Booking Terms and Conditions
Last updated: April 2020
These Booking Terms and Conditions will apply to your transactions via the Website. Please read these carefully before you make a booking on the Website. If you do not agree with these Booking Terms and Conditions, you must not use our Website to make a booking.
• "Booking" means any booking made by a Customer for any of the Service Partner Services, regardless of whether said booking was made via the Website or the Distribution Channels, including but not limited to NinjA’fro Bookings; • “Customer", "you" and "your" means you, the buyer of any Services;
• “Early Cancellation” means a cancellation by a NinjA’fro Customer of their NinjA’fro Booking more than, or equal to, 48 hours prior to the time of the relevant appointment;
• “Late Cancellation” means a cancellation by a NinjA’fro Customer of their NinjA’fro Booking less than 48 hours prior to the time of the relevant appointment;
• "NinjA’fro Booking" means a booking made on the Website where at the time of making the booking the Customer chooses a date and/or time at which to receive Service Partner Services;
• “NinjA’fro Contract” has the meaning given in section 2.3(a) below;
• "NinjA’fro Customer” means a Customer who books a NinjA’fro Booking via the Website;
• “NinjA’fro Deposit” means a deposit required by NinjA’fro and calculated as 10% of the total value of the Service Partner Service(s) ordered in a NinjA’fro Booking;
• “NinjA’fro Service” has the meaning given in section 3.1 below;
• “Order” has the meaning given in section 3.1 below;
• “Order Confirmation” has the meaning given in section 3.4 below;
• “Remaining Amount” means the amount payable by a NinjA’fro Customer to the Service Partner at the time of the relevant appointment and calculated as the total value of the Service Partner Service(s) ordered in the NinjA’fro Booking less the Total Deposit paid at the time the booking was made;
• “Service Partner Contract” has the meaning given in section 2.3(b) below;
• “Service Partner Deposit” means the deposit required by a Service Partner (where applicable and at a rate determined by the Service Partner) for each NinjA’fro Booking in respect of which a NinjA’fro Customer chooses to receive that particular Service Partner’s services, to cover a potential Late Cancellation;
• "Service Partner(s)" means our selected third party providers of services who offer their services for sale via our Website;
• "Services" means any services of a Service Partner offered for purchase or booking via the Website;
• “Total Deposit” means the sum of the NinjA’fro Deposit and (if applicable) the Service Partner Deposit, payable by the NinjA’fro Customer on the Website, at the time of making a NinjA’fro Booking; and
• “Website” means www.ninjafro.co.uk
2. SCOPE AND NATURE OF OUR SERVICE
2.1. This Website is operated by NinjA’fro Ltd, a company registered in England and Wales under company number 11968435 and whose registered office is at Kemp House, 152 – 160 City Road, London, EC1V 2NX, with VAT registration number 328093302 ("NinjA’fro", "us", "we" or "our" for short).
2.2. The Website allows you to discover, search, compare, make an order, book and pay a deposit for a range of hair services from our Service Partners (i.e. “NinjA’fro Service”).
2.3. All Services available for purchase or booking on the Website are offered by NinjA’fro on behalf of its Service Partners.
2.4. In respect of all NinjA’fro Bookings, NinjA’fro acts and is appointed as agent at law for the Service Partner to conclude those Bookings with a Customer and (where applicable) collect and process Service Partner Deposit payments on behalf of the Service Partner.
2.5. Services are provided by our various Service Partners, not by NinjA’fro. Service Partners are fully responsible and liable for their provision and supply of Service Partner Services to Customers. Therefore, we are not responsible or liable to you for the actual Services that are booked through the Website.
3. ORDERS, PAYMENTS AND CONTRACTUAL RELATIONSHIPS
3.1. There is currently one type of order ("Order") you can make on the Website: Orders for Services which you can place by making a NinjA’fro Booking.
3.2. The Order process allows you to check and amend any errors before submitting your Order to us. Please take the time to read and check your Order at each stage of the Order process and before finally submitting your Order.
3.3. At the time of a NinjA’fro booking, you must pay a Total Deposit for the Service Partner Service(s) ordered as follows:
a) The Total Deposit amount calculated will either be equal to:
1. The NinjA’fro Deposit; or
2. The sum of the NinjA’fro Deposit and the Service Partner Deposit, if the Service Partner required an additional deposit to cover Late Cancellation
c) Any currency conversion costs or other charges you incur while making a payment will be borne by you.
3.4. From the point at which you make your NinjA’fro Booking, we act solely as an intermediary between you and the Service Partner, transmitting the relevant details of your NinjA’fro Booking to the relevant Service Partner(s) and sending you written confirmation of your Order (“Order Confirmation") on behalf of the Service Partner.
3.5. You enter into two direct (legally binding) contracts when we send your Order Confirmation:
a) a contract between you and NinjA’fro (the “NinjA’fro Contract”). For the sake of clarity, in the NinjA’fro Contract NinjA’fro provides certain services, which include:
1. The acceptance of your booking, but without prejudice to the rights of NinjA’fro at its sole and absolute discretion to decline any booking you seek to make;
2. Allocating each accepted booking to a Service Partner via such means as NinjA’fro may choose;
3. Keeping a record of each accepted booking;
4. Remotely monitoring the performance of the booking by the Service Partner; and
5. Receipt of and dealing with feedback, questions and complaints relating to bookings. You are encouraged to provide your feedback if any of the services provided by the Service Partner do not conform to your expectations; and
b) a contract between you and the relevant Service Partner with which you make a NinjA’fro Booking (the “Service Partner Contract”). For the sake of clarity, in the Service Partner Contract NinjA’fro accepts your booking acting as disclosed commercial agent for the Service Partner (as principal). Such acceptance by NinjA’fro as agent for the Service Partner gives rise to a Service Partner Contract for the provision to you of services between you and the Service Partner. For the avoidance of doubt: NinjA’fro does not itself provide the services, and is not a Service Partner. NinjA’fro simply acts as intermediary between you and the Service Partner. You acknowledge and agree that the provision to you of the services by the Service Partner is pursuant to the Service Partner Contract and that NinjA’fro accepts your booking as agent for the Service Partner, but is not a party to that contract.
3.6. Every time you order Services via the Website, the Booking Terms and Conditions in force at that time will apply to the NinjA’fro Contract and the Service Partner Contract.
3.7. If you pay a Service Partner Deposit as part of the Total Deposit, NinjA’fro will collect the payment in its capacity as the commercial agent of the relevant Service Partner. Our receipt of the correct payment will discharge your debt of the Service Partner Deposit to that Service Partner on whose behalf NinjA’fro has collected the payment.
3.8. At the time when you (or the recipient of the Service Partner Service(s)) attend the appointment, you must pay the Remaining Amount in full directly to the Service Partner as follows:
a) The payment must be made in pound sterling via cash, credit card, debit card, bank transfer or other payment method, depending on the payment method(s) accepted by that Service Partner; and
b) Any currency conversion costs or other charges you incur while making a payment will be borne by you.
3.9. If you make a Late Cancellation or fail to attend an appointment you will still be liable to the Service Partner for the Service Partner Deposit under the Service Partner Contract.
3.10. If you make an Early Cancellation, a Late Cancellation or fail to attend an appointment you will still be liable to NinjA’fro for the NinjA’fro Deposit under the NinjA’fro Contract.
3.11. Your Order Confirmation is your receipt from NinjA’fro. If you require a VAT receipt for your payment of the NinjA’fro Deposit, please contact us on email@example.com
3.12. If you require a VAT receipt for your payment of the Service Partner Deposit or Remaining Amount to the Service Partner, please contact the Service Partner directly. The Service Partner has full responsibility for accounting for VAT.
3.13. The rates that apply for the services provided by the Service Partner can be found on the Website. These may be modified or updated from time to time. It is your responsibility to remain informed about the current rates for the services.
3.14. Your access and use of the Services constitutes your agreement to be bound by these Booking Terms and Conditions, which establish a contractual relationship between you and NinjA’fro, and between you and the Service Partner. If you do not agree to these terms, you may not access or use the Services. These Booking Terms and Conditions expressly supersede prior agreements or arrangements with you. NinjA’fro may terminate these Booking Terms and Conditions or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason. NinjA’fro will provide you with as much notice as it reasonably can of such termination, cessation or denial. However, NinjA’fro reserves the right to terminate these Booking Terms and Conditions or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, immediately at any time without notice if (i) you are in breach of these terms, (ii) it is impractical to give such notice in the circumstances, or (iii) in the opinion NinjA’fro, any delay in such termination would expose NinjA’fro, a Service Partner or a third party to significant risk of harm or damage.
4. CANCELLATIONS AND CHANGES TO YOUR NINJA’FRO BOOKING
4.1. If you wish to change the date and/or time of a NinjA’fro Booking after you have received an Order Confirmation and at least 48 hours prior to the time of the relevant appointment, please contact either NinjA’fro at firstname.lastname@example.org or the Service Partner directly.
4.2. If your request to reschedule is made at least 48 hours prior to the appointment, the Service Partner will endeavour to offer you a suitable alternative booking date and/or time. Please note that the Service Partner’s ability to accommodate your request will be subject to the Service Partner’s availability during the time to which you wish to reschedule.
4.3. There is no requirement on NinjA’fro or the Service Partner to endeavour to offer you a suitable alternative booking date and/or time if your request to reschedule is made less than 48 hours prior to the appointment.
4.4. In the event that a Service Partner is unable or unwilling to accept a change in a NinjA’fro Booking pursuant to a Customer requesting such a change, you can choose to proceed with the Booking or can cancel in accordance with clause 4.6 and 4.7.
4.5. If you wish to cancel an Order after you have received an Order Confirmation, please refer to our cancellation policy in clause 4.6 and 4.7. If you still wish to proceed with the cancellation, please do so immediately either by using your NinjA’fro account via the Website or by emailing email@example.com.
4.6. If you make an Early Cancellation, NinjA’fro will offer you a partial refund as follows:
a) If the Total Deposit you paid at the time of booking was equal to the NinjA’fro Deposit, we will not offer you a refund; or
b) If the Total Deposit you paid at the time of booking was greater than the NinjA’fro Deposit and included a Service Partner Deposit, NinjA’fro will offer you a refund equal to Service Partner Deposit via the original method of payment.
4.7. If you make a Late Cancellation of a NinjA’fro Booking or fail to attend your relevant appointment:
a) NinjA’fro will not offer you a refund; and
b) NinjA’fro will owe a refund to the Service Partner equal to the Service Partner Deposit.
4.8. If a Service Partner wishes to change the date and/or time of a NinjA’fro Booking, in the event that you are unable or unwilling to agree to such a change, the Service Partner may choose to proceed with the Booking otherwise NinjA’fro will treat the NinjA’fro Booking as cancelled by the Service Partner and will refund you the Total Deposit you paid at the time of booking.
4.9. If the Service Partner fails to attend your relevant appointment, NinjA’fro will treat the NinjA’fro Booking as cancelled by the Service Partner and will refund you the Total Deposit you paid at the time of booking.
4.10. If a Service Partner encourages you to cancel your NinjA’fro Booking and make a separate booking directly with them, you must report this to us at firstname.lastname@example.org. If you act to cancel your NinjA’fro Booking and make a separate booking directly with the Service Partner, you shall be in breach of these Booking Terms and Conditions.
5.1. The images and/or descriptions of the Services on the Website are for illustrative purposes only. Actual Services may vary from those images and/or descriptions.
5.2. We require our Service Partners to ensure that all information they publish or provide to us to publish on their page of the Website is accurate, correct and not misleading. However, we cannot verify the information which they provide to us.
5.3. Our Service Partners are under a legal duty to provide Services that are in conformity with the relevant Service Partner Contract.
5.4. If you are a consumer, you have legal rights in relation to Services that are not performed with reasonable care and skill or are otherwise not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Booking Terms and Conditions will affect those legal rights.
5.5. It is your sole responsibility to communicate to the Service Partner in advance any medical or health-related conditions and/or special needs that might affect, or be affected by, any Service Partner Service(s). If you fail to disclose any such information to the relevant Service Partner, neither NinjA’fro nor that Service Partner shall be liable to you for any injury, loss or damages resulting from the Services that could reasonably have been avoided if you had disclosed that information prior to receiving the Services.
5.6. It is your sole responsibility to assess whether a chemical treatment is suitable, or likely to be suitable, for you prior to any treatment being carried out. You must conduct a patch test (or strand test) approximately 48 hours prior to your appointment, either by yourself or by booking a consultation with the Service Partner for that Service Partner to carry out the patch test for you.
5.7. It is your sole responsibility to ensure that your hair and scalp are in appropriate condition prior to a chemical treatment. This includes, but is not limited to:
a) Ensuring you do not shampoo, brush, massage or scratch your scalp a few days prior to the treatment;
b) Ensuring you do not undergo another chemical treatment within the recommended period prior to the treatment, per the product instructions;
c) Ensuring you hair is not splitting, breaking or otherwise in bad condition prior to the treatment;
d) Ensuring you allow a sufficient break between removing styles that pull, stretch or break hair (e.g. braids, cornrows) and undergoing the treatment; and
e) Ensuring you take note of instructions in the chemical treatment product.
5.8. It is your responsibility to bring key hair supplies to your appointment and prepare them, unless the Service Partner requires that you do not. For braid, weaves, crochets, cornrows and wig services, most Service Partners will expect you to bring and prepare:
a) Hair extensions; and
b) Frontal or closures, dyed to the necessary shade (if applicable)
5.9. For hygiene purposes, it is your responsibility to ensure that your hair and scalp are in clean condition prior to undergoing any Service Partner Service except wash services and chemical treatments.
6. DISPUTE RESOLUTION
6.1. If you would like to make a complaint about one of our Service Partners or their Services, please either:
a) speak to the Service Partner directly to try and resolve the issue;
b) leave an honest review on the Website to reflect your experience; and/or
c) contact us promptly by e-mail at email@example.com or write to us at NinjA’fro Ltd, Kemp House, 152 – 160 City Road, London, EC1V 2NX. Following receipt of a complaint we will contact the Service Partner to attempt to resolve the issue on your behalf.
6.2. Because your satisfaction is of high importance to us, we will take all complaints about our Service Partners seriously and make efforts to resolve disputes. However, we are not responsible or liable, for the relevant Service Partner Service(s) and we are not under any obligation to provide you with a refund or credit note if you are dissatisfied with Services you received from our Service Partners.
7.1. The Service Partner shall be directly responsible to you for any failure to fulfil the your expectations or for any other legal liability which arises in respect of the Service Partner’s provision and supply of Service Partner Services to you, save where such liability arises as a result of NinjA’fro’s negligence.
7.2. NinjA’fro shall not be liable for any loss of income or profits, loss of use, loss of business, loss of contracts, loss of goodwill, loss of reputation, loss of data, or other intangible losses or for any incidental, special, indirect or consequential loss or damage, or punitive, exemplary or non-compensatory damages of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.
7.3. To the extent permitted by applicable law, NinjA’fro will not be liable to you in respect of any acts or omissions of its employees, agents or sub-contractors, whether such liability arises in contract (by way of indemnity or otherwise), tort (including negligence), misrepresentation, breach of statutory duty, restitution or otherwise.
8.1. NinjA’fro has the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities, so please review our terms regularly. You can find the date on which these Booking Terms and Conditions were last updated at the top of this page.
8.2. Every time you wish to make an Order on the Website, please check these Booking Terms and Conditions to ensure you understand the terms which will apply at that time.
8.3. NinjA’fro and/or Service Partner have the right to revise prices for Services quoted on the Website from time to time. The Website will be updated to reflect the latest prices at that time.
8.4. All communications and notices from you must be sent to NinjA’fro by email at firstname.lastname@example.org or by post to NinjA’fro Ltd, Kemp House, 152 – 160 City Road, London,
EC1V 2NX. NinjA’fro may communicate and give notice to you via email post, or by posting notices on the Website.
8.5. NinjA’fro reserves the right to deactivate your NinjA’fro account in the event of a breach of these Booking Terms and Conditions and/or where the Customer acts in a way that is inappropriate, abusive or otherwise unacceptable towards our team or employees of a Service Partner, either in written communications, or in-person at the Service Partner’s venue.
8.6. If any term of these Booking Terms and Conditions is found by a competent authority to be illegal, invalid or unenforceable under any applicable law, such term shall, insofar as it is severable from the remaining terms, be deemed omitted from these Booking Terms and Conditions and shall in no way affect the legality, validity or enforceability of the remaining terms.
8.7. These Booking Terms and Conditions and any dispute or claim arising out of, or in connection with, it shall be governed by and interpreted in accordance with the laws of England and Wales.