Terms & Conditions

1.         TERMS

a)         Please read these terms and conditions (“Terms”) carefully before you use the website operated by Mark Blake Limited (“MBL”) www.markblake.co.uk ("Website") or book a service and/or services with MBL (“MBL Service”). These Terms govern your use of the Website, your relationship with MBL and any MBL Services.

b)         All MBL Services are subject to these Terms. Any conditions submitted, proposed, or stipulated by you in whatever form and at whatever time, whether written or oral, are expressly waived and excluded. 

c)         MBL is a limited company incorporated and registered in England and Wales under company number 10359122 whose registered office is at 74-76 Westgate Street, Gloucester, England, GL1 2NZ, United Kingdom.

d)         Where we refer to "you" or "your" we mean you, the person using the Website or booking an MBL Service(s) via the Website. Where we refer to “us”, “we” or “our” we mean MBL.

e)         Unless the context otherwise requires, words in the singular shall include the plural and the plural shall include the singular.

f)           Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.

g)         Please read these Terms carefully as they affect your rights and liabilities under law. If you do not agree to these Terms, please do not access nor use the Website or book an MBL Service. If you have any queries regarding these Terms, then please contact us via postal mail at our registered office address or by email at info@markblake.co.uk. By using the Website and/or booking an MBL Service you agree to be bound by these Terms.

h)         Please see our Privacy Policy for information about how your personal information may be processed by MBL.

2.         AMENDMENTS 

a)        We reserve the right to:

                                 i.                  update these Terms from time to time and any changes will be notified to you via a suitable announcement on the Website. It is your responsibility to check for such changes. The changes will apply to the use of the Website after we have given such announcement. If you do not wish to accept the new Terms you should not continue to use the Website. If you continue to use the Website after the date on which the updated terms, come into effect, your use of the Website indicates your agreement to be bound by the updated terms; and 

                              ii.                  modify or withdraw, temporarily or permanently, this Website and the material contained within (or any part) without notice to you and you confirm that we shall not be liable to you for any modification to or withdrawal of the Website or its contents.

3.         ACCESS TO AND USE OF THE WEBSITE

(a)      It is your responsibility to ensure your equipment (computer, laptop, netbook, tablet, or other mobile device) meets the necessary specifications to enable you to access and use the Website and is compatible with the Website.

(b)     We may, from time to time, restrict access to certain features, parts or content of the Website, or the entire website, to users who have registered with us. 

(c)      Our online booking system is via a third-party host, Intelligent Salon Software (“Salon IQ”). Salon IQ’s website iswww.saloniq.com. Please ensure you read Salon IQ’s terms and conditions before accessing the online booking system, a copy of which can be found on www.saloniq.com. 

(d)     You must ensure that any registration details you provide are accurate. If you choose, or you are provided with, a log-on ID (such as a username and password or other identifier), you must treat such information as confidential and must not reveal it to anyone else. 

(e)      You warrant that the personal information which you are required to provide when you register for online bookings is true, accurate, current, and complete in all respects and you are not impersonating any other person or entity.

(f)        You are responsible for all activities that occur under your log-on ID and must notify MBL and Salon IQ immediately of any unauthorised use or other security breach of which you become aware. We reserve the right to disable any log-on ID, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms or if any details you provide for the purposes of registering as a user prove to be false.

(g)      You may only use the Website for non-commercial purposes and in accordance with these Terms.

4.         THIRD PARTY LINKS

a)         As a convenience to you, the Website may include links to other websites or material which is beyond our control. MBL are not responsible for such websites or material, nor do we review or endorse them. We will not be liable, whether directly or indirectly, for the privacy practices or content of such websites nor for any damage, loss or offence caused or alleged to be caused in connection with, the use of or reliance on any such advertising, content, products, materials, or services available on such external websites or resources.

5.         BOOKING AND AVAILABILITY

a)         We may display images and descriptions on the Website in respect of MBL Services, these are for illustrative purposes only. Sometimes we will need to make changes to MBL Services to comply with laws and regulations, which may mean the MBL Services vary from the description.

b)         MBL Services may be booked via the booking link on our website and by then following the prompts that appear on-screen. You may check and correct any input errors in your booking of an MBL Service until the point at which you submit your booking on the checkout page (“Booking”).

c)         Your Booking constitutes an offer to buy MBL Service(s). All Bookings are subject to acceptance by MBL. We are not obliged to accept your Booking and may decline to accept any Booking.

d)         After Booking your MBL Service and MBL accepting your Booking, you will receive an email from us acknowledging that we have received your booking (“Booking Confirmation”) detailing the time and date of the MBL Service(s) which you have booked (“Appointment”). If there are any errors in the Booking Confirmation information, please notify us immediately. 

e)         You acknowledge that by submitting the Booking, you enter into an obligation to pay for the MBL Service(s). 

f)           The contract between you and MBL will only be formed when we send you the Booking Confirmation which will be governed by these Terms (“Contract”). After entering into the Contract, MBL will supply you with MBL Service(s) as per your Booking Confirmation.

6.         PRICE AND PAYMENT

a)         The price of MBL Service(s) is as quoted on the Website from time to time. 

b)         MBL reserves the right to amend prices of MBL Services at any time and without notice to you. 

c)         Prices include VAT.

d)         Prices exclude the Operational Fee (defined below), which will be automatically added to the MBL Service(s) price when you are on the booking page of our online booking platform.

e)         The Website contains a large number of MBL Service(s) and it is always possible that, despite our best efforts, some of the MBL Service(s) listed on the Website may be incorrectly priced or not available. We will normally verify prices and availability as part of our Booking Confirmation. If we accept and process your Booking where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the Contract and refund you any sums you have paid.

f)           MBL reserves the right to charge you a mandatory operational fee of £2.50 per MBL Service (Operational Fee”). The Operational Fee will be added to your final bill and charged to you at the point of checkout. 

g)         MBL reserves the right to require a booking deposit of £25 per MBL Service (£50 for Colour appointments) from you at the point of booking an MBL Service (“Deposit”). Your Deposit is used for the purposes of reserving the MBL Service. As per clause 7 of the Terms, MBL operates a strict 48-hour notice period for cancelling your Booking. If you (i) cancel/reschedule/postpone your Booking with 48 hours or less notice from the time of your Appointment and/or (ii) do not show up to your Appointment, the Deposit will not be refunded and will be retained by MBL to cover the losses that MBL might incur as a result of your cancellation/rescheduling/postponement. Should you attend your Appointment, as scheduled, your Deposit will be automatically redeemed against your final bill at the point of checkout. Up until 48 hours prior to the time of your appointment, the Deposit is fully refundable should you wish to cancel the Appointment. Should MBL cancel the Appointment and you do not wish to reschedule the appointment, you are entitled to a refund of the Deposit. 

h)         Payment of the Deposit for MBL Services must be made by credit or debit card on the checkout page via Salon IQ. 

i)            You should be aware that online payment transactions are subject to validation checks by your card issuer. MBL are not responsible if your card issuer declines to authorise payment for any reason.

j)            Your card issuer may charge you an online handling fee or processing fee which MBL have no control over and are not responsible for. 

7.         CANCELLATION

a)         If you need to cancel your Appointment, we require at least 48 hours’ notice in advance of your scheduled Appointment. Any cancellation or rescheduling made with less than 48 hours’ notice, or should you otherwise fail to turn up for your Appointment, will result in your Deposit being retained by MBL in accordance with clause 6. 

8.         SERVICES REFUND AND CORRECTION 

a)         Our aim is to provide an exceptional client experience to all our clients and to ensure we maintain the highest standards possible. If you would like to provide us with feedback or have any questions about your Appointment, please contact the respective salon which you have booked an Appointment with or email jade@markblake.co.uk to make us aware within 7 days of your Appointment.

b)         We will aim to arrange for you to come back to the respective within 7 days for a complimentary adjustment, full review, or assessment of your hair. If after this assessment we agree the standard of the service or outcome is not what is expected of an MBL salon, we will then provide you with a service free of charge to correct this.

9.         PRODUCTS REFUND

a)         If you have changed your mind and wish to return an unused product that you have purchased from one of our salons, we may offer you an exchange or a replacement product within 7 days of the purchase date. This is based upon you returning the product unopened.

b)         Where products are proven to be faulty within 30 days of purchase, we will replace the product or provide you with a refund.

c)         Any refund or product replacement will require proof of purchase.

10.   SKIN TESTS

a)         In respect of MBL Services involving the application of hair colour/dye, we require all new clients to have a skin test conducted at one of our salons at least 48 hours in advance of your Appointment. By asking you consultation questions and conducting a skin test, we can determine whether it is safe to apply hair colour/dye or not.

b)         Following the skin test, you will be asked to sign a disclaimer, a copy of which is available from the reception desk at your respective salon.

c)         If you are an existing client of MBL, provided there are no changes in your answers to the consultation questions or changes to your medical history/medication, your skin test will be valid for 6 months before it must be repeated again. 

d)         You can find more information on skin testing via our Skin Testing Policy. 

11.   INTELLECTUAL PROPERTY RIGHTS

a)         All intellectual property rights in any content of the Website (including text, graphics, software, databases, photographs and other images, videos, sound, trade marks and logos) (“Content”) are owned by MBL, or our respective licensors.

b)         Whilst we take every care to ensure we credit works accurately, please contact info@markblake.co.uk should you have any concerns or queries regarding intellectual property or the use of images on this Website.

c)         The rights in the Website and the Content are protected by international laws dealing with copyright and other intellectual property rights including relevant national law. All such rights are expressly reserved.

d)         Nothing in these Terms gives you any right in respect of any intellectual property owned by MBL or our/their respective licensors.

e)         You acknowledge that you do not acquire any ownership rights by downloading content from the Website. In the event you print off, copy or store pages from the Website (only as permitted by these Terms), you must ensure that any copyright, trade mark or other intellectual property rights notices contained in the original content are reproduced.

f)           MBL and its associated companies are the registered owners of the trade marks “MARK BLAKE” registered in various countries throughout the world, MBL is authorised to use and licence these trade marks.

g)         The trade marks and trade names under which MBL’s business is carried on (the “Trade Name”) are owned by MBL and its associated companies together with all logos, designs, symbols, emblems, insignia, fascia, slogans, copyrights, patents, know-how, information, drawings, plans and other identifying materials (whether or not registered or capable of registration) and all other proprietary rights or all vested contingent and future rights of copyright whatsoever owned or available MBL and its associated companies adopted or designated now or at any time hereafter by MBL and its associated companies whether now known or in the future created to which MBL and its associated companies is now or may at any time after the date of these Terms be entitled by virtue of or pursuant to any of the laws in force in each and every part of the world  for use in connection with the Website and/or MBL Services and ancillary to the ownership of the trade marks and Trade Name and in respect of which MBL is licensed for use in connection with the Website (the “Proprietary Marks”).

12.   WHAT YOU ARE NOT PERMITTED TO DO

a)         Except to the extent expressly set out in these Terms to use the Website, you are not allowed to:

                                                                  i.                  'scrape' content or store content from the Website on a server or other storage device or create an electronic database by downloading and storing parts of the Website. In particular, you must not use any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation any parts of the Website;

                                                                ii.                  remove or change content from the Website or attempt to circumvent security or interfere with the proper working of the Website or servers on which it is hosted; 

                                                             iii.                  create links to the Website from any other website, without our prior written consent, although you may link from a website that is operated by you provided the link is not misleading or deceptive and fairly indicates its destination, you do not imply that we endorse you, your website, or any products or services you offer, you link to (and do not frame or replicate) the home page of the Website, and the linked website does not contain any content that is unlawful, threatening, abusive, defamatory, pornographic, obscene, vulgar, indecent, offensive or which infringes on the intellectual property rights or other rights of any third party; or

                                                             iv.                  systematically extract and/or re-utilise parts of the Website, the trade marks, the Trade Name, the Proprietary Marks or the Content.

b)         You must only use the Website and anything available from the Website for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage MBL’s name or reputation or those of any of our affiliates or related companies or any officers or employees.

c)         All rights granted to you under these Terms will terminate immediately in the event that you are in breach of any of them.

d)         Breaching these provisions could constitute an offence under intellectual property laws, data protection laws, or under the UK Computer Misuse Act 1990. In compliance with any enforceable law or public order, we will report any such breach to the relevant authorities.

13.   CONTENT

a)         We may change the format and content of the Website from time to time. You agree that your use of the Website is on an 'as is' and 'as available' basis and at your risk.

b)         We try to make sure that all information on the Website (other than any user-generated content) is correct, it is not intended to amount to authority or advice on which reliance should be placed. You should check with us or the relevant information source before acting on any such information.

c)         We make or give no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of the Website and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded and we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else using the Website or relying on any of its content.

d)         We cannot and do not guarantee that any content of the Website will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of content.

14.   OUR LIABILITY

a)         Under these Terms liability is between you and MBL and you may not bring a claim any other group company, or any of our or their officers or employees arising out of any breach by us of these Terms or any Contract. Nothing in these Terms shall limit or exclude MBL’s liability to you for:

a.         death or personal injury caused by our negligence;

b.         fraudulent misrepresentation;

c.         breach of any term implied by the UK Consumer Rights Act 2015 (where applicable) which may not be limited or excluded; or

d.         any other liability that, by law, may not be limited or excluded.

b)         Subject to this, in no event shall we be liable to you for any business losses and any liability we do have for losses you suffer arising from any Contract shall not exceed the purchase price of the relevant MBL Service and is strictly limited to direct losses that were reasonably foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time your booking is accepted.

c)         We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any Contract that is caused by events outside our reasonable control.

d)         An event outside of our reasonable control means any act or event beyond our reasonable control such as act(s) of God, wars, terrorist attacks, embargos, riots, strikes, lock-outs, trade disputes, fires, floods, earthquakes or other natural disasters, inclement weather, interruption of transport, Government action or failure of public or private telecommunications or transport networks.

e)         If such an event takes place and it affects the performance of our obligations to you: (i) we will contact you as soon as reasonably possible to notify you; and (ii) our obligations to you will be suspended for the duration of the event. Where the event affects delivery of MBL Services to you, we will contact you to arrange a new delivery date after the event is over.

15.   GENERAL

a)         You may not transfer or assign any or all of your rights or obligations under these Terms or any Contract. We may transfer our rights and obligations under these Terms or any Contract to a third party.

b)         All notices given by you to us must be given in writing to the address set out at the end of these Terms. We may give notice to you at either the email or postal address you provide to us when placing a booking.

c)         These Terms and any Contract are between you and us. Except for any member of our group, no other person shall have any rights to enforce them.

d)         If you breach these Terms or a Contract and we take no action, or if we delay in taking action, that does not mean that we have waived our rights, and we will still be entitled to exercise and enforce our rights and remedies. If we do waive a breach by you, we will only do so in writing (signed by a director of MBL), which does not mean that we automatically waive any other or subsequent breach by you.

e)         Each of the sections and paragraphs of these Terms operates separately. If any provision of these Terms is found to be unlawful or unenforceable, all other provisions shall remain in full force and effect.

f)           These Terms may not be varied except with our express written consent.

g)         These Terms and any document expressly referred to in them represent the entire agreement between you and MBL in relation to the subject matter of any Contract.

h)         We are required by law to advise you that a Contract may be concluded in the English language only and that no public filing requirements apply.

i)            These Terms shall be governed by English law, and all disputes or claims arising out of or in connection with these Terms or its subject matter or formation (including non-contractual disputes or claims) will be governed by English law.

j)            Any dispute (including non-contractual disputes or claims) concerning these Terms shall, subject as provided below, be submitted to the exclusive jurisdiction of the English courts. Nothing in these Terms shall limit the MBL’s right to bring proceedings against you in any court worldwide for injunctive relief and/or other remedies to the extent permitted by the law of such other jurisdiction.