Course Terms and Conditions
It is important that you read these Terms and Conditions before making any booking with us. Once a booking has been made and accepted by us, you will enter into a legally binding contract with us on the terms below.
1 The meaning of some words used in these terms and conditions
|‘we’, ‘us’ or ‘our’||is a reference to Totally Beauty Limited of Aldercarr Hall, Attleborough Road, Great Ellingham, Norfolk, NR17 1LQ (company registration number: 07758883) trading as “Next Step Beauty”|
|‘you’ or ‘your’||is a reference to the person to whom we are providing our Services and who is required to pay for the Services we provide;|
|‘Course’ and ‘Courses’||Means the course or courses provided by us to you as part of the Services|
|‘Parties’||is a reference to both us and you;|
|‘Services’||means the beauty course/s and any ancillary course materials that we provide to you pursuant to your booking, further details of which appear on our website and on your booking confirmation form.|
2 Entering into a legally binding contract
2.1 When you place your order for one or more of our Services it is an offer by you to enter into a legal contract with us.
2.2 You and we will only enter into a binding contract when you receive notification from us that we accepted your order. Once we accept your order, a binding contract between you and us will come into being subject to these Terms and Conditions.
2.3 You should keep a copy of these terms and conditions for your records. If you have any questions concerning them, please ask us.
3 Right to cancel
3.1 The Consumer Protection (Distance Selling) Regulations 2000 permits consumers to cancel a contract after it is has been entered into subject to certain limitations and requirements. You will have the right to cancel the contract within 7 working days as long as you do not (a) access any of the online material and entered our secure online student portal or (b) attend a Course practical training days, at which point you will no longer be able to cancel the contract.
3.2 If you have the right to cancel then:
3.2.1 you will need to send a notice in writing to us stating that you wish to cancel the contract between us and you; and
3.2.2 you will need to send us the notice of cancellation within 7 working days, with the 7-day period starting with the day after you receive our confirmation that there is a binding contract between you and us;
3.2.3 you can send us the notice of cancellation by e-mail to email@example.com or by post to Totally Beauty Ltd, Aldercarr Hall, Attleborough Road, Great Ellingham, Norfolk, NR171LQ marked for the attention of Refunds Team;
3.2.4 after we receive your notice of cancellation we will refund any money you have paid to us within 30 days.
4 Providing the Services
4.1 Once we and you have entered into a legally binding contract we will provide you with the appropriate course manuals and video tutorials (where applicable) via our website and the practical training sessions on the dates and times stated on our booking confirmation form. Occasionally the practical training sessions will be provided at some other date or time or be dependent on a number of factors, please see below.
4.2 Our aim is to always provide you with the Services:
4.2.1 using reasonable care and skill;
4.2.2 in compliance with commonly accepted practices and standards in the beauty industry; and
4.2.3 in compliance with the laws and regulations of England and Wales in force at the time we are carry out the Services.
5 The Course
5.1 Courses include practical training sessions which will take place on the date and time and at the venue as specified in your booking confirmation form. Sometimes, we may need to change the date and/or venue and if this occurs you will be notified as soon as possible.
5.2 We cannot guarantee your place on a Course until you have paid all fees due to us pursuant to the payment terms that apply to you. Unless otherwise specified, fees are non-refundable and non-transferable.
6 Practical Training and Review Day Attendance
6.1 You are required to be at the location of the practical training 15 minutes prior to the stated commencement time in your booking confirmation form. If you fail to attend the practical training, you may lose the fees that you have already paid to us. If you are using our EziPay plan, any outstanding fees will continue to be payable. Our accreditations require us to confirm that you have attended the practical training and completed the Course.
6.2 In extreme circumstances, such as severe illness or other emergency that prevents you from attendance, we may be able to reschedule your practical training. In those circumstances, a £45 + VAT administration fee will be charged.
6.3 You are required to attend the practical training at the times stated in your booking confirmation form. Failure to attend for any of the periods stated in the booking confirmation form may result in us being unable to provide you with your certificate.
6.4 Where a review day is required as part of your course, you must attend the dates stated on the confirmation and be present at least 15 minutes prior to the times stated. Failure to attend the review date may result in you loosing the fees paid to us and not gaining certification. We maybe able to change the date of your review under our discretion. In this event an administration fee of £75 + VAT will be charged for changes within 7 days of the scheduled date, outside of this a charge of £45 + VAT will be charged. We are unable to guarantee that any review date, other then the original, will run as scheduled.
7 Your Conduct and Obligations Before, During, and After the Course
Before the practical training
7.1 For Courses that require home study, you must ensure that you carry out the studies as stated in the relevant course manuals. Failure to do so may lead to you failing the course and not being provided with a certificate.
During the practical training
7.2 During the Course you must, at all times:
(a) act and behave appropriately. Abuse or antisocial behaviour towards either our trainers or other students will not be tolerated.
(b) dress appropriately in smart, comfortable clothing. Tunics may be worn or alternatively black trousers and a black t-shirt may be worn. If you have any queries, please contact us.
(c) ensure that your hair is tied away from your face.
Failure to comply with these terms may lead to your expulsion from the Course. In such cases, any fees you have paid to us will be lost and any outstanding fees will continue to be payable. We reserve the right to make further regulations as and when necessary for the health and safety of our staff and other students.
7.3 You will need to work on other students and you understand and confirm that other students will need to work on you. If you cannot be worked on by other students, you must provide a model at your own expense and subject to our prior agreement.
7.4 For health and safety reasons, children are not permitted at the practical training venues.
7.5 Mobile phones must remain switched off throughout.
7.6 We operate a non-smoking policy and smoking is not permitted in any training rooms. You may smoke only in the areas (if any) designated at the practical training venue.
7.7 If you are attending practical training nail/pedicure sessions, nail enhancements must not be worn.
7.8 If you are attending a practical training session in waxing, you are required to grow body hair and be worked on by other students.
7.9 If you are attending a practical training session in eyelash extensions, previous eyelash extensions must be removed.
After the practical training
7.9 Where a review day is required, you must ensure that you attend the review day on the date and time given to you on your booking confirmation form, or as subsequently notified to you. Failure to attend the review day may result in us being unable to provide you with your certificate.
7.10 If you are unable to attend the review day, we may be able to reschedule the review day. In those circumstances, a £45 + VAT administration fee will be charged.
8.1 Subject always to the Course fees due being paid in full, Course certificates will be sent to you within 8 weeks of completion of the Course or the review day, whichever is the latter. We cannot be responsible for any mistakes made on the certificate which are a result of incorrect details being provided by you at the student portal on our website. You are encouraged to double-check these details following your booking.
8.2 The price of the Course includes standard UK delivery of course certificates. For addresses outside the UK, a separate charge may be levied. Certificates will also be made available for download from the student portal at or before the time they are sent by post.
8.3 If you require a certificate to be amended due to incorrect information being provided by you, an administration charge of £25 + VAT will be payable.
8.4 If you require a certificate to be reproduced, an administration charge of £25 + VAT will be payable.
9 Practical Training Rescheduling
9.1 In extreme circumstances, we may need to change a practical training date, venue, or materials. We will use our reasonable endeavours to give you as much notice as possible but this may not be possible if there are circumstances beyond our reasonable control.
9.2 In the event that a practical training session is re-scheduled, we will endeavour to provide you with a suitable alternative rescheduled date or venue which you must attend. If you are not able to attend a rescheduled date, then you will be given a credit equal to the sums you have already paid which you will be able to redeem against any future practical training dates you may decide to book.
10 Intellectual Property
All design, text, graphics, images, content and other intellectual property contained in any of the Course materials,videos and manuals are, unless otherwise stated, the intellectual property of Totally Beauty Limited. The use of any of them other than for personal study for the particular Course/Courses which you have booked is not permitted. Any reproduction, modification, or other unlawful use of our intellectual property is strictly prohibited and may result in legal action being taken against you.
11 Price and payment
11.1 Our Course fees appear on our website and are confirmed in your booking confirmation form.
11.2 In the event that we have made a mistake in the Course fees quoted to you (for example, due to a technical error), we will inform you of the error as soon as reasonably possible. In such circumstances you may either (a) pay the balance to us or (b) choose to cancel the Course, in which case this contract will come to an end and all fees will be refunded to you.
11.3 Unless Ezi-Pay is available for your Course and we have accepted your Ezi-Pay application (in which circumstances, please see below), all fees must be paid in full in advance of the Course. Unless otherwise specified, these fees are non-transferable and non-refundable.
11.4 You may not refuse to pay any amount owing to us where there is only a minor or inconsequential defect or error in the performance of any Services by us. In any event, you will be entitled only to refuse to pay no more than a proportionate amount of any sums due.
12.1 Where we have accepted an Ezi-Pay application by you, 50% of the Course fee must be paid on the date of your booking, with the remaining payments being taken automatically from the debit or credit card given by you with your booking on the dates agreed between us in your booking.
12.2 If we are unable to take payment on any of the dates specified, an administration fee of £45 + VAT will be payable. We will inform you that payment has been declined as soon as possible. We may also charge you interest at 3% above the base rate of Barclays Bank Plc from time to time on any outstanding amounts, if these amounts remain unpaid for more than 7 days from the date on which they were due.
12.3 If any payments remain unpaid for more than 7 days from the date on which they were due, the entire sum due under the Ezi-Pay scheme will become payable immediately.
12.4 Course certificates will not be produced or sent whilst any fees are due and outstanding.
13 Exclusion and limitation of liability
This clause limits our liability to you and we suggest that you read through its provisions very carefully.
13.1 We do not exclude or limit liability for our negligence or negligent omission which causes you personal injury or death.
13.2 We shall only be liable for any loss or damage suffered by you which is a reasonably foreseeable consequence of a breach by us of this contract. In the event that any loss or damage suffered by you relates to your business activities then we exclude all liability for any business loss and in particular we exclude all liability for loss of profits or other economic loss arising out of a breach of this contract.
13.3 We cannot accept responsibility for any valuables or possessions which go missing or are damaged at the training venues.
14 Your personal information
14.1 We will keep all student/customer personal information private and confidential. Please note that we may share your information with our selected partners for products and services we believe may be of interest to you. If you do not want your information to be shared in this way, please let us know either by email or by post.
15 Communicating with us
15.1 You can always telephone – our contact numbers appear on our website.
15.2 However, for important matters we suggest that you send any communications by email to firstname.lastname@example.org using the email address which is logged on your student portal.
16 Amendments to the contract terms and conditions
We will have the right to amend the terms and conditions of this contract where:
16.1 we need to do so in order to comply with changes in the law or for regulatory reasons; or
16.2 we need to correct any errors or omissions (and this right includes the right to change any of the documentation which forms part of the contract), as long such correction is minor and does not materially affect the contract. Where we are making any amendment we will give you as much notice as is possible.
17 Contracts (Rights of Third Parties) Act 1999
For the purposes of the Contracts (Rights of Third Parties) Act 1999 this contract is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.
18 Law and jurisdiction
This contract shall be governed and construed by the law of England and you and we agree to submit to the jurisdiction of the courts of England and Wales.
If there are any questions or queries regarding these Terms and Conditions, please contact us prior to enrolling on a course.
Kits and Products Purchase Terms
Making A Purchase
Next Step Beauty is a TRADE supplier only.
The prices published are for nail technicians and beauty therapists (either trained or undertaking training) and salon owners. If proof of professional status cannot be provided then limited lines may be available to non-trade persons at Recommended Retail Price and your invoice will be amended accordingly. If you are in any doubt please contact us. Goods are sold on the understanding that they will only be used for their intended purpose by fully trained therapists/technicians, or students taught under qualified instruction. Please note. Next Step Beauty will not accept responsibility for damage or injury resulting from accidental misuse by untrained personnel. Next Step Beauty goods are not sold on a sale or return basis.
If it is a NEW CUSTOMER making payment by card, we will:
– Carry out appropriate SECURITY CHECKS to confirm the transaction is with the genuine cardholder
– Deliver to the cardholder statement address only
– Instruct the carriage company to obtain cardholder signature on delivery.
It is the CUSTOMER RESPONSIBILITY to CHECK THE ORDER UPON DELIVERY for accuracy, quality and damages and to notify Next Step Beauty WITHIN 3 WORKING DAYS if there is ANY DISCREPANCY.
If the Customer breaches any of the Terms and Conditions of Sale, Next Step Beauty may defer or cancel any further deliveries of Goods, stop any Goods in transit and treat the Order as terminated.
This does not affect your statutory rights.
Shipping And Handling
In the normal course of events, orders will be:
– Delivered CARRIAGE FREE (in Mainland UK) if £100 (Net) and over in value. The exception, where a £100 (Net) and over order is excessive weight, the carriage charge will be agreed.
– All other Orders will be subject to a £5.00 + VAT CARRIAGE CHARGE. Outside Mainland UK or for London Congestion other charges may apply.
Carriage charges cover packing and delivery.
In the normal course of events, Next Step Beauty will deliver the Order to the ADDRESS SPECIFIED BY THE CUSTOMER at the time of placing the Order. Please Note if the delivery address is changed after despatch an additional carriage charge will apply.
Delivery Schedule In the normal course of events, orders will be:
– DESPATCHED WITHIN 5 WORKINGDAYS if placed by us onto our ordering system before 2.00pm.
Specific time for delivery will not form part of the Order. Although Next Step Beauty will endeavour to deliver goods by a date agreed with the Customer, such a date is given in good faith and the company will not be liable for any failure to deliver by such a date.
Back Orders In the normal course of events, Next Step Beauty or represented suppliers will indicate on the invoice any items not in stock. These will be delivered to the Customer as soon as available.
You will always be contacted if we anticipate an excessive delay in supplying any item not in stock.
Tax Charges For goods (except books) ordered from the UK or the European Union, 20.00% VAT is added. Orders from other jurisdictions are VAT free and you should click the exempt button to reduce VAT to zero .
Credit Card Security Credit/debit card fraud prevention is an essential part of our service to you. We take our customers’ data security seriously. All transaction information passed between Next Step Beauty and Sage Pay’s systems is encrypted using 128-bit SSL certificates. No cardholder information is ever passed unencrypted and any messages sent to servers from Sage Pay are signed using MD5 hashing to prevent tampering. You can be completely assured that nothing you pass to Sage Pay’s servers can be examined, used or modified by any third parties attempting to gain access to sensitive information.
Guarantee Next Step Beauty will have no liability to the Customer whatsoever in respect of incorrect storage of the Goods or failure to observe the instructions or recommendations regarding the use of the Goods.
Returns Policy UNSATISFACTORY QUALITY / DAMAGED IN TRANSIT
Next Step Beauty will accept the return of Goods if unsatisfactory quality / damaged in transit if
i. Notified to us within 3 WORKING DAYS OF DELIVERY
ii. Returned to us WITHIN 7 WORKING DAYS
iii. We are satisfied that the Goods have not been opened or used any more than necessary to identify the need to return
iv.We are satisfied that the Goods are unsatisfactory quality / damaged in transit.
Next Step Beauty at its discretion will either replace or repair the Goods so that they comply with the contract. If we unable to replace or repair the Goods we will issue a Credit Note.
Unless Goods are returned to Next Step Beauty due to the above, the Customer will not be entitled to return Goods to Next Step Beauty after delivery.
RETURNS (OTHER THAN GOODS OF UNSATISFACTORY QUALITY / DAMAGED IN TRANSIT)
Next Step Beauty will be entitled to refuse to accept the return of Goods at its entire discretion. In the case of chemical products Next Step Beauty will not replace or refund these Goods due to risk of contamination after leaving the premises. Next Step Beauty is unable to refund/exchange or replace electrical bulbs under any circumstances.
If Next Step Beauty does agree to accept the return of Goods then the Customer will pay for the Goods to be returned by appropriate means. If return is accepted the Goods must be
i. Notified to us within 3 WORKING DAYS OF DELIVERY
ii. Returned to us WITHIN 7 WORKING DAYS OF DELIVERY
iii.Be returned unopened, unused and in re-saleable condition.
Under these circumstances, the Customer who returns the goods will normally incur a 15% of the price paid + VAT handling charge.
Remittance Terms Orders will not be processed until payment has been received in full and cleared.
If the Customer fails to make payment, Next Step Beauty may defer or cancel any further deliveries of Goods, stop any Goods in transit and treat the Order as terminated.
If there are any questions or queries regarding these Terms and Conditions, please contact us prior to enrolling on a course, or purchasing goods from us.