Terms for customers

Draft for legal review. Not yet checked by a solicitor. Text in [square brackets] needs filling in before launch. Points marked For review need a solicitor's view.

These terms apply when you use FeelPretty to find and book a beauty pro, on the web or in the app. Please read them before you book. Beauty pros agree to their own terms for beauty pros.

1. Who we are

FeelPretty is run by [COMPANY NAME LTD] ("FeelPretty", "we", "us"), a company registered in England and Wales (company number [NUMBER]), registered office [REGISTERED ADDRESS]. [VAT number: NUMBER, if registered.] You can reach us at [email protected].

2. What FeelPretty does, and what it does not

FeelPretty is an online marketplace. We show you looks and beauty pros, let you book them, and take payments for them.

The treatment is provided by the beauty pro, not by FeelPretty. When you book, you make a contract with the beauty pro for the treatment. We are not a party to that contract. The beauty pro is responsible for the treatment: doing it with reasonable care and skill, as described, safely and in line with the law. Every beauty pro on FeelPretty is a business ("trader"), so your consumer rights for the treatment are against them.

We take payments on the beauty pro's behalf. When you pay through FeelPretty, we accept that money as the beauty pro's agent, and paying us counts as paying them. If something then goes wrong between us and the beauty pro, they cannot ask you to pay again.

We check every beauty pro by hand before their page goes live, and our payment processor checks who they are. We do not check qualifications, insurance or licences, inspect premises, or supervise treatments, and a page on FeelPretty is not a recommendation or a guarantee of anyone's work. Beauty pros promise us that they hold what their treatments need (see our terms for beauty pros), and we act on reports that they do not.

3. Your account

• You must be 18 or over to have an account and to book. [For review: whether to allow 16 to 17 year olds for some treatments with a parent's consent.]
• Give us true details and keep them up to date. One account per person.
• Keep your sign-in details to yourself. You are responsible for what happens on your account unless it was not your fault (for example, if someone got into it despite your care). Tell us straight away if you think someone else has used it.
• Some treatments have legal age limits (for example, nobody under 18 may use a sunbed). A beauty pro must refuse a treatment the law does not allow for you, and may ask for proof of age.

4. Booking and paying

Before you pay, you see the price, the deposit, what is left to pay the beauty pro, and their cancellation rules. There is no booking fee. FeelPretty charges you nothing for using it.

• You pay the deposit the beauty pro sets, and nothing more. If there is no deposit, you pay nothing to book.
• The rest of the price is paid to the beauty pro, in a way they accept. If you pay them directly (cash, their own card reader, bank transfer), we do not handle that payment and cannot refund it.
• Some beauty pros let you pay the rest in the app. If so, you can pay from your booking at any time until 7 days after the appointment, and the beauty pro can send you a request. They may ask for a different amount from the one shown when you booked (for an add-on, say), with a note saying why. You always see the amount and confirm it before anything is taken.
• Prices are set by the beauty pro and include any VAT they charge. [For review: wording for VAT-registered and non-registered beauty pros.]
• Card payments are handled by our payment processor. Your card details never reach us.

A booking is made when we confirm it to you, by email and in your bookings. Until then, a time is not held for you, except for the few minutes we hold it while you pay.

Requests. Some beauty pros confirm bookings personally. If so, we place a hold on your card for the deposit instead of taking it. The money is only taken if the beauty pro accepts. If they decline, or do not answer within 24 hours (or half the time left before the appointment, if sooner), the hold is released and you pay nothing.

Courses. Some treatments are sold as a course (for example a patch test, then the full set). You pay one deposit when you book the first step. It comes off the steps that cost money, in order.

Repeat bookings. If you choose to repeat a booking, you agree to the words shown to you at the time, which we keep. In short: we hold the same time for your next visit, we tell you the day before, and three days before each visit we take the deposit from the card you paid with (if there is one). You can skip a visit, move it, or stop repeating at any time before then, from your booking. If your bank asks you to approve a payment, you have 24 hours to do so before the time is released.

Mistakes. If a price is shown wrongly because of an obvious error, the beauty pro does not have to honour it. We will tell you, and you can book at the right price or cancel for a full refund.

5. Cancelling and changing

Each beauty pro sets their own cancellation window and what happens to a late cancellation. You see these before you pay, and the rules shown when you booked are the ones that apply, even if the beauty pro changes them later.

A deposit kept after a late cancellation or a missed appointment is not a penalty: it covers the time the beauty pro set aside for you and could not fill.

If you paid the rest in the app and the appointment does not go ahead (either of you cancels, or it is marked as missed), that payment is refunded in full. The table above applies only to the deposit.

Refunds go back to the card you paid with, usually within 5 to 10 working days of us sending them.

For review: the 14-day cancellation right under the Consumer Contracts Regulations 2013 for services booked at a distance, whether any exception applies to treatments booked for a set date, and how it sits with the beauty pro's cancellation policy for appointments within 14 days of booking.

6. Your appointment

• Turn up on time. A beauty pro may shorten or decline a treatment if you are very late; that counts as you not turning up.
• Tell your beauty pro about allergies, medical conditions, pregnancy and medication that could matter, and follow their aftercare advice. Some treatments need a patch test first.
• A beauty pro may refuse a treatment they reasonably believe is unsafe for you. Your deposit is then refunded, unless the reason is something you should have told them and did not, or you did not have a patch test you were asked to have.
• The beauty pro's exact address is shown to you from 24 hours before your appointment until 24 hours after. Use it only to get to your appointment, and do not share it.
• Treat beauty pros, their homes and their premises with respect. Beauty pros may end an appointment if you are abusive or threatening, and we may close your account.

7. Reviews, photos and messages

Reviews. Only someone with a completed appointment can review it, once. Reviews must be your honest experience. Do not review your own business or a competitor's, offer or accept anything for a review, or write one for someone else. We do not remove reviews because they are negative. We may remove reviews, or hold them back, if they are fake, abusive, discriminatory, include personal information, are not about the appointment, or break the law, and we keep a record of why.

By posting a review you let us show it on FeelPretty and in our marketing, with your first name, for as long as FeelPretty runs. You still own it, and you can ask us to remove it.

Photos of you. If a beauty pro wants to photograph your look and post it, they must ask you first. If a photo of you appears on FeelPretty without your agreement, tell us and we will take it down.

Messages are for arranging your booking. Do not send anything abusive, threatening, discriminatory, sexual or unlawful, card details, or links to pay off FeelPretty. We do not routinely read messages, but we may look at them when one is reported to us, or to investigate fraud or a safety concern.

8. Using FeelPretty properly

You must not:

• make bookings you do not mean to keep, or book for someone else without telling the beauty pro;
• harass, threaten or discriminate against anyone;
• copy, scrape or harvest content or details from FeelPretty, or use bots to book;
• try to get into accounts or parts of FeelPretty you are not allowed into, or interfere with how it works;
• use FeelPretty for anything unlawful or fraudulent.

Chargebacks. If you think a charge is wrong, please contact us first: we can usually put it right faster than your bank. Raising a chargeback for a booking you had, or a deposit you agreed could be kept, may lead us to close your account.

9. Closing your account

You can delete your account at any time from your account page, once you have no upcoming appointments.

We may suspend or close your account, or cancel a booking, if you seriously or repeatedly break these terms, if we reasonably suspect fraud or a risk to someone's safety, or if the law requires it. We will tell you why unless the law or someone's safety stops us. If we cancel a booking for a reason that is not your fault, your deposit is refunded.

10. Our responsibility to you

We will run FeelPretty with reasonable care and skill, and take and pass on your payments properly. We cannot promise FeelPretty will always be available or free of faults, and we may change or withdraw features, but we will not take away anything you have already paid for.

We are responsible for loss we cause that was foreseeable when you agreed to these terms. We are not responsible for:

• the treatment itself, or anything the beauty pro does or does not do: that is the beauty pro's responsibility under your contract with them;
• business losses: FeelPretty is for personal use;
• loss caused by things beyond our reasonable control (for example a failure of the internet, a payment network or a supplier, or an event such as a flood or pandemic), though we will do what we reasonably can to limit the effect.

Unless the law says otherwise, our total liability to you for each booking is limited to the greater of the amount you paid through FeelPretty for that booking and £100.

Nothing in these terms limits your legal rights as a consumer (including under the Consumer Rights Act 2015), or our liability for death or personal injury caused by our negligence, for fraud, or for anything else the law does not allow us to limit.

11. If something goes wrong

1. Tell the beauty pro first, through your booking's messages. Most things are sorted there.
2. If that does not work, email [email protected] within 14 days of the appointment, with your booking and what happened. We aim to reply within 5 working days.
3. We will look at what happened and, where it is fair, arrange a refund of what you paid through FeelPretty. We cannot refund money you paid the beauty pro directly; that is between you and them.

If you are still unhappy, you can go to court (see section 12). [For review: whether to name an alternative dispute resolution scheme.]

12. General

• Changes to these terms. We may change these terms, for example for a change in the law or in how FeelPretty works. We will tell you about important changes before they apply. Bookings already made keep the terms that applied when you made them. If you do not agree to a change, you can stop using FeelPretty and delete your account.
• Transfer. We may transfer our rights and duties under these terms to another business, for example if FeelPretty is sold, and will tell you. Your rights will not be reduced. You may not transfer yours.
• Our name and content. The FeelPretty name, logo, design and software belong to us. Photos and reviews belong to the people who made them. You may use FeelPretty for your own bookings, not copy or reuse it.
• Each part stands alone. If a court decides part of these terms cannot be enforced, the rest still applies.
• Third parties. Only you, us and the beauty pro you book can enforce these terms. A beauty pro can rely on the parts about bookings, payments and cancellations with them.
• Law and courts. These terms are governed by the law of England and Wales, and you can bring a claim in the courts of England and Wales. If you live in Scotland or Northern Ireland, you can also bring a claim in your local courts, and you keep the protections of your local law.