to justify the opinion that its conduct is inconsistent with it having the intention or ability to give effect to the terms of the Contract; or(d) in the opinion of the Supplier’s clinician, it is not in the best interests of the Customer for the Treatments to continue;(e) the Customer is the subject of a bankruptcy petition;(f) the Customer suspends, or threatens to suspends, payment of its debts or is unable to pay its debts as they fall due or is deemed either unable to pay its debts or as having no reasonable prospect of so doing, in either case within the meaning of section 268 of the Insolvency Act 1986; or(g) the Customer dies or, by reason of illness or incapacity (whether mental or physical), is incapable of managing his own affairs or becomes a patient under any mental health legislation.
10.2. Without limiting its other rights or remedies, the Supplier shall have the right to suspend provision of the Treatments under the Contract or any other contract between the Customer and the Supplier if the Customer becomes subject to any of the events listed in clauses 10.1(d) and 10.1(e) (inclusive) or the Supplier reasonably believes that the Customer is about to become subject to any of them, or if the Customer fails to pay any amount under this Contract on the due date for payment.
10.3. The Customer may terminate the Contract on giving to the Supplier not less than 30 days written notice.
Effect of Termination
11.1 On termination of the Contract for any reason during the Term: (a) the Customer shall be liable to pay the Fee in full for all Treatments delivered up to the date of termination (b) the Supplier shall apply the Deposit against monies due from the Customer on termination of the Contract and any further monies due from the Customer to the Supplier shall be due on receipt of an invoice by the Supplier which the Customer authorises the Supplier to collect by way of Direct Debit payment; and (c) the accrued rights and liabilities of the parties as at termination and the continuation of any provision expressly stated to survive or implicitly surviving termination, shall not be affected.
On termination of the Contract (however arising) the following clauses shall survive and continue in full force and effect clause 9 (Liability), clause 10 (Termination) and clause 12.9 (Governing Law and Jurisdiction).
12.1. A party shall not be in breach of the Contract, nor liable for any failure or delay in performance of any obligations under the Contract (other than the Customer’s obligation to pay for the Treatments) arising from or attributable to acts, events, omissions or accidents beyond its reasonable control (Force Majeure Event), including but not limited to any of the following: acts of God, including but not limited to fire, flood, earthquake, windstorm or other natural disaster; war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, breaking off of diplomatic relations or similar actions; terrorist attack, civil war, civil commotion or riots; nuclear, chemical or biological contamination ; voluntary or mandatory compliance with any law (including a failure to grant any licence or consent needed or any change in the law or interpretation of the law); fire, explosion or accidental damage; extreme adverse weather conditions; collapse of building structures; any labour dispute, including but not limited to strikes, industrial action or lockouts; and non-performance by suppliers or subcontractors.
12.2. No amendment or modification of the Contract shall be valid unless in writing and signed by both parties.
12.3. If any court of competent jurisdiction decides that any of the provisions of these Conditions are invalid, unlawful or unenforceable to any extend, the terms will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
12.4. A waiver of any right under the Contract is only effective if it is in writing and it applies only to the circumstances for which it is given. No failure or delay by a party in exercising any right or remedy under the Contract or by law shall constitute a waiver of that (or any other) right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that (or any other) right or remedy. Unless specifically provided otherwise, rights arising under the Contract are cumulative and do not exclude rights provided by law.
12.5. The Contract is personal to the Customer who may not assign or transfer its interest in the Contract without the prior written consent of the Supplier.
12.6. The Contracts (Rights of Third parties) Act 1999 shall not apply to the Contract.
12.7. Any variation, including the introduction of any additional terms and conditions, to the Contract shall only be binding when agreed in writing and signed by the Supplier.
12.8. Any notice or other communication required to be given under the Contract shall be in writing and shall be delivered personally, or sent by pre-paid first-class post, recorded delivery or by commercial courier to the other party. Any notice or other communication shall be deemed to have been duly received if delivered personally, when left at the address and for the contact referred to in these Conditions or, if sent by pre-paid first-class post or recorded delivery, at 9.00 am on the second business day after posting, or if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed. This clause 12.8 shall not apply to the service of any proceedings or other documents in any legal action.
12.9. The Contract is governed by the laws of England and Wales and the parties irrevocably submit to the exclusive jurisdiction of the English Courts.
Last updated: 22.2.2020