Shaka & Partner Terms of Business
1. These terms
1.1 These are the terms and conditions on which we supply products to you, whether these are products, services or digital content.
1.2 Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2.1 The following definitions apply under these terms and conditions:
Web App means www.shakacuts.co.uk or ShakaCuts App (downloadable from apple or google play stores)
Partner Booking means a request to book Services provided by a Partner
Partners means the services as set out in clause 3.5
Services means the services as set out in clause 3.6
Website means www.shakacuts.co.uk
Product means haircut and any variation of a haircut
3. Information about us and our Partners
3.1 We are SHAKA CUTS LIMITED a company registered in England and Wales. Our company registration number is 11873516 and our registered office is at 26 Tugela Street, London, England, SE6 4DG. (“us”, “we”, or “our” for short). Any reference to “you” or “your” means you as the user of our Web App
3.2 You can contact us using the following methods and details:
(a) Email: email@example.com
(b) WhatsApp: 07908748513
(c) Instagram Messenger: https://www.instagram.com/shakacuts/
(d) Facebook Messenger: https://www.facebook.com/shaka-cuts
3.3 If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
3.4 When we use the words "writing" or "written" in these terms, this includes emails.
3.5 Our Web App has a database of third party providers who wish to offer their Services for sale via our Web App (Partners), we provide a centralised booking point for such Services and general information relating to our Partners.
3.6 Our Web App will allow you to book and pay for services (Services) from a variety of providers.
3.7 We do not provide the Partners and are not responsible for the Services provided by them, subject to the terms and conditions. The provision of Services by our Partners, are the responsibility of the Partner that provides them. We do not act as agent on behalf of the Partners and there is no binding contract between us and you for such Services.
4. Booking & Cancellation
4.1 Partner bookings are one-off bookings. Partner Bookings will be paid directly to the Partner.
(a) Pay as you go mobile bookings are one-off bookings which are paid for upon booking the appointment via the Web App or directly to the Partner in their place of work.
4.2 The Web App allows you to select and book with the same Partner again but each booking would be separate.
4.3 The booking process allows you to select dates and services, review and amend a booking before submitting, it is your responsibility to ensure that all details and information are correct before submitting your booking. You will only be able to book one Appointment at a time.
4.4 Acceptance of your booking will take place when it appears on your Appointment screen on our Web App showing the provider, estimated times, date, location and (in relation online payment Bookings only) the payment made (Appointment). Time will not be of the essence under these terms and conditions and all Appointments are subject to Partner working conditions.
4.5 Our Web App is solely for the promotion of the Services in the UK. Unfortunately, we do not provide Services to addresses outside the UK.
4.6 Cancellations possible up to 2 hours before the appointment. A full refund will be given if the appointment is cancelled 48 hours prior to the appointment.
Cancellations made later than 48 hours, will incur the £1 booking fee. Cancellations made later than 2 hours prior to the appointment, £1 booking fee and £2.50 service charge will be applied.
4.7 Shaka will refund the full service cost of an appointment paid online only when the cancellation has been completed 48 hours before the appointment.
5. Our Products
5.1 The images of the Products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a devices display of the colours accurately reflects the colour of the Products. Your Product may vary slightly from those images.
6. Your rights to make changes
6.1 If you wish to make a change to an Appointment, please do so via your profile page on the Web App under bookings section.
6.2 You can reschedule your appointment up to 1 hour before the appointment. If you do wish to change your Appointment any change made will be subject to availability of the Partner. If it is possible we will let you know about any changes to the price or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may cancel the Appointment (see clause 8.1).
7. Our rights to make changes
7.1 We may change the Services:
(a) if our Partners are unavailable or no longer wish to offer the service;
(b) if there has been a delay by an event that is out of our control;
We will use all reasonable efforts to minimise the effect on your Appointments and (in relation to Services provided by the Partner) the Services provided, but may be required to reject pending bookings and re-schedule, vary or cancel Appointments.
7.2 We may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it.
8. Providing the Products and Services
8.1 If paying for an appointment online using through a card payment, Shaka Cuts ltd booking fee is accounted for in the full price.
8.2 We do not control our Partner booking fees. These are subject to changes and updates based on the Partners requirements.
8.3 It is up to the Partner to inform you if they are delayed by an event outside our control. They should seek to contact you as soon as possible to let you know. Provided they do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may cancel the Appointment and receive a refund for any Services you have paid for but not received.
8.4 If you have booked an Appointment with one of our Partners via online payment and you are not present at the address of the Partner at the Appointment date and time you will not be entitled to a refund for the Appointment.
8.5 We will need certain information from you so that we can confirm your bookings and provide the Services to you, for example, personal details, bank account details (in relation to online payment bookings). If so, this will be required as part of the booking process. If you do not give us this information you will be unable to complete your booking and may lose your selected Appointment. You will be responsible for any delay, amendment or variation of the Services provided by the Partner or re-scheduling of an Appointment if this is caused by you giving us incorrect or incomplete information.
8.6 We may have to suspend the supply of the Services:
(a) to deal with technical problems or make minor technical changes;
(b) if our Partners are no longer able to provide the Services in their location;
(c) to update the Services to reflect changes in relevant laws and regulatory requirements;
(d) to make changes (subject to availability) to the Services as requested by you or notified by
us to you (see clause 6).
8.7 If you do not pay for the Services when you are supposed to, and you still do not make payment within 30 days of us reminding you that payment is due, we may reject any pending bookings, cancel all Appointments and/or suspend your membership until you have paid the outstanding amounts to us or our Partner(s).
9. Your rights to cancel the Appointment
9.1 Your rights to cancel an Appointment, depend on the reason for cancellation:
(a) If you want to cancel because of something we have done or have told you we are going to do, see clause 8.3;
(b) In all other cases (if we are not at fault and there is no right to change your mind), see clause 8.6.
9.2 If you are cancelling the Appointment for a reason set out at (a) to (d) below we will endeavour to refund you in full for any Services which have not been provided. The reasons are:
(a) we have told you about an upcoming change to the Services (for example if the Partner has informed us they are no longer able to provide the Services)
(b) we have told you about an error in the price or description of the Services you have ordered and you do not wish to proceed;
(c) there is a risk that Services may be significantly delayed because of events outside our control;
(d) we have suspended supply of the Services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 calendar days
9.3 You have a legal right to change your mind within 14 days. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
9.4 You do not have a right to change your mind in respect of:
(a) services, once these have been completed, even if the cancellation period is still running;
9.5 We will make any refunds due to you within 30 days of your telling us you have changed your mind and us verifying a refund is valid.
10. If there is a problem with the Mobile Barber Products and Services
10.1 If you have any questions or complaints about the Services provided by our Partners, please talk to the Partner during your Appointment, it is your responsibility to ensure you are satisfied with the Services provided before the end of the Appointment.
11. Price and payment
11.1 The price of the Services (which does not include VAT) will be the price indicated on the booking pages on our Web App. We take all reasonable care to ensure that the prices of the Services advised to you are correct.
11.2 We accept payment with MasterCard and Visa. When you must pay depends on whether you intend to pay online or in store:
(a) For Appointments paid through the online payment platform, you must pay for the Appointment at the point of booking. We will immediately charge your credit or debit card upon booking confirmation.
(b) For Services not paid through the online payment platform, you must pay the Partner directly on the day of the Appointment.
11.3 If you think a payment is wrong please contact us promptly to let us know. Once the dispute is resolved we will charge you on correctly charged sums from the original due date.
12. How we may use your personal information
13. Other important terms
13.1 We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these terms and conditions.
13.2 You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
13.3 Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
13.4 These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.
14. Partner Obligations
14.1 In consideration of receiving the Shaka Cuts Services, the Partner agrees to pay all applicable Charges to Shaka Cuts and to accept all Bookings and process and supply the Partner Services to the highest industry standards and in line with any specific terms and conditions set out in this Agreement generally.
14.2 The Partner must accept all Bookings and may only decline to accept the same in exceptional circumstances, otherwise the Partner shall be considered to be in Material Breach of this Agreement and may forfeit any payments due to it in connection with this Agreement.
14.3 In respect of customer Bookings, the Partner is obliged to comply with the cancellation and rescheduling policy set out in clause 6 of the Booking Terms &Conditions. These can be viewed in full at www.shakacuts.co.uk/terms
(a) If a Customer wishes to change the date and/or time of a Booking, provided the Customer requests to reschedule the appointment 1 hour prior to the time of the appointment, either via the Website or App, or by contacting the Partner or Shaka Cuts, the Partner must endeavour to offer the Customer a suitable alternative booking time and/or date. In the event that a Partner is unable or unwilling to fulfil a Shaka Cuts Booking pursuant to a Customer requesting such a change in accordance with this Shaka Cuts Terms & Conditions, the Customer may choose to proceed with the Booking or may cancel in accordance with clause 6, meaning that:
(i) provided it is at least 1, 24 or 48 hours before the appointment is due to take place, Shaka Cuts will treat the Booking as cancelled by the Customer and will refund the Customer the full amount; or
(ii) if it is less than 1 hour before the appointment is due to take place, Shaka Cuts will treat the Booking as cancelled by the Customer and no refund will be due.
There is no requirement on Shaka Cuts or the Partner to endeavour to offer the Customer a suitable alternative booking time and/or date if the request to reschedule is made less than 1 hour prior to the appointment.
14.4 The Partner is responsible for ensuring that all Partner Content (especially details of and prices for the Partner Services) that it publishes or provides to Shaka Cuts to publish on the Page(s) is accurate, correct and not misleading. This includes only displaying prices as at a discount when those Partner Services have genuinely been available at a higher price previously and are only available at the discount price for a short period of time.
14.5 The Partner is solely responsible for ensuring that the information on Shaka Cuts web-app or app regarding time and date availability is kept completely up to date so that potential Customers are able to view the accurate time and date availability at the time of making a Booking.
14.6 The Partner shall not solicit Shaka Cuts Customers to make Bookings otherwise than through the web-app.
14.7 Where a Customer makes a Booking and the Partner encourages that Customer to cancel their Booking and make a separate booking directly with the Partner, the Partner shall be in Material Breach of this Agreement.
14.8 The Partner must ensure that it has obtained the consent of each of its employees and contractors to be advertised on the Web-app to Customers including but not limited to details such as name, expertise, contact details, availability, services offered and photographs.
14.9 The Partner shall use best endeavours to provide top quality Partner Services to all Customers and shall promptly deal with any sales enquiries, matters or issues relating to Bookings or potential Bookings including dealing with Customer complaints.
14.9.1 The Partner shall be directly responsible to the Customer for any failure to fulfil the Customer’s expectations or for any other legal liability which arises in respect of the Partner Services, save where such liability arises as a result of Shak Cut's negligence.
14.9.2 Shaka Cuts shall refer any Customer complaints it receives to the Partner and the Partner shall acknowledge all complaints, and shall respond to the relevant Customer within 96 hours of the Partner’s receipt of a complaint (whether the complaint has come directly from the Customer or via Shaka Cuts).
14.9.3 The Partner shall make all efforts to reach a resolution to any complaints within 30 days and must notify Shaka Cuts of any correspondence between the Partner and the Customer relating to the complaint and generally keep Shaka Cuts apprised of its progress and the status of the complaint.
15. Payment Terms
15.1 Payment processing services for Partners are provided by Stripe and are subject to the Stripe Services Agreement. By agreeing to these Partner Terms of Business and continuing to use the Shaka Cuts Services, Partner agrees to be bound by the Stripe Services Agreement, as may be modified by Stripe from time to time. Under no circumstances can the Stripe Services be used in violation of the Stripe Services Agreement and any failure to do so by a Partner will be a Material Breach of this Agreement.
15.2 Shaka Cuts will issue an invoice statement to the Partner (the "Invoice Statement") which will set out, in the account summary at the top of the Invoice Statement (the "Account Summary"):
(a) the balance carried over from the previous Invoice Statement, if any;
(b) what the Partner owes Shaka Cuts in respect of Charges since the last Invoice Statement (e.g. Commission etc.) such amounts to be deducted from any amount owed; and
(c) the resulting account balance (the "Closing Balance") payable either by Shaka Cuts to the Partner or the Partner to Shaka Cuts.
15.3 The Partner shall be responsible for any refunds, chargebacks, banking charges or other administrative expenses ("Bank Charges") incurred by Shaka Cuts as a result of Partner’s failure to notify Shaka Cuts in advance of changes in payment details and/or arrangements, including but not limited to:
(a) bank account details;
(b) cancellation of a direct debit mandate;
(c) insufficient funds;
(d) card expiry
15.4 All payments due from Shaka Cuts to the Partner shall be made via bank transfer using the bank details provided by the Partner to Shaka Cuts and it is the Partner’s responsibility to ensure that these details are correct. Shaka Cuts will only make payments due to the Partner directly to the Partner and cannot make payments to any third-party. The Partner shall fully indemnify Shaka Cuts and hold Shaka Cuts harmless against any losses, damages or claims arising out of the Partner’s failure to notify Shaka Cuts of a change of bank account details including but not limited to any Bank Charges incurred by Shaka Cuts as a result.
16. Subscription Fees (Partners only)
16.1 Fees for the Subscription ("Subscription Fees") are set forth (a) herein, (b) online and/or (c) in a separately executed or accepted Subscription agreement between you and Shaka Cuts.
16.2 You agree to pay Shaka Cuts the Subscription Fees, and any other applicable fees as may be agreed to by you. All fees are non-refundable and non-transferable except for as expressly provided in these Terms of Service.
16.3 Your Subscription starts on the date that you sign up for a Subscription and submit payment. Unless otherwise communicated to you at the time of sign up, each Subscription cycle is one-month in length ("Subscription Period"), and will automatically renew on a monthly basis until we or you terminate the Subscription, or you notify us via email to firstname.lastname@example.org of your decision to terminate your current Subscription. Unless otherwise communicated to you, you will be billed on the monthly anniversary of first submitting payment to us for your Subscription (e.g., if your Subscription begins on July 25th, it will renew on August 25th, September 25th, and so on. If your Subscription begins on a date that doesn't occur every billing cycle (e.g., the 31st), you will be billed on the last day of every month. We reserve the right to change the timing of our billing. You acknowledge that the amount billed to you each month may vary due to promotional offers and/or adding or changing your Subscription plan, and you authorize Shaka Cuts to charge you for these varying amounts as necessary.
16.4 We reserve the right to adjust pricing for the Subscription Services at any time upon fourteen (14) days prior notice. Unless we expressly communicate otherwise, any price change to your membership will take effect on your next billing cycle. You must agree to the change in fees to continue to use the Services. To withdraw your consent, you will need to cancel your account by notifying us at email@example.com.
16.5 You may terminate your Subscription at any time. If you cancel with more than forty-eight (48) hours notice prior to your next billing cycle, you will not be charged for the next month of the Subscription Service. If you have any questions about your individual billing cycle, email firstname.lastname@example.org to receive an overview of your billing cycle details. You will not be eligible for a prorated refund or any portion of the Subscription Fees paid for the then-current monthly subscription cycle. Following cancellation, you will continue to have access to the Subscription Services through the end of your current billing cycle. To exercise the right to cancel under this section, you must inform Shaka Cuts by email (at email@example.com) of your decision to cancel your subscription by clear statement.