TERMS AND CONDITIONS FOR SERVICES
Welcome to
Rita Rose Hair Ltd!
Who are we?
· We are Rita Rose Ltd, a company registered in England and Wales under company number 13532208 (Rita Rose Hair).
· Our registered address is 163, York Road, Hall Green, West Midlands, England, B28 8LF.
In these terms, we also refer to Rita Rose Hair as “our”, “we”, or “us”.
And you are you!
What are these terms about?
These terms apply when you:
· use this website, being https://www.ritarosehair.co.uk/ and any other websites we operate with the same domain name and a different extension (“Website”); or
· purchase and/or sign up to Services (including Free Consultations, Paid Consultations or any other hair related services offered from time to time) through this Website (“Services”)
If you’re looking for our Website Terms of Use or our Privacy Policy, which we will comply with and you also agree to be bound by, you can find it here [insert link] and [insert link].
Please let us know if you have any questions about these terms, and don’t continue using this Website or book any Services unless you have read and agree to these terms.
The details of this contract will not be filed by us. Please print out or save a copy of this contract for your records as we will not save a copy for you.
If you are purchasing Services to be performed within 14 days: By accepting these terms, you are providing Rita Rose with your express consent to commence providing the Services within the 14 day cooling off period, and therefore understand that you will forfeit your right to cancel the Services provided during this period. For more information regarding your statutory right to cancel and 14 day cooling off period, please refer to clause 12 of these terms.
I’ve returned to your Website, do I need to read these terms again?
By checking the tick box accepting these Terms, booking an Appointment (defined below) or accepting or paying for our Services, you are deemed to have accepted these terms.
Please note that we may change any part of these terms at any time by updating this page of the Website, so you may find that different terms apply next time you use this Website or sign up for Services. You can check the date at the top of this page to see when we last updated these terms.
1 APPOINTMENTS
1.1 BOOKING AN APPOINTMENT
(a) To engage us to perform the Services, you must book an appointment (Appointment) with us via our third party booking partner, Fresha (Appointment Booking). By using Fresha, you agree to their terms and conditions. Fresha’s terms and conditions can be found here [link].
(b) Availability at your desired time is not guaranteed. Appointment Bookings may only be made 1 month in advance of your desired Appointment date.
(c) At the time of making an Appointment Booking, you may be required to pay a deposit. For more information, please see our payment section.
(d) Following an Appointment Booking, you will receive an email confirming your Appointment details.
(e) You must provide us with all information and assistance reasonably required by us to perform the Services. We are not liable for any loss suffered by you as a result of and reserve the right not to perform the Services if you fail to provide us with all such relevant document information and assistance. In these circumstances, your Appointment will be treated as a cancellation by you.
(f) We reserve the right to reject an Appointment Booking if we determine at our discretion that the Services are not right for you or for any other reason as determined by us. We are not obliged to let you know why an Appointment Booking is rejected.
(g) By booking an Appointment, you represent and warrant that:
(i) you have the legal capacity and are of sufficient age to enter into a binding contract with us; and
(ii) you are authorised to use the debit or credit card you provide when booking an Appointment.
(h) Booking an Appointment constitutes your intention and offer to enter into these terms and our Website Terms and Conditions, which can be found here (and which you agreed to by using this Website).
2 VISITING RITA ROSE HAIR STUDIO
(a) Rita Rose Hair Studio is strictly by appointment only, and walk-ins are not accepted.
(b) Please ring bell on arrival to gain entry. If you do not have an appointment, you will not gain entry.
(c) Due to the seating restrictions and the private nature of the business, Rita Rose Hair can only accommodate a maximum of one additional person during provision of a Service.
(d) If you bring someone who is not receiving a Service:
(i) you must notify us prior to your Appointment;
(ii) they will only be allowed into the Rita Rose Hair Studio at our absolute discretion; and
(iii) they will be asked to wait in the waiting area.
(e) To avoid risks, we cannot accommodate any children in our treatment room unless they are receiving a Service and are supervised by a responsible adult at the time of treatment.
(f) It is important that you arrive on time for your Appointment, in order to maintain our business and protect the privacy of other customers. If you are more than 20 minutes late to your scheduled Appointment, you may forfeit your Appointment and/or a late fee may apply.
(g) Please do not arrive earlier than 5 minutes prior to your scheduled Appointment time.
(h) When leaving our studio, please ensure to take all your personal belongings with you. Rita Rose Hair is not liable to any person for any loss of, or damage to, personal property that is left in the Studio.
3 SERVICES
3.1 GENERAL
(a) Our Services will be as set out on our Website from time to time.
(b) If you are unhappy with the provision of Services, you acknowledge and agree that it is your responsibility to notify the technician at the time the Services are performed, so that we can attempt to rectify any issues.
3.2 free consultations
(a) We offer a free 30 minute in-person consultation (Free Consultation) for new customers.
(b) Free Consultations may be booked via Fresha. When you book the Free Consultation, you must select what Service you wish to be consulted on.
(c) Free Consultations can only be booked on Wednesdays. If you wish to book the 30 minute in-person consultation on a day other than a Wednesday, we will charge you a £40 upfront fee.
(d) When booking your Free Consultation, your card details will be required but you will not be charged unless an additional Service is carried out, in which case you will be charged the total cost of the relevant Service.
(e) During your Free Consultation, you can place an order for a Pre-Custom or Custom Product. If you choose to do so:
(i) we will provide you with an order form to sign; and
(ii) a 50% deposit is required upfront.
3.3 Paid consultations
(a) A £40 upfront fee is required at the time of booking an Appointment for a paid consultation (Paid Consultation).
(b) The £40 upfront fee will be applied as credit to any orders placed on the date of the Paid Consultation Appointment. For the avoidance of doubt, the £40 upfront fee will not be credited on any orders made on any other date.
(c) If you fail to show up to your Paid Consultation, the £40 upfront fee will be retained as a cancellation fee.
(d) If you wish to cancel a Paid Consultation, you must submit a Cancellation Request within 48 hours of the Paid Consultation. If you submit the Cancellation Request:
(i) 48 hours or more of the Paid Consultation booking, no cancellation fee will apply and we will provide you with a full refund. You acknowledge and agree that you must contact us directly in order for us to process your refund;
(ii) less than 48 hours of the Appointment, a cancellation fee of 70% of the total Fees for the Service will apply (subject to clause 12).
3.4 free fittings
(a) “Pre-Custom Product” means a pre-designed product available to order through our supplier. For the avoidance of doubt, we do not stock Pre-Custom Products – if you place an order for a Pre-Custom Product, we are required to order it from our Supplier.
(b) “Custom Product” means a custom, made to order product specifically tailored to you.
(c) Timelines for Pre-Custom Products and Custom Products may vary. Generally, Pre-Custom Products have a turnaround time of 2-3 weeks and Custom Products have a turnaround time of up to 8 weeks.
(d) If you have placed an in-salon order for a Pre-Custom Product or Custom Product, you may be entitled to a free fitting (Free Fitting), subject to the rest of this clause.
(e) Rita Rose Hair will notify you once your order has been received and is ready for fitting (Notification).
(f) Free Fittings are available only within 6 weeks from the date of Notification. You must book in the Free Fitting within 6 weeks from the date of Notification. If you fail to book in the Free Fitting within 6 weeks from the date of Notification, you automatically void your Free Fitting.
(g) Full payment is required 2 weeks from the date of Notification. If you fail to make payment within 2 weeks of the Notification you automatically void your Free Fitting and standard costs will apply.
3.5 hair extensions
(a) We may offer hair extension services (Hair Extensions) as part of the Services, from time to time.
(b) Unless otherwise specified, all Hair Extensions are made to order.
(c) Virgin hair is the highest quality of hair due to there being no chemical processing. Virgin hair can be re-used without shedding, losing its shine and can last up to 9 months (subject to care and individual differences as set out our ‘Disclaimer’ below).
(d) For Hair Extension pricing, please see our pricing here [link].
3.6 minors
If you are under the age of 18 and wish to book and receive the Services, you must be accompanied by a responsible adult during all appointments.
4 RIGHT TO REFUSE SERVCE
(a) Rita Rose Hair reserves the right to refuse service to you for the following reasons (to be determined at Rita Rose Hair’s absolute discretion):
(i) if you have a medical condition which prevents you from wearing hairpieces;
(ii) if you have allergies towards human hair, glue, adhesives, or are allergic to a type of based materials (i.e. where you have experienced irritation leading to sores, blisters and/or itchy scalp);
(iii) if you treat any member of staff of Rita Rose Hair (Staff Member) unfairly, disrespectfully or verbally or physically abuse a member of Staff at any time;
(iv) if you physically harm a Staff Member or other clients;
(v) if you threaten a Staff Member, property or the Rita Rose brand, whether directly or indirectly;
(vi) if a Staff Member is at any time put in physical, mental or emotional danger by you, or they are made to feel unsafe at any point of contact with you (including phone, face-to-face, email or post);
(vii) if you harass a Staff; Member in any way, including but not limited to verbal, physical or sexual harassment;
(viii) if there is a debt on your account past its due dates, or any of your payments have not been met. Please keep Rita Rose fully informed regarding late payments to avoid being refused service or prosecution; or
(ix) if you breach any clause of these terms and conditions.
(b) For the avoidance of doubt, it is your responsibility to advise Rita Rose Hair of any medical conditions or allergies (as set out in our ‘Disclaimer’ below). Rita Rose Hair will not be liable to you for any damages occurring as a result of your failure to disclose necessary medical information.
5 AFTERCARE
(a) By signing up for our Services, you agree to follow the aftercare advice we provide to you (Aftercare Procedure) in order to maintain your new hair correctly. You acknowledge and agree that failing to adhere to the Aftercare Procedure may result in your hair system, or your own natural hair and scalp, becoming damaged.
(b) We will provide you with a brochure setting out the Aftercare Procedure, however the Aftercare Procedure can also be found Here in these terms. You acknowledge and agree that it is your responsibility to review and follow the Aftercare Procedure.
(c) To the maximum extent permitted by law, Rita Rose Hair will not be liable for any damage caused to your hair system, scalp or natural hair if the Aftercare Procedure is not followed carefully and/or correctly.
6 CLIENT OBLIGATIONS
6.1 PROVIDE INFORMATION AND LIAISON
(a) You must provide Rita Rose Hair with all documentation, information and assistance reasonably required for Rita Rose Hair to perform the Services.
(b) You agree to liaise with Rita Rose Hair as it reasonably requests for the purpose of enabling Rita Rose Hair to provide the Services.
6.2 CONSENT FORMS
(a) If you are receiving Services, prior to receiving such Services you may be required to:
(i) review, complete and sign the ‘Hair Consultation Form & Aftercare Agreement’ provided to you;
(ii) review, complete and sign the ‘Service and Sale Agreement’ provided to you; and
(iii) review, complete and sign the ‘Skin Test & Service Consent Form’ provided to you,
(the Consent Forms).
(b) You acknowledge and agree that if you do not comply with this clause, Rita Rose Hair will not perform the Services for you.
(c) If you wish to review the Consent Forms prior to booking the Services or booking an appointment, they are attached as Schedule 2 to these terms. For the avoidance of doubt, the Consent Forms are subject to change at our sole discretion and the Consent Forms provided to you may be different to those set out in Schedule 2.
7 PRODUCTS
If you wish to purchase any hair systems, hair pieces or other products sold by Rita Rose Hair (including Pre-Custom Products and Custom Products) (Products), you acknowledge and agree that Products are subject to separate terms and conditions (including but not limited to terms regarding price, delivery, exchanges and refunds) which can be found here: [link] (Product Terms & Conditions).
8 DISCLAIMER
(b) (Patch tests) You acknowledge and agree that a patch test is required:
(i) for each new client; and
(ii) every 6 months for continuing clients.
(c) (Aftercare) You acknowledge and agree that it is your responsibility to follow the aftercare procedure (Aftercare Procedure) we provide you, and failure to do so may result in your hair system, or your own natural hair and scalp becoming damaged. Rita Rose Hair will not be liable for any damage caused to your hair system, natural hair or scalp resulting from your failure to follow the Aftercare Procedure, or non-disclosure to medical conditions, allergies, or irregular professional maintenance.
(d) (Results not guaranteed) You agree and acknowledge that Rita Rose Hair cannot guarantee any specific results from your participation in the Services. Outcomes of the Services Rita Rose Hair provides are dependent on a great number of factors and differ between individual to individual and as such specific outcomes cannot be guaranteed.
(i) your own level of care towards your hair system;
(ii) individual differences, such as physical activity and body composition;
(iii) specific designs according to the relevant manufacturer’s guided lifespan.
Therefore, to reduce wear and tear, we strongly recommend that you purchase two (2) hair systems to rotate throughout the year. For more information regarding care of your hair system, please see this webpage: [link]
9 PAYMENT
(a) All prices are:
(i) per unit (except where otherwise indicated); and
(ii) in British Pounds (except where otherwise indicated).
(b) (Deposits) A deposit is required to be paid when booking an Appointment for most Services. The amount required for a deposit depends on your selected Service and may range from 10% to 50% of the total fees associated with the selected Service (Deposit).
(c) (Fees) The total Fees for the Services (less any Deposit) will become due and payable after your Appointment, unless otherwise agreed.
(d) (VAT) Unless otherwise indicated, our prices do not include VAT. In relation to any VAT payable for a taxable supply by us, you must pay the VAT subject to providing an invoice.
(e) (Late Payment) If you do not pay Rita Rose Hair the amounts due and payable under an invoice on or before its due date, without limiting any of Rita Rose Hair’s other rights under these terms, you must pay Rita Rose Hair interest at the rate of 10% per annum on each amount outstanding, from the due date for payment to the date on which the payment is received by Rita Rose Hair.
(f) (Price changes) All prices are subject to change annually. Such price changes will generally occur at anytime between November to March. Any price changes will be reflected in the service price list.
10 CANCELLING APPOINTMENTS, RESCHEUDLING AND NO SHOWS
10.1 Cancelling an appointment
(a) Rita Rose Hair reserves the right to cancel your Appointment for any reason, and will notify you of this as soon as possible. Where full payment of the Fees has already been made, the full amount paid will be credited back to your original method of payment.
(b) If you wish to cancel or reschedule an Appointment, you must click the ‘Manage appointment’ link included in the appointment confirmation email (Cancellation Request).
(c) If the Cancellation Request is provided:
(i) 48 hours or more prior to the Appointment, no cancellation fee will apply and we will provide you with a full refund of any Deposit paid. You acknowledge and agree that you must contact us directly in order for us to process your refund;
(ii) less than 48 hours of the Appointment, we will retain any Deposit paid as a cancellation fee (to be determined at our absolute discretion).
(d) This clause does not apply if you exercise your right to cancel pursuant to clause 12 below.
10.2 RESCHEDULING
(a) Where possible, Rita Rose Hair encourages rescheduling instead of cancelling your Appointment.
(b) If you wish to reschedule your Appointment, you can do so via Fresha or by contacting us directly.
(c) If you choose to reschedule your Appointment, any Deposit paid will be applied to the new Appointment.
10.3 no shows
(a) If you fail to show up for a scheduled Appointment and do not cancel the Appointment in accordance our ‘Cancelling an Appointment’ clause above, a cancellation fee of the total fees applicable for the selected Service will apply.
(b) If you fail to show up for a Paid Consultation, you acknowledge and agree that the £40 upfront fee is non-refundable and will be applied as a cancellation fee.
11 GUARANTEE
Rita Rose offers a two-week hair unit guarantee post the date of the first fitting (2 Week Guarantee).
(a) We do not offer change of mind cancellation for contracts for goods that are made to your specifications (including Pre-Custom Products and Custom Products), are clearly personalised or for goods that are sealed for hygiene purposes (including shampoos, conditioners and other hair treatments) if they become unsealed or tampered with in any way (including being opened, used, brushed, altered or worn) after delivery, due to health protection.
(b) You have the right to cancel this contract within 14 days without giving any reason. However, you do not have the right to cancel if you requested for us to start providing the services during the cancellation period and the services are fully performed (ie the work is completed) during this period. This is further explained in clauses 12(f)) and 12(g) below.
(c) The cancellation period will expire after 14 days from the day you book an Appointment.
(d) To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement to us, for example by emailing us using the contact details available on our Website or by using our model cancellation form available here. You are not obliged to use the model cancellation form.
(a) If you cancel this contract in accordance with clause 12, we will reimburse to you all payments received from you, unless you requested for us to start providing the services during the cancellation period, in which case you must pay us:
(i) for the services we provided up to the time you told us that you want to cancel this contract, which will be an amount in proportion to the services performed up to that point in comparison with the full price under this contract; or
(ii) the full price under this contract, if you lost your right to cancel this contract because the services were fully performed (i.e. the work was completed) during the cancellation period.
(b) We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract.
(c) We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
(d) If you are placing an order for products, please note that our Product Terms & Conditions will apply. The cancellation rights for Products and our Pre-Custom and Custom products can be found in clause 6.4 [https://www.ritarosehair.co.uk/ECommerce-TCs] of the Product Terms & Conditions.
14 PHOTOGRAPHY & PERMISSION
Unless otherwise agreed in writing:
(a) Rita Rose Hair may photograph or record any results from the Services provided to the Client (Photography) unless you specifically direct Rita Rose Hair otherwise.
(b) Rita Rose Hair retains the right to reproduce, publish and display the Photography in Rita Rose Hair’s portfolios and websites for the purposes of recognition or professional advancement, and to be credited with authorship of the Services in connection with such uses.
15 REVIEWS
(a) You may provide feedback on the Website regarding the Services or your experience with us (a “Review”).
(b) Reviews can be viewed by any Website user and will remain viewable unless deleted..
(c) You must only provide true, fair and accurate information in your Reviews.
(d) If we consider that a Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review and/or ban you from using the Website, or posting further Reviews. We do not undertake to review each Review made by a customer.
(e) To the maximum extent permitted by law, we are not responsible for the content of any Reviews.
(f) You may only write a Review about your own service experience or the Services you have purchased from us, which means that.
(g) You may only write about your own experience. You are not permitted to write a Review about somebody else’s experience, such as that of a family member or friend.
16 DISCOUNT OFFERS AND LOYALTY PROGRAM
16.1 discount offers
(a) From time to time, we may provide promotional offers such as "buy 2 get 10% off" as well as codes offering a discount for Services (Discount Offers). Some Discount Offers will be automatically applied at checkout. For other Discount Offers, you will need to enter a code at checkout in order to use the Discount Offers.
(b) A Discount Offer may not be applied retrospectively. Discount Offers are non-transferrable and cannot be redeemed for cash or credit. Additional terms or conditions may apply.
(c) Only one Discount Offer may be applied at a time.
(d) WE ARE UNDER NO OBLIGATION TO RE-INSTATE ANY EXPIRED VOCHER OR OFFER DUE TO NON-USE
16.2 Loyalty program
(a) We may operate a Rita Rose Hair loyalty program by which loyal customers will be rewarded for receiving each Service (Loyalty Program).
(b) You will automatically be eligible to participate in the Loyalty Programs when you sign up for Services with us.
(c) We reserve the right to terminate your access to the Loyalty Program (including any Stamps (defined below)) for any reason. Where we terminate your access to the Loyalty Program, will notify you of this as soon as possible.
(d) For each Service that you receive, you will receive a stamp (Stamp). When you collect 10 Stamps, you will be given 6 weeks from the date of your last Stamp to receive 15% off your next general hair maintenance services.
(e) You acknowledge and agree that any Stamps earned via the Loyalty Program:
(i) cannot be redeemed for cash;
(ii) cannot be combined with any other promotional offers, discounts or rewards offered by us;
(iii) cannot be transferred, shared or combined;
(iv) once you have collected 10, will expire 6 weeks from the date of your last Stamp.
(f) We will not be responsible for any Stamps that are lost or redeemed due to fraudulent activity by you or any other party.
You acknowledge and agree that all discounts redeemed via the Loyalty Program are at the absolute discretion of Rita Rose Hair.
17 POLICY CHANGES
Rita Rose reserves the right to make changes to prices, policies, terms and conditions and procedures without prior notice. This does not affect your statutory rights
18 CONSUMER RIGHTS
18.1 INFORMATION WE GIVE YOU
(a) Under applicable consumer law we must give you certain key information before a legally binding contract between you and us is made. This information is set out at the start of these terms. If you cannot access this information for any reason, you are welcome to contact us using the functionality on the website, or at the contact email address above, and we will provide you with a copy of this information.
(b) The key information we give you by law forms part of this contract (as though it is set out in full here).
(c) If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.
18.2 NATURE OF THE SERVICES
(a) The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’). The services that we provide to you must be carried out with reasonable care and skill. In addition:
(i) where the price has not been agreed upfront, the cost of the services must be reasonable; and
(ii) where no time period has been agreed upfront for the provision of the services, we must carry out the services within a reasonable time.
(b) We are under a legal duty to supply you with services that are in conformity with this contract.
18.3 Faulty services
(a) Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’).
(b) If the services we have provided to you are faulty, please contact us using the contact details at the top of this page.
19 LIABILITY
(a) To the maximum extent permitted by applicable law, Rita Rose Hair limits all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to this Website, these terms or any Services provided by Rita Rose Hair, is limited to the greater of:
(i) the total Fees paid to Rita Rose Hair by you in the 6 months preceding the first event giving rise to the relevant liability; and
(ii) £100GBP.
(b) All express or implied representations and warranties in relation to the Services and the associated services performed by Rita Rose Hair are, to the maximum extent permitted by applicable law, excluded.
(c) (Indemnity) You indemnify Rita Rose Hair and its employees and agents in respect of all liability for loss, damage or injury which is or may be suffered by any person arising from your or your representatives’:
(i) breach of any of these terms;
(ii) use of the Website;
(iii) provision of the Services by Rita Rose Hair; or
(iv) use of any other goods or services provided by Rita Rose Hair.
(d) (Consequential loss) To the maximum extent permitted by law, under no circumstances will Rita Rose Hair be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with this Website, these terms or any Services or services provided by Rita Rose Hair (except to the extent this liability cannot be excluded under law.
(e) Nothing in these terms or any Order will exclude or limit a party’s liability for fraud or intentional unlawful conduct by a party, or death or personal injury resulting from a party’s negligence.
(f) To the extent that the provisions of any applicable law shall impose restrictions on the extent to which liability can be excluded under these terms or an Order, including, for the avoidance of doubt, the provisions of sections 3, 6 and 11 of the Unfair Contract Terms Act 1977 in the UK (and its equivalent in any other jurisdiction) relating to the requirement of reasonableness, the exclusions set out in this clause will be limited in accordance with such restrictions. However, any exclusions of liability that are not affected by such restrictions will remain in full force and effect.
20 DISPUTE RESOLUTION
(a) A party claiming that a dispute has arisen under or in connection with these terms must not commence court proceedings arising from or relating to the dispute, other than a claim for urgent interlocutory injunction, unless that party has complied with the requirements of this clause.
(b) A party that requires resolution of a dispute which arises under or in connection with this agreement must give the other party or parties to the dispute written notice containing reasonable details of the dispute and requiring its resolution under this clause.
(c) Once the dispute notice has been given, each party to the dispute must then use its best efforts to resolve the dispute in good faith. If the dispute is not resolved within a period of 14 days (or such other period as agreed by the parties in writing) after the date of the notice, any party to the dispute may take legal proceedings to resolve the dispute.
21 Third party rights
No one other than a party to this contract has any right to enforce any term of this contract.
22 FORCE MAJEURE
(i) reasonable details of the Force Majeure Event; and
(ii) so far as is known, the probable extent to which the Affected Party will be unable to perform or be delayed in performing its obligation.
(b) Subject to compliance with clause 22(a), the relevant obligation will be suspended during the Force Majeure Event to the extent that it is affected by the Force Majeure Event.
(c) The Affected Party must use its reasonable endeavours to overcome or remove the Force Majeure Event as quickly as possible.
(d) (d) For the purposes of this agreement, a ‘Force Majeure Event’ means any:
(i) act of God, lightning strike, meteor strike, earthquake, storm, flood, landslide, explosion or fire;
(ii) strikes or other industrial action outside of the control of the Affected Party;
(iii) war, terrorism, sabotage, blockade, revolution, riot, insurrection, civil commotion, epidemic, pandemic; or
(iv) any decision of a government authority in relation to COVID-19, or any threat of COVID-19 beyond the reasonable control of the Affected Party, to the extent it affects the Affected Party’s ability to perform its obligations.
23 GENERAL
23.1 GOVERNING LAW AND JURISDICTION
This agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.
23.2 WAIVER
No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
23.3 SEVERANCE
Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.
23.4 JOINT AND SEVERAL LIABILITY
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
23.5 ASSIGNMENT
A party cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party.
23.6 COSTS
Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.
23.7 ENTIRE AGREEMENT
This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.
23.8 INTERPRETATION
(a) (singular and plural) words in the singular includes the plural (and vice versa);
(b) (currency) a reference to £, or “pound”, is to pound sterling (GBP), unless otherwise agreed in writing;;
(c) (gender) words indicating a gender includes the corresponding words of any other gender;
(d) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(e) (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(f) (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(g) (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;
(h) (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;
(i) (headings) headings and words in bold type are for convenience only and do not affect interpretation;
(j) (includes) the word “includes” and similar words in any form is not a word of limitation; and
(k) (adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.
23.9 NOTICES
(a) A notice or other communication to a party under this agreement must be:
(i) in writing and in English; and
(ii) delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (info@ritarosehair.co.uk). The parties may update their Email Address by notice to the other party.
(b) Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:
(i) 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or
(ii) when replied to by the other party,
whichever is earlier.
