Booking Terms & Cancellation Policy
1. THESE TERMS
1.1 These are the terms and conditions on which we supply services to you. “We”, “us”, “our”, or any other similar expression, means The Rules of Style Ltd (T/A Daniel Johnson Personal Styling), a company registered in England and Wales. Our company registration number is 6895773 and our registered office is at 53 DAVIES STREET, MAYFAIR, LONDON, W1K 5JH. “You”, “your” or any other similar expression, refers to you, our customer who is purchasing Services from us.
2. DEFINITIONS
2.1 In these Conditions, the following words and phrases shall have the following meaning:
2.1.1 Arrival means from midnight on the date on which we are due to provide Services to you;
2.1.2 Booking means when you reserve or make arrangements with us for the provision of Services either in person, by telephone, or through our website from time to time;
2.1.3 Conditions means these Terms and Conditions as amended from time to time;
2.1.4 Contract means the contract between you and us for the supply of Services in accordance with these Conditions;
2.1.5 Price means the price for the Services as specified in clause 4.1 or as revised in accordance with clause 5; and
2.1.6 Services means the provision of personal styling services, concierge services or wardrobe styling services together with any optional extras to be provided, either for yourself or as a gift for someone else, as set out in our Written Confirmation.
2.2 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 In order to confirm your Booking, you will be asked and will need to accept these Conditions. When we confirm to you in writing that we are able to provide you with the Services (Written Confirmation), this is when the Contract shall come into force.
3.2 Our Written Confirmation will be sent to you by email unless we have received no valid email address from you, when we will send to you the Written Confirmation either by post or in person.
3.3 In the event of any inconsistency between the Written Confirmation and these Conditions, the Written Confirmation shall take priority.
3.4 You must be at least 16 years old to make a Booking or participate in the Services.
3.5 If we are unable to accept your Booking for any reason, we will inform you of this and will not charge you for the Services and will refund you for any deposit already paid.
4. price and payment
4.1 Unless you have made any changes to the Services in accordance with clause 5, the Price will be the price we tell you over the phone, in person, or as specified on our website (as applicable). The Price only includes the provision of the Services you select at the time of Booking.
4.2 Unless clause 4.3 or 4.4 applies, you must make payment of 50% of Price (Deposit) at least 14 days before Arrival.
4.3 You will need to pay for the balance of the Services in full on Arrival, less any Deposit already paid.
4.4 If your Booking is made through our website, you must make payment of 100% of the Price upon entering into the Contract.
4.5 We will invoice you for the balance of the price of any additional services when we have completed them, which should be paid in 14 days.
4.6 We accept payment with Visa, Mastercard, Visa Electron, American Express or by direct bank transfer to the account nominated by us in writing from time to time.
4.7 If you have set up an active credit facility with us, you must notify us in advance of any specific billing instructions, who has the authority to incur charges and any applicable restrictions or limitations. Otherwise, you will be liable for all charges and fees incurred throughout the provision of the Services.
4.8 If any goods are purchased by you from us, or purchased by us from a third party on your behalf, during the course of the Services, we will charge an additional 3% per transaction to cover the cost of processing the payment with our merchant. This includes where you reimburse us for the cost of any such purchase made on your behalf. We may choose to accept payment by any other method only in our absolute discretion.
4.9 You must, no later than the day before Arrival, provide us with valid credit card details which will be held until the provision of Services is complete. You will be required to indemnify us fully in respect of any purchases we make in the course of providing the Services and any other charges, including services charges, that we incur or any loss we suffer as a result of providing the Services. We reserve the right to take automatic payment from your credit card to reimburse us for any such charges.
4.10 If a chargeback or reversal of charges occurs upon any payment due from you to us:
4.10.1 you must immediately notify us as soon as you become aware of such circumstance occurring;
4.10.2 you agree to provide any reasonable assistance we require in order to rectify the situation; and
4.10.3 you shall reimburse us for any loss we suffer or fees we incur as a result of such chargeback occurring.
4.11 All payments must be made in full and in cleared funds.
4.12 If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 5% a year above the base lending rate of Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
4.13 If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
5. MAKING CHANGES
5.1 If you wish to make a change to the Services before Arrival, you must contact us. Until we have confirmed that the change is possible, the change will not be deemed to have been agreed. It might have been necessary for us to revise the Price in order for us to agree to the change you require. In that case, we will confirm any change in Price to you in writing and ask you to confirm whether you wish to go ahead with the change.
5.2 If the relevant change to the Services in clause 5.1 is in relation to the date of the Booking, you must contact us at least 48 hours before Arrival. If we have confirmed that we are able to change the date of your Booking, we will not revise the Price. You may only request to reschedule the date of the Booking a maximum of 2 times. Otherwise, you will be liable to pay the full Price for this Booking and for any subsequent Booking you make. Any subsequent Booking will be the subject of a separate Contract.
5.3 It may be necessary for us to change elements of the Services provided at any time in order to reflect changes in relevant laws and regulatory requirements and implement minor technical adjustments and improvements, for example to address a security threat. These changes are not likely to materially affect your use of the Services.
5.4 If we become unable to fulfil the Booking due to circumstances outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the circumstances. This may include offering you an alternative date for the Services or substituting any employee, agent or sub-contractor originally engaged to assist in providing the Services for an alternative employee, agent or sub-contractor with a similar level of skill and experience. Provided that we do this we will not be liable for any delay or amendments made to the Services caused by the circumstances but if there is a risk that our ability to provide the Services is materially affected you may contact us to end the Contract in accordance with clause 7.
6. PROVIDING THE SERVICES
6.1 We may contact you to ask for further information we require in order to enable us to carry out the Services, for example, your measurements. If you do not, within a reasonable time of our asking for it, provide us with this information, or you provide us with incomplete or incorrect information, we may either end the Contract, in which event we shall have no liability to you, or charge you a reasonable sum to compensate us for any extra work involved. You are responsible for ensuring that any information you have given us in advance, including your measurements, are correct.
6.2 If you do not allow us access to your property, workplace or other agreed location in order to perform the Services and this is what we have arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the Contract and clause 8.2 will apply.
6.3 Unless provided otherwise under the Contract, we own any intellectual property rights which arise out of or in connection with the Services. If there are any intellectual property rights owned by a third party which form part of the Services, we will need to get a licence from that third party before you are allowed to use that part of the Services (once we have licenced the same to you).
6.4 You must obtain our prior written consent in order to use any of our intellectual property rights, including our branding, name and logo.
6.5 You must also obtain our prior written consent in order to disclose any of our confidential information, including the existence of this Contract (subject to clause 6.6). This includes any express or implied implication that you are connected with us in any manner, such as through the use of social media.
6.6 Clause 6.5 does not apply where you disclose such information to your representatives for the purpose of this Contract, provided that you use your best efforts to ensure these representatives comply with these obligations, or where you are required to disclose any such information by law.
6.7 To the extent that you do not comply with clauses 6.4 and 6.5, you agree to indemnify us in respect of any loss or damage that we suffer or incur as a result of your breach. This includes any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses (as may be the case).
7. YOUR RIGHTS TO END THE CONTRACT
7.1 If you are ending a contract for a reason set out below the Contract will end immediately and we will refund you in full for any Services which have not been provided. The reasons are:
7.1.1 we have told you about an upcoming change to the Services which you do not agree to;
7.1.2 we have told you about an error in the price or description of the Services you have ordered and you do not wish to proceed;
7.1.3 there is a risk that supply of the Services may be materially affected because of events outside our control;
7.1.4 you have a legal right to end the contract because of something we have done wrong.
7.2 Even if you do not have the right to end the contract for any reason set out in clause 7.1, you can still cancel the Contract as long as you contact us more than 48 hours prior to the date of Arrival. The Contract will end immediately and we will refund any sums paid by you for Services not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) 50% of the Price as compensation for the net costs we will incur as a result of your doing so.
7.3 If you cancel the Contract (for any reason not set out in clause 7.1) less than 48 hours prior to the date of Arrival, the Contract will end immediately and we shall retain (or, if you have not made an advance payment, charge you) 100% of the Price as compensation for the net costs that we will incur as a result of your doing so.
7.4 In respect of any refunds due to you, we will endeavour to refund you in the same method in which you originally paid. If you are exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind
8. OUR RIGHTS TO END THE CONTRACT
8.1 We may end the Contract at any time by writing to you if:
8.1.1 you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
8.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Services, for example, your measurements (if applicable);
8.1.3 you do not, within a reasonable time, allow us access to your premises or such other agreed location to supply the Services (if applicable).
8.2 If we end the Contract in the situations set out in clause 8.1 we will refund any money you have paid in advance for Services we have not provided but we may deduct or charge you a percentage of the Price depending on the date on which we end the contract in accordance with clause 7.2 or 7.3 (as applicable), as compensation for the net costs we will incur as a result of your breaking the Contract.
9. IF THERE IS A PROBLEM WITH THE PRODUCT
9.1 If you have any questions or complaints about the Services, please contact us.
9.2 Nothing in these terms will affect your legal rights.
9.3 If you are a consumer:
9.3.1 If we fail to comply with these Conditions, we are only responsible for loss or damage you suffer that is a foreseeable result of our breaking this Contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. However, our liability will be limited to the Price, except where clause 9.5 applies.
9.3.2 We only supply the Services and any related products for domestic and private use. If you use the Services or any related products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, loss of business opportunity or reputational damage of any kind.
9.4 If you are a business customer (subject to clause 9.5):
9.4.1 we shall under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, business, revenue, goodwill, reputational damage of any kind or any type of special, indirect or consequential loss (including loss or damage suffered by you as a result of an action brought by a third party) arising under or in connection with the Contract even if such loss was reasonably foreseeable or we had been advised of the possibility of you incurring it; and
9.4.2 our total liability to you in respect of all other losses arising under or in connection with the supply of Services, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the Price paid.
9.5 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or sub-contractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Services including the right to receive Services which are as described and supplied with reasonable skill and care.
10. HOW WE MAY USE YOUR PERSONAL INFORMATION
10.1 We will use the personal information you provide to us to provide the Services, process your payment for such Services and if you agreed to this during the order process, to inform you about similar products or services that we provide, but you may stop receiving these communications at any time by contacting us.
10.2 Where we extend credit to you for the Services we may pass your personal information to credit reference agencies and they may keep a record of any search that they do.
10.3 We may also give your personal information to other third parties:
10.3.1 where the law either requires or allows us to do so;
10.3.2 if we sell or buy any business or assets, in which case we will disclose your personal data to the prospective seller or buyer of such business or assets;
10.3.3 if are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our website terms of use in force from time to time and other agreements; or
10.3.4 to protect the rights, property, or safety of The Rules of Style Ltd, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
10.4 If you do not want us to use your personal information in a certain way, such as where you no longer want us to contact you to let you know about similar services we provide, you must contact us to let us know.
11. OTHER IMPORTANT TERMS
11.1 We may transfer our rights and obligations under these Conditions to another organisation. You may only transfer your rights or your obligations under these Conditions to another person with our written consent.
11.2 Nobody else has any rights under this Contract. This Contract is between you and us. No other person shall have any rights to enforce any of its terms.
11.3 If a court finds part of this Contract illegal, the rest will continue in force. Each of the paragraphs of these Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
11.4 Even if we delay in enforcing this Contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Conditions, or if we delay in taking steps against you in respect of your breaking this Contract that will not mean that you do not have to do those things or prevent us taking steps against you at a later date. For example, if you miss a payment and we do not require you to make a payment at that time but we continue to provide the Services, we shall still require you to make the payment at a later date.
11.5 These Conditions are governed by English law and you can bring legal proceedings in respect of the services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the services in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the services in either the Northern Irish or the English courts.