UBER PIGMENTATIONS
Terms and Conditions
1. Introduction
1.1 These Terms and Conditions apply to all permanent makeup treatments and related services provided by Angela Paterson trading as Uber Pigmentations, of Suite S6, 2nd Floor, 49 John Finnie Street, Kilmarnock, Scotland, KA1 1BL ("we", "us" or "our") to you as our client ("you" or "your").
1.2 These Terms and Conditions apply whenever you book an appointment with us, whether the booking is made online, by telephone, by message, in person or by any other method we make available.
1.3 Please read these Terms and Conditions carefully before making a booking. By making a booking, you agree to be bound by these Terms and Conditions.
1.4 These Terms and Conditions should be read together with any consultation, consent, pre-treatment, aftercare and healing information we provide to you in connection with your treatment.
2. Bookings and Payments
2.1 All appointments are subject to availability and are not confirmed until we have accepted your booking and received any upfront payment required at the time of booking.
2.2 When making a booking, you will be required to pay an upfront payment. The amount payable will be confirmed to you before you make your booking.
2.3 The upfront payment forms part of the total price of your treatment and will be deducted from the balance payable by you.
2.4 The remaining treatment price will be payable in accordance with the payment schedule confirmed to you at the time of booking.
2.5 Where your treatment requires more than one appointment, including a perfecting or top-up appointment, the total treatment price and the amounts payable at each stage will be confirmed to you before you book.
2.6 You are responsible for ensuring that the contact and other information you provide when making your booking is accurate and up to date.
3. Cancellations and Rescheduling
3.1 When you book an appointment, we reserve a specific period of time in our diary exclusively for you. Permanent makeup appointments may require several hours and some package treatments may require a full day to be reserved.
3.2 If you need to cancel or rearrange your appointment, you must contact us as soon as reasonably possible.
3.3 The upfront payment is taken in connection with reserving your appointment time and the arrangements we make in preparation for your treatment. If you cancel or request to reschedule your appointment, the upfront payment will not automatically be refundable or transferable to another appointment.
3.4 Where you cancel or request to reschedule, we will take into account the amount of notice provided, the length of appointment time reserved for you, any work or preparation already undertaken and whether we are reasonably able to fill the appointment with another paying client.
3.5 Where we are able to fill the appointment with another paying client, we will take this into account and may agree to transfer some or all of your upfront payment to a rearranged appointment.
3.6 Where we are unable to fill the appointment and have suffered a loss as a result of the time having been reserved for you, we may retain some or all of the upfront payment to reflect that loss.
3.7 If you cancel or request to reschedule with less than 72 hours' notice, we may also charge a reasonable cancellation amount where the loss caused by the cancellation exceeds the upfront payment already received. Any amount charged will reflect the circumstances and the loss reasonably incurred and will take account of any payment already retained.
3.8 Where you repeatedly cancel or reschedule appointments, we may refuse further bookings or require full or partial payment in advance before accepting another appointment.
3.9 We recognise that exceptional circumstances can arise. We may, at our discretion, agree to make alternative arrangements where appropriate. Any decision will be made reasonably taking into account the individual circumstances.
4. Failure to Attend (No-Show Policy)
4.1 If you fail to attend your appointment without giving us prior notice, this will be treated as a no-show.
4.2 Where you fail to attend an appointment, we may retain any upfront payment already made and may charge you a reasonable amount to reflect the loss we have incurred as a result of the appointment time being reserved for you.
4.3 In determining any amount payable, we will take into account payments already received and any other relevant circumstances, including whether we have been able to fill the appointment with another client.
4.4 Following a no-show, we may require full or partial payment in advance before accepting any further booking from you.
4.5 Repeated no-shows may result in us refusing to accept further bookings from you.
5. Contact Us
5.1 If you have any questions about your booking, treatment or these Terms and Conditions, or if you need to cancel or reschedule an appointment, please contact us as soon as reasonably possible.
5.2 You can contact us using the contact details provided when you make your booking or by email at uberpigmentations@yahoo.com.
5.3 Where you contact us regarding a cancellation or rescheduling request, the time at which we receive your message will be used to determine the amount of notice you have provided for the purposes of clause 3.
6. Changes to these Terms and Conditions
6.1 We may update these Terms and Conditions from time to time to reflect changes to our services, business practices or legal and regulatory requirements.
6.2 The Terms and Conditions that apply to your booking will be those provided or made available to you at the time your booking is made.
6.3 Any changes we make after your booking has been confirmed will not apply retrospectively to that booking unless the change is required by law or you expressly agree to the change.
7. Treatment Results, Top-Up Appointments and Refunds
7.1 Permanent makeup treatments involve individual healing and pigment retention, and results can vary from person to person. Factors including skin type, lifestyle, aftercare, existing pigmentation and your individual healing response may affect the final result.
7.2 Unless we expressly tell you otherwise, permanent makeup is a minimum two-appointment process consisting of the initial treatment and a scheduled top-up or perfecting appointment.
7.3 The final result of your treatment cannot reasonably be assessed until the healing process is complete and, where applicable, you have attended your scheduled top-up or perfecting appointment.
7.4 If you choose not to attend a required top-up or perfecting appointment, we cannot guarantee the final result of the treatment and will not be responsible for issues arising solely because the treatment process has not been completed.
7.5 We do not provide refunds simply because you change your mind about a completed treatment or because the healed result differs from your personal expectations where the treatment has been provided with reasonable care and skill and in accordance with the treatment agreed with you.
7.6 Nothing in these Terms and Conditions excludes or limits any rights or remedies you have under applicable consumer law, including where a service has not been provided with reasonable care and skill.
8. Healing Process & Communication
8.1 Permanent makeup requires a healing period and the appearance and colour of the treated area may change during that process. You will be provided with appropriate aftercare and healing information for your treatment, which you must follow carefully.
8.2 Healing and pigment retention vary between individuals. The treated area may initially appear darker or more intense and may subsequently appear lighter before the colour settles. The final healed result should not be assessed until the relevant healing period has passed.
8.3 The final result of your permanent makeup cannot be assessed during the healing period. Where your treatment includes a top-up or perfecting appointment, the healed result will be assessed at that appointment once sufficient time has passed for the colour and treated area to settle.
8.4 We do not assess the final treatment result or normal stages of healing by text message, social media message or photographs during the healing period. You should refer to the aftercare and healing information provided to you and allow the treatment to complete the normal healing process.
8.5 If you are concerned that you may have developed an infection, allergic reaction or other medical complication, you should seek appropriate medical advice promptly. We are not medical professionals and cannot diagnose or treat a medical condition. Please notify us of the concern and, where appropriate, provide photographs and details of any medical advice you have received.
8.6 Messages and enquiries are not monitored continuously. Non-urgent enquiries will be responded to during our usual working hours and we may be unavailable during evenings, weekends, holidays or other periods of leave. You should not delay seeking appropriate medical assistance while waiting for a response from us.
9. Client Responsibilities and Suitability for Treatment
9.1 Before treatment, you must complete any consultation, consent, medical or other information forms we reasonably require and provide complete and accurate information about any medical condition, medication, allergy, previous treatment or other matter which may be relevant to the treatment you have booked.
9.2 You must tell us if any information you have previously provided changes before your treatment or before any subsequent top-up, perfecting or other appointment.
9.3 You must follow any pre-treatment instructions provided to you. If you do not follow those instructions and we reasonably consider that it would be unsafe or inappropriate to proceed, we may postpone or refuse to carry out the treatment.
9.4 We will assess your suitability for treatment based on the information you provide, our consultation with you and any other relevant circumstances. We may recommend that treatment is postponed or not carried out where we reasonably consider this necessary for your health, safety or the appropriate provision of the treatment.
9.5 You must tell us immediately if you feel unwell or experience unexpected discomfort or any other concern during treatment.
9.6 You are responsible for following the aftercare instructions provided to you. Failure to follow those instructions may affect healing, pigment retention and the final result of your treatment.
10. Our Right to Refuse, Postpone or Stop Treatment
10.1 We reserve the right to refuse, postpone or stop a treatment where we reasonably consider that it would be unsafe, inappropriate or not in your best interests to proceed.
10.2 This may include circumstances where:
• you have not provided information reasonably required to assess your suitability for treatment, or information you have provided is incomplete or inaccurate;
• a medical condition, medication, skin condition, allergy, reaction or other contraindication means that treatment should not proceed;
• you have not followed relevant pre-treatment instructions;
• you appear to be under the influence of alcohol or drugs;
• you are under 18 years of age;
• you are unable to provide informed consent to the treatment;
• continuing treatment could reasonably present a risk to your health or safety or to ours; or
• you behave in an abusive, threatening, intimidating, discriminatory or otherwise inappropriate manner.
10.3 We may also stop a treatment after it has started if a health or safety concern arises, you ask us to stop, you withdraw your consent, or we reasonably consider that continuing would be unsafe or inappropriate.
10.4 Where treatment is refused, postponed or stopped, we will explain the reason where it is appropriate and reasonably possible for us to do so.
10.5 What happens to any payment you have made will depend on the reason the treatment could not proceed and the circumstances at the time. We will not charge or retain an amount which would be unreasonable in the circumstances.
11. Late Arrival
11.1 Please arrive at the agreed time for your appointment. If you believe you are going to be late, please contact us as soon as reasonably possible.
11.2 If you arrive late, we will make reasonable efforts to provide your treatment within the remaining appointment time where it is safe and appropriate to do so. However, we will not compromise the safety or standard of your treatment or cause unreasonable delay to appointments scheduled after yours.
11.3 If your late arrival means that there is insufficient time to carry out the treatment safely and to an appropriate standard, we may need to shorten, postpone or cancel the appointment.
11.4 Where an appointment cannot reasonably proceed because of your late arrival, we may retain some or all of any upfront payment or charge a reasonable amount to reflect the loss we have incurred as a result of the appointment time having been reserved for you.
11.5 Where a new appointment is required following a late arrival, we may require a further upfront payment before the new appointment is confirmed.
12. Cancellation or Rescheduling by Us
12.1 We may occasionally need to cancel or reschedule an appointment due to illness, emergency, equipment failure, problems with the premises or other circumstances which mean that we are unable to provide your treatment safely or as agreed.
12.2 If we need to cancel or reschedule your appointment, we will contact you as soon as reasonably possible using the contact details you have provided.
12.3 Where we reschedule an appointment, any payment you have already made for that appointment will be transferred to the rearranged appointment.
12.4 If we cancel an appointment and you do not wish to reschedule, we will refund any payment you have made for treatment that has not been provided.
12.5 We will not be responsible for additional costs or losses arising from a cancellation or rescheduling which were not reasonably foreseeable when you made your booking.
13. Additional Treatments, Top-Ups and Colour Boosts
13.1 Where your treatment includes a top-up or perfecting appointment, this forms part of the initial treatment process and should be attended within the timeframe recommended to you.
13.2 The price and payment schedule for your initial treatment and any included top-up or perfecting appointment will be confirmed to you before you book.
13.3 If you do not attend your top-up or perfecting appointment within the recommended timeframe, we may be unable to complete the treatment as originally planned and any later appointment may be treated as a separate treatment and charged accordingly.
13.4 The need for any additional treatment will depend upon factors including your individual healing, pigment retention, skin type, lifestyle and aftercare.
13.5 Any treatment required or requested after the initial treatment process has been completed, including future colour boosts or maintenance appointments, is not included in the original treatment price unless we have expressly agreed otherwise.
13.6 Any additional treatment or colour boost will be charged at the price applicable at the time it is booked. We will tell you the applicable price before you agree to the additional treatment.
14. Treatment Plan and Client Approval
14.1 Before beginning your treatment, we will discuss the proposed treatment with you, which may include the shape, placement, colour, style and intended result, depending on the treatment you have booked.
14.2 Where appropriate, we may carry out a pre-draw or mapping process before treatment begins. You will be given an opportunity to review the proposed shape and placement and to ask questions or request reasonable adjustments before giving your approval to proceed.
14.3 You must tell us before treatment begins if you are unhappy with or unsure about any aspect of the proposed treatment. We will not begin the permanent makeup procedure until you have confirmed that you are happy to proceed.
14.4 Once treatment has commenced, changes to the agreed shape, placement, colour or treatment plan may not always be possible. Where a requested change can safely and reasonably be made, additional treatment or a further appointment may be required and may be subject to an additional charge, which will be explained to you before any additional work is carried out.
14.5 Permanent makeup results are affected by individual skin characteristics, healing and pigment retention. Your approval of the treatment plan does not amount to a guarantee that the healed result will be identical to a pre-draw, reference photograph or other example.
14.6 Nothing in this clause affects our responsibility to provide your treatment with reasonable care and skill.
15. Complaints and Concerns
15.1 If you are dissatisfied with any aspect of your treatment or the service we have provided, please contact us as soon as reasonably possible and provide details of your concern so that we have an opportunity to consider and respond to it.
15.2 Where your concern relates to the appearance or result of permanent makeup, you acknowledge that the treatment must be allowed to heal before the final result can reasonably be assessed. Unless the matter relates to a health, safety or other urgent concern, we may ask you to wait until the appropriate stage of the healing process before the result is assessed.
15.3 We may ask you to provide reasonable information or photographs relating to your concern or to attend an appointment so that we can assess the treated area in person.
15.4 You must give us a reasonable opportunity to investigate your complaint and, where appropriate, discuss any reasonable steps that may be available to address the issue.
15.5 We will aim to respond to complaints within a reasonable period and will communicate with you professionally throughout the complaint process. We ask that you do the same.
15.6 Nothing in this complaints procedure affects your statutory rights or prevents you from pursuing any rights or remedies available to you under applicable law.
16. Liability
16.1 We will provide our treatments and services with reasonable care and skill and in accordance with the information you provide to us during your consultation and treatment.
16.2 We will not be responsible for a poor or unexpected treatment result to the extent that it has been caused by:
• information which you failed to disclose to us, or information which was materially inaccurate or incomplete;
• your failure to follow the pre-treatment or aftercare instructions provided to you;
• your failure to attend a required top-up or perfecting appointment;
• treatment, products or procedures carried out or applied by you or another person after your treatment with us; or
• circumstances outside our reasonable control which we could not reasonably have prevented.
16.3 Permanent makeup results vary between individuals. We are not responsible merely because your healed result differs from another person's result, a reference photograph or your expectations, provided that we have carried out the treatment with reasonable care and skill and in accordance with the treatment agreed with you.
16.4 Nothing in these Terms and Conditions excludes or limits our liability where it would be unlawful for us to do so, including liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or your statutory rights as a consumer.
16.5 Subject to clause 16.4, we will not be responsible for losses that were not reasonably foreseeable when the treatment was booked or that were not caused by a breach of these Terms and Conditions or a failure by us to exercise reasonable care and skill.
17. Body-Worn Camera and Safety
17.1 For safety and security purposes, a body-worn camera may be used at the premises in limited circumstances where we reasonably believe there is a risk to personal safety or security, including threatening, aggressive, abusive or intimidating behaviour.
17.2 The body-worn camera is not used for routine or continuous recording. Where reasonably practicable, you will be informed if recording is activated.
17.3 Any recordings will be handled securely and in accordance with applicable data protection law and our privacy information.
18. Events Outside Our Reasonable Control
18.1 Neither you nor we will be responsible for a failure or delay in performing an obligation under these Terms and Conditions where that failure or delay is caused by circumstances outside the reasonable control of the affected party.
18.2 Such circumstances may include severe weather, transport disruption, fire, flood, utility or telecommunications failure, serious illness or emergency, government restrictions, failure of the premises or other events which could not reasonably have been anticipated or avoided.
18.3 If an event outside our reasonable control affects your appointment, we will contact you as soon as reasonably possible and will take reasonable steps to minimise the effect of the disruption.
18.4 Where we are unable to provide your treatment as a result of such an event, we will offer to rearrange the affected appointment. Any payment already made for treatment which has not been provided will be transferred to the rearranged appointment.
18.5 If the appointment cannot reasonably be rearranged, or the disruption continues for a significant period, you may cancel the affected treatment and we will refund any amount you have paid for treatment which has not been provided.
19. General Terms
19.1 Entire Agreement
These Terms and Conditions, together with any consultation, consent, treatment, pre-treatment and aftercare information provided to you, set out the terms which apply to the treatment and services we provide to you.
19.2 Severability
If any provision of these Terms and Conditions is found by a court or other competent authority to be invalid, unlawful or unenforceable, that provision will be treated as removed to the extent necessary, but the remaining provisions will continue to apply.
19.3 Waiver
If we do not immediately enforce any provision of these Terms and Conditions, or delay in doing so, this does not mean that we have waived our right to enforce that provision at a later date.
19.4 Transfer of Rights
You may not transfer your booking or your rights under these Terms and Conditions to another person without our prior agreement.
19.5 Third Party Rights
These Terms and Conditions are between you and us. No other person has any right to enforce any of their provisions.
20. Governing Law and Jurisdiction
20.1 These Terms and Conditions and any dispute or claim arising out of or in connection with them, or the treatments or services we provide to you, will be governed by the laws of Scotland.
20.2 You and we agree that the Scottish courts will have jurisdiction to deal with any dispute or claim arising out of or in connection with these Terms and Conditions or the treatments or services we provide to you, subject to any rights you may have as a consumer to bring proceedings in another court with jurisdiction under applicable law.
21. Acceptance of Terms
By booking an appointment with us, you confirm that you have read, understood and agree to be bound by these Terms and Conditions.