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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I booked an appointment with vgmedispa for enhancement

Customer Question

I booked an appointment with vgmedispa for facial enhancement for the 7th of August. I paid £300.00 deposit for this appointment. I then received a call saying that the nurse that would do the appointment had to move the appointment to the 15th of August. That is not an acceptable time as I will be out of the country. I called to cancel. They informed me that my deposit was non-refundable. Could this be true? I received no paperwork saying that if the practitioner moved the date that I could not cancel. I am very upset as I cannot lose 300.oo but it is a moot point for me to have the service done AFTER my vacation. How do I get my money back?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts :

Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

If they changed the date and it does not suit you then of course you are entitled to a refund.

Alex Watts :

This is because when the date was set this was contracted for 7th August and it became a term of the contract.

Alex Watts :

If they changed it, then you are entitled to accept the new date or seek a refund

Alex Watts :

You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this recorded delivery and keep a copy.

Alex Watts :

If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.

Alex Watts :

If you paid by credit card then you should also inform your credit card company as they are jointly liable under Section 75 of the Consumer Credit Act. But this only applies to credit cards

Alex Watts :

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

Alex Watts :

If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-891wnqyp- :

Because at the time of the booking, the girl stated she would give me a discount. Now they are saying that the discount means I can not receive a refund. Set
out
below
is
the
terms
&
conditions
on
which
VGmedispa
provides
client
service
Appointments
&
cancellations:
All
practitioners
at
VGmedispa
are
trained
and
registered
NMC
Nurses,
GMC
Doctors
and
NVQ
Laser
&
Beauty
Therapists
and
approved
in
accordance
with
the
company’s
treatment
protocols.
VGmedispa
does
not
guarantee
continued
treatment
with
a
named
nurse
or
therapist.
If
you
are
unable
to
attend
your
appointment,
we
require
48
hours’
notice.
Failure
to
give
the
required
notice
will
result
in
you
losing
your
booking/consultation
fee.
If
you
wish
to
rebook,
you
will
be
charged
a
re-­‐booking
fee
of
£50.00.
Clients
who
have
purchased
a
course
of
treatment
but
fail
to
attend
their
appointment/s
will
not
be
entitled
to
a
refund
for
their
missed
treatment.
Please
arrive
for
your
appointment
at
least
5-­‐10
minutes
in
advance
so
consultation
paperwork
can
be
completed.
The
details
of
which
are
for
our
use
only
and
kept
confidential.
Late
arrival
may
result
in
reduced
treatment
time
or
forfeiting
of
the
appointment.
VGmedispa
will
always
endeavor
to
ensure
that
your
appointment
runs
to
time
and
will
endeavor
to
keep
you
informed
of
any
delays.
Should
we
need
to
cancel
or
postpone
your
appointment
at
short
notice,
we
will
make
every
effort
to
contact
you
in
advance.
Prior
to
your
appointment
we
will
inform
you
of
any
preparation
required
in
advance
of
your
treatment.
Failure
to
follow
the
guidelines
may
result
in
cancellation
of
your
appointment,
reduced
treatment
time,
or
additional
fees
being
charged.
Refunds.
Full
priced
treatments
are
non-­‐refundable
after
7days.
We
do
not
offer
refunds
in
any
of
the
following
circumstances:
-­‐
Treatment
is
non-­‐refundable
once
undertaken.
However,
we
will
always
endeavor
to
review
any
treatment
that
has
been
undertaken
should
there
be
any
queries/concerns.
-­‐
Voucher
campaign
or
discounted
treatments
are
non-­‐refundable.
-­‐
Skin
care
cosmetic
items
are
non-­‐refundable.
-­‐
Treatment
is
non-­‐refundable
should
you
become
medically
unsuitable
during
treatment
or
after
the
first
consultation
has
taken
place,
a
credit
or
alternative
treatment
will
be
offered
(where
possible)
to
be
used
within
12
months.
We
may
ask
for
written
evidence
in
most
cases.
Vouchers:
If
you
are
booking
through
one
of
our
promotional
offers,
please
be
ready
to
give
us
the
security
code
over
the
phone
when
you’re
booking
your
appointment,
and
also
please
ensure
you
bring
a
copy
of
your
voucher
into
the
clinic
(where
applicable).
Please
note
our
voucher
deals
are,
ONE
VOUCHER
PER
CLIENT
PER
TREATMENT
ONLY.
2
Credit
card
details,
deposits
and
payments:
When
you
book
yourself
in
for
a
treatment
we
will
charge
you
a
consultation
fee
of
£99,
which
secures
your
appointment.
You
have
7
working
days
to
cancel
the
treatment,
beginning
the
day
after
you
made
a
booking.
If
your
treatment
starts
within
the
cancellation
period,
then
your
right
to
cancel
ends
the
day
your
treatment
was
due
to
commence.
Please
be
aware
that
the
booking
fees
are
non-­‐refundable
unless
you
cancel
48
hours
before
your
appointment
time.
Laser
hair
packages.
We
are
able
to
offer
great
value
and
speedy
laser
treatments
using
industry
leaders
Alma
lasers.
Our
treatment
times
are
extremely
fast
and
efficient
due
to
the
advances
in
our
laser
technology
with
treatment
times
taking
less
than
10
minutes
and
full
body
treatments
less
than
60
minutes.
On
average
we
treat
most
clients
in
less
than
30
minutes.
Due
to
the
overwhelming
popularity
of
our
discounted
laser
hair
packages,
it
is
imperative
that
all
sessions
are
attended.
By
purchasing
a
course
of
treatments
you
are
entering
into
a
contract
with
VGmedispa.
If
you
fail
to
attend
and
have
not
given
us
48
hours
notice
then
you
forfeit
the
complete
course
of
treatments.
If
you
are
late
for
your
appointment
the
treatment
session
will
be
forfeited
and
no
refund
or
alternative
appointment
will
be
offered.
If
for
any
reason
an
appointment
is
postponed/cancelled
by
us,
we
will
always
offer
an
alternative
date.
We
are
unable
to
offer
any
refunds
on
this
basis.
All
treatments
purchased
as
a
course,
must
be
paid
for
in
full
in
advance
of
the
first
treatment.
All
treatments
must
be
taken
within
12
months
of
the
date
of
purchase;
any
treatments
left
untaken
after
12
months
will
be
forfeited.
Treatment
suitability:
We
will
always
assess
whether
treatment
is
suitable
for
you,
or
likely
to
be
successful,
prior
to
any
treatment
being
carried
out.
We
are
unable
to
guarantee
results.
You
will
only
be
liable
for
the
cost
of
the
initial
consultation,
where
applicable.

JACUSTOMER-891wnqyp- :

They are ada,me

JACUSTOMER-891wnqyp- :

They are ada,

Alex Watts :

They are in breach of Section 13 of the Sale and Supply of Goods and Services Act 1982

Alex Watts :

You can claim a refund

Alex Watts :

Does that help?

JACUSTOMER-891wnqyp- :

they are adamant that I will NOT be given a refund and will lose my deposit. By the way, I found the terms and conditions online and was NOT given this prior to booking.

Alex Watts :

Any additional terms AFTER booking are not binding

Alex Watts :

You should take the steps that I have outlined above

Alex Watts :

Issue proceedings if they refuse to refund you after 14 days

Alex Watts :

Can I clarify anything else?

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.

Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

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