Hazel Diamond Ltd
These terms and conditions apply to anyone who books/purchases or plans to book/purchase services or products from Hazel Diamond Ltd. No other terms and conditions referred to by the Client when booking a service with Hazel Diamond Ltd. shall apply, unless otherwise agreed in writing in advance with Hazel Diamond Ltd. For the avoidance of doubt, these terms herein shall apply from the time the website is used, social media accessed, or a service is booked/accepted by Hazel Diamond Ltd. By using this service, the Client fully accepts and agrees to comply with the terms and provisions of this agreement. If you do not agree to the terms and provisions of this agreement, do not use this service or any other offered by Hazel Diamond Ltd.
Hazel Diamond Ltd is committed to ensuring the protection and security of the personal information and data that we process and to provide a compliant and consistent approach to data protection. Details of data provision and how we protect your data is covered in this document. Hazel Diamond Ltd. would love to stay in contact with you, to provide you with our exclusive offers and extra information. Your data preferences can be updated at any time.
Hazel Diamond Ltd is the business trading name of its director Mrs Hazel Arn, professionally known as Hazel Diamond.
Definitions
1. Parties
1.1 Throughout these Terms & Conditions "We", "Us" and "Our" are all references to the provider of the Services; namely 'Hazel Diamond Limited trading as Hazel Diamond'; when you book services with Us, you are entering into a contract with Hazel Diamond Ltd.
1.2 Throughout these Terms & Conditions "You" or "Your" are references to the client contracting with Us under these Terms & Conditions.
2. Definitions
2.1 "Medical Consent Form or Treatment Form or any other form for consent" means the written document recording the informed consent to Treatment required by Us and consent given by You before any Treatment commences.
2.2 "Deposit" means the non-refundable deposit of a minimum of £70 or 50% of the Treatment Price as a deposit, payable under Clause 3.15 or under Our policy, before any Treatment commences.
2.3 "Follow Up or Top-up Treatment" means the Treatment which follows and is charged at the agreed Price on Our website or at the time of Your first appointment, or as agreed case by case in some instances. We do not charge in advance for the top-up or retouch session, We charge Our customers per single session only, making Our fees fairly priced and affordable.
2.5 "Initial Consultation" means the consultation meeting before any treatment has commenced. This is a free 15-minute consultation by telephone or videocall with one of Our Technicians where Our Services are, and your suitability are discussed with a view to You deciding if You would like to have any Treatment.
2.6 "Micropigmentation, Semi-permanent Make Up, Permanent Make Up, Microblading, cosmetic or medical tattooing" means both the process and result of permanent implantation of coloured pigmentation into skin for cosmetic purposes. Cosmetic treatments such as eyelash tint, eyebrow tint, Henna treatments, are temporary but also semipermanent and only last a few weeks.
2.7 "Price" means the current Price (that may be inclusive of VAT) of any Treatment as advertised on Our Website or our literature on the date when You book an appointment at Hazel Diamond Ltd for Treatment and pay the Deposit as agreed.
2.8 "Risks" means the risks as part of the business of providing the Services including (but not to the exclusion of any others) the risk of allergic reaction to a Treatment; the risks of bruising, swelling, flaking, tenderness, dryness and corneal abrasion following Treatment. The risk that the colour of the Micropigmentation, AKA Semi-Permanent Make up, Permanent Make Up, Medical Micropigmentation, or any other beauty treatments which includes our other treatments, which includes tinting of any kind, after treatment, will not precisely match the pigmentation colour chosen by You/Us for Your Treatment. Risk of the Treatment not meeting your full expectations or as desired. Risk that not all skin types hold crisp hair strokes, and we cannot guarantee an exact result.
2.9 "Services" mean micropigmentation, semi-permanent, permanent make up, medical micropigmentation and other procedures and services listed on our website (either collectively or individually) identified from time to time on the Website.
2.10 "Technician or medical technician, medical doctor/nurse or micropigmentation, pmu artist" means the fully qualified and trained Technician/artist contracted or affiliated to Us who conducts the Initial Consultation and/or the Treatment and/or the Follow Up Treatment, and always with your full consent, verbally or in writing.
2.11 "Treatment" means the initial treatment and first application of any of our treatments following your Initial Consultation.
2.12 "Unsuitable medical or cosmetic condition" is any medical or cosmetic condition, which makes any Treatment or Follow Up Treatment unsuitable for You whether or not such medical condition is expressly set out in the Consent Form. All customers are responsible and required to update us of any changes to their health per visit. We are not legally obligated to treat anyone we find unsuitable for Treatment.
2.13 "Website" means www.hazeldiamond.com
3. Booking & Treatment Procedures
3.1 If You decide following your Initial Consultation to utilise any of the Services, You agree to make a booking for both the Treatment and have the choice to return for the Follow Up Treatment (not more than 12 weeks) thereafter a higher fee may be applicable for the recommended retouch/top-up, with the exception for lip treatments for which the healing time and colour development is longer, but not beyond 16 weeks. We may refer you to another qualified practitioner or technician or doctor regarding any recommendations or services we may not be able to offer you at the time. It is therefore at your sole discretion to follow up with the recommendation, and your decision will be Your full responsibility and not Ours. Hazel Diamond Ltd/Hazel/Hazel Diamond/Hazel Arn will be exempt from any responsibility to any 3rd party outside Our physical care. This also applies if any clients decide to leave our clinics to move onto other SPMU/PMU artists for future treatments. Additionally, We do not take responsibility for any work not performed by Us if we are not the last clinic who delivered micropigmentation treatments to You.
3.1.1 Pregnancy and breastfeeding are contraindicated from all micropigmentation procedures, some cosmetic treatments, and Our other beauty treatments. You are required to inform Us if you suspect You are or have confirmed You are pregnant before any Treatment takes place. In the event that You arrive for a full appointment before or without declaring Your pregnancy or breastfeeding to your technician, 70% of the Treatment fee is forfeit and payable. We reserve the right to refuse to carry out Your Treatment at that time. This does not affect you returning to us at a future time when you are compliant with these terms and conditions.
3.2 Late cancellations and undisclosed conditions cost us in wasted time and materials. We reserve the right to charge a fee as compensation for impacts to our business.
3.2.1 Annual Top-up/Re-touch customers receive a Loyalty discount but only when booked within 12-16 months of last appointment date. Full price as per the price list, per clinic location will be applicable thereafter. Booster appointments will be offered on a case-by-case basis and expire after 6 weeks from the date offered. We reserve the right to change or remove these terms at any time without any notice.
3.2.2 The Re-booked/Re-scheduled booking date for any Treatment and/or Follow Up/Top-up/Re-touch that has been paid with a deposit, cannot be greater than 6 months after the original booked date or if We don't hear from You after 6 months has elapsed, the deposit will be forfeited; and
3.2.3 Our rights (at Our sole discretion) are to refuse more than x2 re-booking requests from You under the provisions of this clause.
3.2.4 You accept that there is no obligation to follow all steps of your treatment, but should You not complete your advised procedure steps e.g. top up, colour correction, etc. We do not take any responsibility for incomplete Treatment areas. Additionally, We do not offer refunds for incomplete treatment as per Our terms on refunds.
3.2.5 Colour Correction: We may advise our returning customers for a colour correction procedure on their eyebrows, eyeliner or lips. This would be in Yours, the client's, best interest. Semipermanent, Permanent makeup does change over time. If you're visiting Us from another clinic, We may decide to help You, but a series of correctional treatments may be recommended first. Or We may refer You to another practitioner or laser specialist. We only recommend qualified and experienced professionals however we do advise You also to do Your own research and We do not accept liability for any work or issues arising from such decisions. See Why Choose Hazel Diamond.
3.3 You accept that any late booking, late re-scheduled appointments, late cancellations for Your Treatment and/or Follow Up/ Top-up/Re-touch Treatment (i.e. not in accordance with Clause 3.2) create a financial loss for Us, so accordingly You agree:
3.3.1 To pay 70% of the Price if You cancel a booking for a Treatment less than full 7 days (7pm until 23:55 LATEST, night before) of the booked date for the Treatment. This applies to all Treatments provided by Us.
3.4 Whilst We will use Our best endeavours to run Our daily appointments on time, You accept that the precise booking times may fall behind as a result of individual Treatment circumstances, and You excuse and release Us from any liability for such time delays within any particular working day.
3.4.1 Whilst We will use Our best endeavours to ensure that bookings for Treatment or Follow Up/ Top-up/ Re-touch Treatments are not cancelled, You acknowledge that this is sometimes unavoidable and You agree:
3.5 To release Us from any liability for any cancellation by Us which is notified to You by at least 24hrs before any date booked for Treatment or Follow Up/Top-up Treatment. In such circumstances we would offer You a priority booking date that's available, or the choice to receive back Your pre-paid deposit if an appropriate alternative date cannot be found.
3.5.1 To release Us from any liability when Your choice of Technician is unavailable to provide the Treatment or Follow Up/Top-up/Re-touch Treatment, but an alternative Technician is made available to You at the appointed time;
3.5.2 To the Restrictions & Exclusions at clause 6.
3.5.3 Hazel Diamond Ltd shall not be liable for non-performance or delay of performance which is due to any cause beyond its reasonable control including (without limitation) inclement weather, fire, flood, industrial action, explosions, government regulations and orders.
3.6 In the unlikely event, after having a treatment with Us, and if We cannot agree on or You have refused to accept another recommended/required service from Us to help aid completion of your treatment; or if as a result of not following our professional advice Your treatment hasn't developed as hoped, You agree to the clause below:
3.7 You agree that We are under no obligation whatsoever to accept requests from You in the future for any further Treatment (and that We do not need to explain the reasons for any such refusal). You also agree that We are under no obligation whatsoever to accept requests for any type of cosmetic or medical micropigmentation/semipermanent/permanent makeup/microblading or any other treatments on our Treatment list which We (in Our sole discretion) consider to be inappropriate.
3.7.1 You accept that We have zero tolerance to any verbal or physical abuse. Should we be made to feel threatened, uncomfortable, or bullied in anyway by any person or customer that has booked in with Us or wishes to make an appointment with Us, We have the right to refuse and cancel Your appointment without any notice or explanation in advance or on the actual booking date, without prejudice or discrimination, penalty or other.
3.7.2 You accept that We will contact the police and seek to ensure prosecution is enforced against anyone who breaches the above clause.
3.8 You agree that we are not liable for any of your travel costs to or from our clinic on any occasion at whatever time.
3.9 All Retouch/Top-up/Follow-up appointments are only charged per visit, per customer and payment either due in full or as a deposit. Any clients booking in as model appointments, as either portfolio demo or trainee model, will not be entitled to free of charge retouch appointments, all fees will be agreed beforehand. Please see specific modelling terms.
3.10 Some people can feel unwell after their Covid-19 vaccination, and this tends to last around 48 - 72 hours. Clients accept full responsibility in choosing the date of their Permanent Make Up treatment and accept that deposits are non-refundable and non-transferable if cancelled less than 7 days full notice (7pm until 11:55 LATEST night beforehand), due to illness following Covid-19 vaccination. For the avoidance of doubt, a minimum of 7 full days BEFORE Your appointment date.
3.10.1 If cancellations of appointments are not made within the Full 7 days (by 7pm the day beforehand) the cancellation period due to Covid-19 infection, either a positive test or a doctor's note must be provided as proof to transfer deposit to a new appointment slot. Otherwise, our terms and conditions will be applicable, no excuses. Or exceptions.
3.11 If You have not followed the correct pre-procedure requirements given or if You have failed to give notice about any relevant medical condition and this subsequently prevents the treatment from taking place on the date of Your pre booked appointment then You will be liable to pay for the treatment in full even though it will not go ahead.
3.11.1 It is Your responsibility to disclose all information relating to your health and medical history. This includes but is not limited to changes in health, medication, pregnancy, breastfeeding, if you are carrying the Hepatitis A, B or C viruses, have had cold sores, HIV, receiving cancer treatments or anything else relating to hospital treatments/procedures, previous spmu/pmu treatment and skin conditions. It is Your responsibility to consult with your Doctor, and their consent may be required if there is any doubt about your suitability for our treatments. Hazel Diamond Ltd. Will not accept responsibility for Your non-disclosure of medical history to Us or its implications. We reserve the right to refuse treatment in the event of risk to Your health, our technicians' health or if You are unable to understand the implications of spmu/pmu treatment.
We are legally required to refuse treatment if You are intoxicated by alcohol or illegal drugs, prescription narcotics or under the age of 18. In the event of You arriving for treatment in these circumstances, We will refuse treatment and Your deposit will be forfeited.
3.11.2 In exceptional circumstances We will allow one adult to accompany You into Our clinic (this does not include clinic staff). This is only permissible if You need assistance or circumstances dictate additional help and it is only allowed if organised in advance of Your appointment. No under 18's, no children or animals are allowed into the clinic space at any time. To maintain a sterile environment for Your treatment We do not allow casual additional visitors into this space. Mobile phones must be turned off in the clinic space.
3.11.3 We strongly recommend that You return for Your follow up treatment within the timescale We advise. In most cases spmu isn't complete with only one session and requires another session for the full results to develop. If You leave the second session too late, the pigment will fade almost 80% which in turn affects the longevity of Your procedure results. In this case, it will take more work to achieve the results and therefore more cost to You.
3.12 From time to time We may offer a promotional deal or discount, which requires a deposit to secure a future booking. You must use the promotional discount within the time frame stipulated in the email, text, verbally or online. All gift vouchers expire after 12 months from the time of purchase or agreement, with no exceptions or refunds.
We may offer a promotional code via Our website, social media platforms or via text and word of mouth. The code is required and subject to expire on the date stipulated or anytime We wish without prior notice.
3.13 We reserve the right to charge a lesser fee or a higher fee for individual customers, depending on personal Treatment circumstances. This is strictly on a case-by-case basis and depending on the type of treatment required at the time of booking. Some of Our Clients will be on a treatment journey unique to others. Unless You are advised otherwise by Us, all standard fees are payable as per these terms and conditions.
3.14 We hold Our clinics in different locations in the UK, EU and across the world. As a result of differing clinic expenses, You accept that We have different price bands for each clinic location. All prices will be strictly quoted per location and/or as agreed individually as per the clause above. You accept that You are responsible for double checking the price list at Your preferred location before booking Your appointment and paying Your deposit.
3.15 Before We can secure your appointment, a 50% deposit is first required from You or alternatively a minimum of a non-refundable £70 deposit is required to secure Your booking. See below Our terms:
3.2 Cancellations: We require a full 7 days prior notice for all cancellations or re-scheduled appointments. Re-appointments are subject to available dates and time slots. We hope You can appreciate as a busy clinic in different locations and travelling from the North of England (Cheshire/Manchester) to London, Surrey, appointments are precious. Therefore, the Client, where appointments are cancelled without appropriate full 7 days prior notice, will incur a 70% charge from Their deposit.
3.2.1 If a customer requests to reschedule Their appointment with appropriate full 7 days' notice; the deposit will be held for Their rescheduled appointment but an extra fee of £50 incurred to rebook if customer reschedules with less than 7 days' notice before the preferred appointment.
3.2.1 Unless a customer cancels Their pre booked appointment in advance or at a minimum of 7 full days' notice (by 7.pm until 23:55 LATEST the night before the 7th day notice) only then will the deposit be returned in full. You may give notice by email, text or leave Us a voicemail, refunds will be processed within 7 working days.
3.2.2 If a customer fails to show up on the day to Their pre-booked appointment, a 100% charge will be incurred from the deposit and no refund given for the expenses of clinic time wasting, Our clinic's admin fees and Our business stock ordered for Your treatment, business fees pre-paid for Your agreed appointment (no exceptions).
You are welcome to rebook with a deposit as per Our terms and conditions.
If You have pre-paid for Your treatment at full price and any of the above terms becomes applicable, the correct fees will be deducted accordingly and refunded within 7 days. For example, for a treatment paid in full at £250, only 50% will be incurred or minimum of £70 depending on the treatment time booked out.
3.3 We strictly do not offer refunds after administration of any of Our procedures or treatments, no matter the reason, as per our treatment terms and conditions on this website and via Your Treatment forms with Your signed consent which states that micropigmentation/PMU/SPMU/Medical tattooing and cosmetic beauty treatments have healing variables, therefore healed colour cannot be guaranteed, and that additional treatments are required before the treatment area is deemed complete. ONE session will not be sufficient.
Polite note: usually additional treatment sessions are required before Your elected treatment area is deemed complete to Our high standards. Failure to follow Your technician's expert aftercare advice can cause incomplete results. You accept responsibility for any unsatisfactory results caused by not following Your technician's advice. By payment of deposit to secure Your appointment, per visit for all treatments, You accept and are bound by these terms and conditions.
4. Payment Terms
4.1 As long as a deposit has been paid to Us Your appointment is secured. You can pay the full price from 48hrs before your booking date for the treatment (if required) or alternatively without fail or delay the balance can be paid on the day of your appointment, this would be deemed acceptable.
4.2 We will accept a payment of the price for the services via bank transfer and/or cash and/or debit card and/or via credit card (Visa and Mastercard mainly, with a small surcharge) but We strictly do not accept cheques.
4.3 If payment of a deposit is not made within 7 days of request or in accordance with clause 4.1 then We reserve the right to cancel the booking for Your treatment without penalty and offer Your slot to another customer. No appointment can be secured without a deposit and written confirmation via email from Our admin team to Your personal email address. All appointments are by appointment only.
4.4 Appointments are non-transferrable without prior written consent from Hazel Diamond Ltd. Any change to the client's identity should be arranged more than 48 hours prior to the Treatment appointment. All customers must have a patch test and consultation before Treatment commences.
4.5 If for any reason You gain the benefit of any of Our services without paying the agreed price in accordance with clause 4.1 of these terms, then You agree to pay Us interest on the price from the date of Your Treatment until payment at the rate of 5% above the Bank of England base rate (as varied from time to time) with such interest being compounded on a quarterly basis. By booking Your appointment with Us, You accept these terms and conditions.
4.5.1 This action (clause 4.5) shall be without prejudice to any sums due and without any liability whatsoever to the client or any third party.
4.6 Gift vouchers purchased from Us are fully non-refundable from moment of purchase but are redeemable against any treatment by Hazel Diamond Ltd within 12 months of purchase. Vouchers cannot be exchanged for cash. We will add a small postage fee of £2.95 for non-digital vouchers purchased from Us that require sending. Postage fees are liable to change with inflation and we reserve the right to change this without notice. Digital vouchers will be emailed to the recipient stated by You for free.
4.7 We offer a referral reward to clients, and We reserve the right to change or cancel this offer at any time without notice. Details of this offer are available on Our website. This referral reward is only available per single client for one single session. No cash alternative is available. Offer is available as a reward discount off treatment provided by Us. Please note, it is Your responsibility to remind Us of the friend You referred when You next book in at Our clinics and quote their name and approximate date they booked. We will check the details and apply the reward if applicable. We keep note of all referrals, but We cannot be held liable if You do not raise the referral reward with Us at your appointment.
4.8 Our NHS page refers to our NHS discount. This discount is strictly for staff who have the legal and appropriate ID to prove they work for the NHS or other accepted services as detailed on the NHS page. We have the right to change or cancel at any time without notice Our current offer and all our terms and conditions are applicable. The NHS discount cannot be used in conjunction with any other offer at the same time.
4.9 We have the right to cancel or change any discount offers at any time without notice.
5. Risk
5.1 We agree to provide the services through Our technicians using the standard of care to be reasonably expected of a commercial provider of the Services. We also agree only to use materials and products sourced and REACH compliant to use in the UK or Europe (and whether organic, inorganic, synthetic organic or synthetic inorganic) which, at the time of Your treatment, comply fully with all applicable legal regulations within the United Kingdom and the European Union.
5.2 You accept and agree:
5.2.1 that Our technicians are not qualified to give You any medical advice.
5.2.2 that Our technicians are entitled to rely without further enquiry on the consent to treatment given by You in the consent form.
5.2.3 that as an adult (over 18 years old) the decision to have treatment has been made by You and You alone and that You are aware of the type of treatment You are requesting as well as its implications.
5.2.4 that You will accept the result of Your treatment and/or follow up treatment without any legal recourse to Us on the understanding that You will pre-approve both the shape and colouring of the Micropigmentation/ Semi-permanent/Permanent Make Up/Medical Micropigmentation and other beauty treatments on Our price list e.g., eyebrow/lash tinting etc, at the beginning of Your treatment and prior to performance.
5.2.5 that You will read and follow the recommendations and instructions made within the pre-care information and any emails or messages We may send to You prior to or following Your appointment.
5.2.6 that certain factors beyond Our control (including Your own specific skin characteristics) create risks which You understand and for which You take full and sole responsibility.
5.2.7 that there are everyday risks of post-treatment infection (in and around the area of treatment) which are beyond our control and for which You take full and sole responsibility; especially when You leave our sterile environment.
5.2.8 that You have decided (with appropriate advice from Your General Practitioner to the extent appropriate) that You do not suffer from an unsuitable medical condition; and
5.2.9 that to the extent (notwithstanding the terms of this clause and Your acceptance of the risks) You wish to make a complaint which relates in any way (whether directly or indirectly) to Our provision of the services, then You will make such complaints strictly in compliance with clause 8 of this document.
5.2.10 that in very rare cases, the pigment will not hold at all due to certain skin types. You agree that although We will endeavour to work with best practise, We cannot be held responsible for low or no pigment uptake/absorption.
5.2.11 that some skins may not retain the 'crispness' of the pigmented hairstroke and others (although rare) may not retain the hairstroke at all as it can blur over time. In these circumstances We may decide to administer another technique altogether depending on what We think is best should We find that Your skin type is not responding well. When We offer different techniques We will always will agree with You before work commences or when You return for next application.
5.3 Hazel Diamond Ltd will comply with all relevant health and safety legislation and exercise reasonable care and skill in delivering Services to Clients.
5.4 Further to section 5 you accept:
5.4.1 that even after a patch test is completed, there is still a risk of allergic reaction on subsequent treatments. You will inform us of any history of allergic reactions prior to Your consultation appointment so that We can offer You a patch test for those treatments where it isn't mandatory.
5.4.2 that for some skin types it is normal to have bruising, swelling, flaking, tenderness, dryness and there are low risks of corneal abrasion following Treatment.
5.4.3 that all Micropigmentation/SPMU/PMU treatments carry a risk of infection which could lead to scarring especially if You do not follow the aftercare instructions properly, and that lip procedures may trigger a cold-sore breakout (You must inform Us if you suffer from cold sores prior to Your Treatment, even if intermittently). You must not have a cold sore on the day of your appointment; if you do turn up to your appointment with a cold sore we will have no choice but to cancel Your appointment. See Our terms concerning late cancellations and Pre-Care, FAQ page. If You are a regular sufferer of cold sores, You must start a course of an anti-viral medication like Aciclovir (Zovirax) or similar 14 days BEFORE PMU treatment starts. You should also tell your technician at Your pre-treatment appointment. Failure to do this would highly and likely affect the results of your lip blush procedure, We will take no liability as all contraindications concerning Your health, including cold sores are discussed at Your pre-appointment or asked either by email/text/WhatsApp, telephone or face to face. The full treatment price would still be required or a rescheduled booking fee for another date. Please note, We cannot guarantee that You won't break out with a cold sore even after taking the recommended anti-viral medication.
5.4.4 that there is a risk that the colour of the Micropigmentation, AKA Semi-Permanent Make up, Permanent Make Up or any other beauty treatments including Our other treatments, which includes tinting of any kind, after treatment, will not precisely match Your skin pigmentation or develop to the exact colour chosen by You/Us for Your treatment. There are healing colour variables which Your skin type and tone, medication, lifestyle will also determine the outcome of Your healed results, hence We cannot guarantee an exact result. You accept that this applies to all of Our treatments including pamper parties for children and adults.
5.4.5 that there is a risk of treatment not meeting Your full expectations or developing as desired.
5.4.6 that there is a risk that not all skin types hold crisp hair strokes and We cannot guarantee an exact result for any of our techniques on face or body, as per Our terms and conditions. Results are usually possible for the majority. Extra sessions might be necessary to achieve Your desired look.
Please note: One size does not fit all, each individual will develop the pigment and shape in Their skin uniquely, and each person will hold onto the pigment within their epidermis differently to other skin tones, skin type, health and other factors such as lifestyle. Each person's pigment will change over a shorter or longer period of time and the majority will usually require a retouch as recommended by Your technician at some point and at an additional cost. Your skin will determine the final outcome of the colour and development of the micropigmentation, pmu/spmu procedure. Long term customers may require a colour correction session or in some cases laser removal might be recommended. We are here to help and guide You throughout Your lifetime with Us.
6. Liability
6.1 If You breach any of these terms & conditions (except for clause 8.1.2 which is addressed separately under clause 6.2) then Your maximum liability to Us will be any unpaid balance of the price for Our services (Your treatment) together with any interest that may be due under clauses 4.5, 4.5.1
6.2 If You breach clause 8.1.2 and publish (or cause to be published) any defamatory statements about Us or any of Our technicians or employees to any third parties (whether through the use of social media, word of mouth, broadcasting or otherwise) then We reserve the right to claim damages against You in defamation proceedings before the Court for such sum as We are advised to claim by Our legal advisors.
6.3 Although Hazel Diamond Ltd will exercise reasonable care and take reasonable precaution, the Client agrees to indemnify and hold harmless Hazel Diamond Ltd from and against all claims arising in respect of:
6.3.1 Personal injury (including injury, illness or disease resulting in death) and/or loss of or damage to any property other than to the extent such loss, damage or injury is due to, or directly arises from the negligence of Hazel Diamond Ltd, its employees or contractors acting in the performance of Their duties, or fraudulent misrepresentation by Hazel Diamond Ltd.
6.4 If We breach these terms & conditions then Our maximum liability to You will be the price (or any part of it) paid by You for the services and it shall not extend further to any other consequential losses whatsoever which You have (or claim to have) suffered as a result of Our breach. Whether for breach of this agreement or in part, Hazel Diamond Ltd shall not be liable to the client for any consequential or indirect loss incurred.
6.5 We reserve the right to change or cancel any discounts, prices, pricelists, charity associations, Arbonne association without any notice or liability. The status of any of the above within this clause can be accessed by emailing Hazel Diamond Ltd via info@hazeldiamond.com or by contacting Us via the instructions on Our website contact page.
7. Confidentiality
7.1 We agree to keep Your personal data strictly in accordance with the Provisions of the Data Protection Act 1980, the General Data Protection Regulation 2016/679 and The Data Protection Act 2018.
7.2 Hazel Diamond Ltd is committed to ensuring the security and protection of the personal information that We process and to providing a compliant and consistent approach to data protection.
7.3 Full information regarding how We use your data will be provided alongside these terms and conditions. See our privacy policy
7.4 Personal data is defined by the General Data Protection Regulation (EU Regulation 2016/679) (the "GDPR") as 'any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier'.
7.5 Information collected will be used solely for the purposes of providing background information when contacting You to arrange an appointment, training or to deliver products. We like to maintain a relationship with our clients so We will hold your data for as long as We feel there is a legitimate interest to both parties, You may request that We delete your data at any time, or if you have ceased pmu sessions.
7.5.1 When You visit Us at Our clinics, We ask for Your written and documented consent. We will also take photos of Your full face and area to be treated before start, pre-draw and after We finish. We keep your personal file safely filed at Our head office and photos secure. We do use zoomed in photos or videos of all customers to use on Our social platforms/website at Our sole discretion. We do not require Your written consent for zoomed in photos or videos as this is Our terms. However, We will always ask permission and give You a consent form to permit Us to use Your full profile photo or video, with Your written consent; this helps Our business build trust and hope for other customers who wish to see genuine before and after photos.
7.6 Hazel Diamond Ltd may disclose Your contact information to our business agents and service providers for the purposes above who may be located outside the EU.
7.7 'Sueling Arn or Louis Arn' is Our designated 'Appointed Contact Person', any questions can be directed to info@hazeldiamond.com.
7.8 You agree to keep any dispute or complaints which arise between Us strictly confidential between ourselves and Our respective legal advisors and any mediator appointed under clause 8.4
8. Dispute Resolution
8.1 If You have any cause to complain about Us or any of Our technicians and Your complaint in any way relates to Our provision of the services then You agree in the first instance:
8.1.1 to put your complaint in writing to Hazel Diamond Ltd using the info@hazeldiamond.com email address; Our customer service is paramount to Us and We would wish to settle any disagreements quickly and professionally but We do expect Our clients to be patient, and allow 7-14 days to settle any disputes between ourselves directly and;
8.1.2 Not to publish (or cause the publication of) Your complaint any more widely whether orally to third persons, in writing to third persons or to the world at large through the use of the internet. Or any of Our clinics, social media platforms or other platforms which are both business or personal platforms. We will seek legal action and seek to prosecute anyone who breaches these terms and conditions.
8.2 We will investigate Your complaint and give Our considered response to it within 21 days of Your complaint being received.
8.3 If You accept any outcome offered by Us in Our written response to Your complaint (see clause 3.3 for Our stance on no refunds), then that agreed outcome will be implemented in full, and the final outcome and the terms of the outcome shall remain private and confidential between the parties (or any legal advisors if applicable) and clause 8.1-2 fully applies and will be taken seriously if breached and legal action followed through. By the act of booking your treatment, you accept these complete terms and conditions of service. Should you have any questions concerning the dispute section of our terms and conditions, please email us at info@hazeldiamond.com and we will be happy to explain our policy.
8.4 If You are unhappy with Our response to Your complaint then You must refer Your complaint to the Centre for Effective Dispute Resolution ("CEDR") for the appointment by CEDR of an independent mediator to seek resolution through mediation.
8.5 The cost of a mediation under clause 8.4 shall be borne equally by You and by Us if it's decided to go ahead.
8.6 Only if a formal mediation arranged by CEDR under clause 8.4 fails to resolve Your complaint You can take the opportunity to put Your complaint to a court (and in such a case the English Courts shall have exclusive jurisdiction to determine Your complaint).
8.7 For the avoidance of any doubt, Your obligation at clause 8.1.2 shall be an ongoing obligation until (but not beyond) the delivery of a final judgment in open court on any legal claim which You commence in accordance with the provisions of this clause.
9. Miscellaneous
9.1 These Terms & Conditions shall survive any sale by Us of Our business for the benefit of Our business successor but otherwise they shall not be capable of assignment without the written consent of both parties.
9.2 Wherever within these Terms & Conditions reference is made to "notice" or "notification" then such notice must be given by You in writing to Us using the Info@hazeldiamond.com email address unless stated by Us otherwise and notices to You will be delivered via email to Your last known email address (or alternatively by post to Your last known postal address) likewise unless stated by Us otherwise.
9.3 Our failure to insist in any one or more instances upon the strict performance of any of the provisions (terms and conditions) of this document or to take advantage of any of Our rights hereunder shall not be understood as a waiver to any such terms or the relinquishment of any such rights which shall continue to have full force and effect.
9.4 These Terms & Conditions are and continue to be governed by the laws of England & Wales and, subject strictly to the provisions of clause 8 of these terms in relation to complaints made by you, the English Courts shall have exclusive jurisdiction to determine disputes arising hereunder.
9.5 You cannot hold us liable for any misinformation posted on any of Our website pages or social media accounts, You should bring it to our attention to further investigate and take action if needed. e.g., on Our blogs or any of Our web pages.
9.5.1 Our website's blog page is a place for our customers to read about relevant and helpful information. Sometimes We may share links to external websites or other details. We cannot be held liable for any misinformation posted by others on external websites. Likewise, it should not be assumed that views expressed by others on external websites are representative of Our own views.
9.5.2 All are welcome to follow Us on social media and engage with Us. We ask that You be kind, courteous and respectful with Us and others on Our various social media platforms.
9.5.3 Please note that Our terms and conditions extend to Our social media platforms and all online engagement. With this understanding when You engage with Us or book in for any treatments, these terms and conditions are actively in force and apply. Thank You for Your co-operation and We look forward to working with You.
9.6 Charities We support is solely Hazel Diamond Ltd obligation and not Our customers or anybody else. You are welcome to enquire should You wish to learn more.
9.5 Hazel Diamond operates an Arbonne consultancy in addition to Hazel Diamond Ltd. We are happy to assist You if you wish to purchase items from this botanical brand. All liability and research for products and services from Arbonne lie between You and Arbonne. Hazel Diamond Ltd operates as a referral consultant. Hazel Diamond Ltd accepts no liability for any dispute that may or may not arise as a result of Your purchase from Arbonne. You may find Arbonne's terms and conditions here.
9.6 Hazel Diamond Ltd. Pamper Party service:
9.6.1 We only work with technicians who are qualified beauty therapists, nail-technicians and hairdressers to deliver treatments at pamper parties depending on numbers attending.
9.6.2 We can only book your party based on availability of staff, party size and location.
9.6.3 As staff safety is a priority, We will only accept bookings for which the location is on Google Maps and a genuine booking for between 3 to 15 women. We do not offer Pamper Parties for men although this can be discussed.
We do not treat anyone under the influence of drugs or alcohol.
All details should be emailed and a telephone and Zoom/video consultation held prior to bookings being accepted.
9.6.4 A 70% deposit is required to secure any Pamper Party booking with the balance paid no less than 7 days prior to the booking date.
9.6.5 We cannot be held liable for any skin reactions as a result of using products at your Pamper Party. Patch tests are available however these should be requested no later than 10 days before the booking date. Clause 9.6.4 applies from 7 days prior to the booking date. If the deposit isn't received by this date, the booking can be cancelled and offered to another group on the waiting list.
9.6.6 Children's Pamper Parties terms include clauses 9.6.1 - 9.6.5 with the addition of the following:
- Children should be a minimum of 5 years old up to a maximum of 12 years.
- Teen age Pamper Parties apply for ages 13-17 years old.
- A responsible adult of 20 years of age and above should be present at all times for both child and teen parties.
- We endeavour to source natural, child-friendly products for use. If Your child is likely to have an adverse reaction, please contact Us 10+ days prior to Your booking to arrange a patch test or ask for Our advice.
- We take child safety extremely seriously and if we notice anything illegal, then We are obligated by law to report any concerns to the authorities.
9.7 We operate a business affiliation scheme if You are interested to learn more, please email Us at info@hazeldiamond.com
9.8 Customer Reviews: We sometimes contact our customers who have completed their treatment to request a written review on Trustpilot, Google Review or other review platforms. We ask for honest, kind reviews as this helps Us to build a genuine reputation. Any defamations or false reviews found online or elsewhere, by anyone will be taken seriously and We will enforce clause 6.2.
9.8.1 We do from time-to-time request video reviews from Our clients but without obligation with the exception of Our modelling clients.
9.8.2 You are not required to identify Yourself with Your full name when writing Us a review however, We only ask that You kindly let Us know for Our information, as each review is monitored for fabrications. E.g., if You decide to use another name other than Your real name.
9.9 We will contact you based on Your request via Our contact page. Should We be unable to contact You after three attempts, We will assume that You are no longer interested. If You do wish to contact Us after this, please do not hesitate to get in touch.