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Terms & Conditions — ANA KAY PRO

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Terms & Conditions

These Terms and Conditions govern the use of www.anakaypro.com and the purchase, booking or use of services, courses, digital content and other products supplied under the ANA KAY PRO and ANA KAY Beauty Academy brands. Both brands are operated by Ana Kay Beauty Academy Ltd (Company No. 16189655).

1. About These Terms

They apply, where relevant, to:

  • bridal makeup services;
  • Asian bridal and multi-day bridal services;
  • wedding and special-event makeup;
  • bridal trials;
  • UK and international bookings;
  • private 1-to-1 makeup appointments;
  • self-makeup lessons;
  • accredited in-person makeup courses;
  • non-accredited classes and masterclasses;
  • live online tuition;
  • pre-recorded online courses and digital masterclasses;
  • training manuals and educational material;
  • portfolio and photography elements included within courses;
  • digital downloads;
  • physical products or educational products where offered; and
  • any other service expressly agreed in writing.

By making a booking, submitting payment, purchasing digital content or confirming acceptance of these Terms, the client or student agrees to be bound by the version of these Terms supplied or made available before the contract is entered into.

Nothing in these Terms removes or restricts any statutory consumer right which cannot lawfully be excluded.

2. Booking and Formation of Contract

An enquiry, quotation or discussion regarding availability does not secure a booking.

A booking is confirmed only when:

  1. ANA KAY PRO has confirmed availability;
  2. any required retainer or payment has been received;
  3. the client has provided information reasonably required to complete the booking; and
  4. written confirmation has been issued by ANA KAY PRO.

Dates will not be held indefinitely without payment.

Where several customers enquire about the same date, ANA KAY PRO may accept the first customer who completes the booking requirements.

The services, location, dates, timings, number of persons, course, price and other important booking information will be stated on the website, invoice, booking confirmation, course page, proposal or other written agreement.

Where specific written booking terms conflict with these general Terms, the specifically agreed booking terms will take priority to the extent of that conflict, subject always to applicable law.

3. Prices and Additional Charges

All prices will be communicated before booking or calculated using the information provided by the client.

Additional charges may apply where relevant for:

  • travel;
  • mileage;
  • flights;
  • accommodation;
  • baggage containing professional products or equipment;
  • airport transfers;
  • taxis or local transportation;
  • parking;
  • tolls;
  • congestion charges;
  • early-morning call-outs;
  • additional clients;
  • additional looks;
  • extended attendance;
  • evening touch-ups;
  • staying on location;
  • outfit or jewellery assistance;
  • changes to an agreed schedule;
  • additional models;
  • venue requirements; or
  • services requested after the original booking.

Mandatory charges that can reasonably be calculated at the time of booking will be disclosed before payment.

For international bookings, third-party travel and accommodation expenses may be payable in advance.

Once third-party arrangements have been purchased, those expenses are refundable only to the extent that ANA KAY PRO is able to recover them from the relevant supplier, subject to the client's statutory rights.

Prices are quoted in GBP unless expressly agreed otherwise. Customers are responsible for any bank conversion or international transfer charges imposed by their own payment provider.

4. Retainers — Important Booking Term

ANA KAY PRO uses the term RETAINER, not "deposit", for amounts paid specifically to reserve professional availability.

A retainer secures the agreed appointment, course place or event date and prevents ANA KAY PRO from accepting conflicting work for that reserved period.

The retainer also reflects business resources committed to the booking, which may include:

  • administration;
  • consultation;
  • diary management;
  • preparation;
  • communication;
  • scheduling;
  • opportunity cost;
  • turning away competing bookings;
  • preliminary creative planning; and
  • reasonably anticipated loss caused if the client subsequently cancels.

Unless stated otherwise, the retainer forms part of the total price of the booking and will be credited towards the final amount payable.

Non-refundable status

Once any applicable statutory cancellation period has expired, a retainer is non-refundable where the client chooses to cancel, subject to applicable consumer law.

The retainer is intended to compensate ANA KAY PRO for genuine and reasonably anticipated loss connected with reserving the appointment or course place. It is not intended to operate as a penalty or permit ANA KAY PRO to recover the same loss twice.

Where consumer law requires an adjustment because the amount retained would materially exceed the losses reasonably suffered as a result of the cancellation, ANA KAY PRO will make any adjustment required by law.

A change in the client's personal circumstances, wedding arrangements, venue, relationship, travel arrangements, work commitments or other plans does not automatically entitle the client to repayment of a properly retained booking retainer.

Cancellation by ANA KAY PRO

Where ANA KAY PRO cancels a booking for reasons within its control and is unable to provide an agreed replacement or rescheduled service acceptable to the customer, sums relating to services that will not be supplied will be refunded as required by law.

5. Statutory 14-Day Cancellation Rights

Certain contracts entered into online, by telephone, through social media, by email or otherwise at a distance may be covered by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

Where these statutory rights apply, a consumer generally has 14 days after the contract is made to cancel a service contract without giving a reason.

These statutory rights take priority over any conflicting provision in these Terms.

Services beginning during the 14-day period

Where a customer asks ANA KAY PRO to begin performing a service during the statutory cancellation period, for example, consultation, planning, tuition or another booked service, ANA KAY PRO may require the customer expressly to request early performance.

If the consumer subsequently cancels during the cancellation period, the consumer may be required to pay a proportionate amount for services properly supplied before cancellation where permitted by law.

Where a service has been fully performed during the cancellation period following the consumer's express request and the legal requirements for loss of the cancellation right have been satisfied, the consumer may lose the right to cancel.

6. Bridal and Event Bookings

ANA KAY PRO provides professional bridal and event makeup services within the UK and internationally.

Bridal retainers

Current bridal retainers may include, depending upon the selected package:

  • Bridal Makeup - £150;
  • Bridal Trial + Wedding Day - £150;
  • Asian Bridal / Multi-Day Bridal - £250;
  • or another amount clearly stated when booking.

The applicable retainer will be confirmed before payment.

Final balance

Unless a different payment schedule is agreed in writing, the final bridal balance must be paid no later than three weeks before the wedding or event date.

ANA KAY PRO may suspend or ultimately cancel a booking where a payment remains overdue after reasonable notice.

Client cancellation after the statutory cancellation period

Where a bridal or event client cancels for reasons not caused by ANA KAY PRO, the following cancellation scale may apply as a genuine estimate of likely losses:

  • More than 12 weeks before the event: the booking retainer may be retained.
  • Between 6 and 12 weeks before the event: up to 50% of the total agreed booking value may become payable.
  • Between 3 and 6 weeks before the event: up to 75% of the total agreed booking value may become payable.
  • Less than 3 weeks before the event or failure to attend: up to 100% of the agreed booking value may become payable.

These amounts are not automatic penalties. ANA KAY PRO will take reasonable account of costs saved and reasonable steps to mitigate its loss, including any successful replacement booking, where required by consumer law.

ANA KAY PRO will not recover twice for the same loss.

Changes of wedding date

Changing the wedding or event date constitutes a change to the original contract.

ANA KAY PRO is not required to guarantee availability for a new date.

Where possible, ANA KAY PRO may agree to transfer a booking to another date. Any transfer is subject to availability, current pricing, travel arrangements, third-party expenses and written confirmation.

Unless ANA KAY PRO expressly agrees otherwise, a requested date change may be treated as cancellation of the original booking followed by a new booking.

7. Bridal Trials

Bridal trials are professional appointments separate from the final wedding-day service unless expressly sold as part of a combined package.

Trials may be payable in full when booked.

A bridal trial is designed to explore and refine a preferred makeup direction. It does not guarantee that every requested style, product or visual reference will be suitable for every individual.

Where a client changes their preferred wedding look following a trial, additional trials may be charged separately.

Once a bridal trial has been performed, the trial fee is not refundable because the service has been supplied.

This does not affect rights relating to services which have not been performed with reasonable care and skill.

8. Client Responsibilities for Makeup Services

Clients must provide accurate information reasonably required to provide services safely and professionally.

Clients should disclose before the appointment any known:

  • allergies;
  • sensitivities;
  • skin reactions;
  • contagious skin conditions;
  • eye infections;
  • open wounds;
  • recent cosmetic procedures;
  • relevant medical conditions;
  • reactions to latex, adhesives or cosmetics; or
  • other information reasonably relevant to the safe application of makeup.

ANA KAY PRO may decline, discontinue or modify a service where there are reasonable hygiene or safety concerns.

A client who intentionally withholds relevant information may remain responsible for losses caused to ANA KAY PRO by the resulting cancellation or interruption, subject to consumer law.

ANA KAY PRO will exercise reasonable professional care and hygiene practices, but individual reactions to cosmetic ingredients cannot be guaranteed never to occur.

Nothing in these Terms excludes liability for death or personal injury caused by negligence or any other liability which cannot legally be excluded.

9. Client Lateness and No-Shows

Clients must be ready at the agreed location and time.

Late arrival may reduce the amount of time available for the appointment and may require alteration of the planned service.

ANA KAY PRO is not responsible for a reduced service caused by the client's unreasonable lateness.

Where a client fails to attend and ANA KAY PRO was ready, willing and able to provide the service, amounts may be retained or charged to reflect the losses caused by the missed reserved appointment, subject to applicable consumer law.

10. Bridal Party and Group Bookings

Where one person makes a booking on behalf of multiple individuals, that person is the lead client and is responsible for:

  • providing accurate numbers;
  • communicating the schedule;
  • ensuring members of the group are ready;
  • providing information about any agreed additional services; and
  • paying amounts due under the booking unless agreed otherwise.

Reductions in the number of people after confirmation may constitute partial cancellation and may not automatically reduce the contracted price where the time has already been reserved.

Any cancellation charge will remain subject to the requirement that it fairly reflects the resulting loss.

11. International Bookings

International bookings may require separate arrangements for:

  • flights;
  • accommodation;
  • baggage;
  • visas or permits where relevant;
  • airport transfers;
  • local transportation;
  • travel insurance;
  • additional travel days; and
  • other reasonable travel expenses.

These costs will be agreed as far as reasonably practicable before being incurred.

The client may be required to fund agreed travel arrangements in advance.

Third-party costs that become non-refundable after purchase will generally remain payable where the client cancels, but only to the extent that they represent genuine non-recoverable costs.

The client is responsible for supplying accurate event locations, dates, timings and venue information.

ANA KAY PRO remains responsible for complying with legal requirements applicable to its own professional travel and work.

12. In-Person Courses and ANA KAY Beauty Academy

Course content, duration, dates, accreditation status, inclusions and fees will be specified on the relevant course page or booking confirmation.

Not every ANA KAY course is accredited.

Where a course is advertised as accredited, the applicable accreditation or awarding arrangement will be the one expressly identified for that course at the time the student books.

Certification may be conditional upon:

  • required attendance;
  • completion of practical work;
  • completion of assessments where applicable;
  • professional conduct;
  • payment in full; and
  • satisfying any requirements of the relevant accrediting or awarding organisation.

A student is not entitled to a certificate merely because a course fee has been paid.

Accreditation does not constitute a guarantee of:

  • employment;
  • earnings;
  • bookings;
  • insurance acceptance;
  • professional membership;
  • brand membership;
  • MAC PRO or similar discounts;
  • commercial success; or
  • acceptance by any third-party organisation.

Any third-party benefit remains subject to that third party's own eligibility criteria.

13. Course Retainers and Cancellations

A retainer may be required to secure a place on an in-person course.

Following expiry of any applicable statutory cooling-off period, the retainer is normally non-refundable where the student cancels because the place has been reserved and class capacity is limited.

For intensive, small-group or private training, replacing a cancelling student at short notice may not be commercially possible.

Where a student cancels after the cooling-off period, ANA KAY PRO may retain or charge a reasonable sum reflecting:

  • the retainer;
  • administration already carried out;
  • resources already prepared;
  • materials allocated;
  • instructor time committed;
  • third-party costs; and
  • course capacity or income genuinely lost.

Any cancellation charge must remain proportionate to ANA KAY PRO's reasonably anticipated or actual loss.

14. Missed Course Days

A student who voluntarily fails to attend, arrives late, leaves early or misses part of a scheduled course is not automatically entitled to:

  • a refund;
  • private replacement tuition;
  • a replacement course;
  • additional teaching time; or
  • certification.

Where practical, ANA KAY PRO may offer an alternative or catch-up arrangement at its discretion and may charge for additional tuition.

Any such arrangement is a goodwill measure unless otherwise required by law.

15. Course Changes

ANA KAY PRO may make reasonable changes to:

  • lesson order;
  • demonstration looks;
  • models;
  • products;
  • tutors;
  • teaching materials;
  • course room;
  • timetable; or
  • teaching format;

provided that the overall substance and value of the purchased course are not materially reduced.

If ANA KAY PRO makes a substantial change that materially alters the service purchased and cannot offer a reasonable alternative, the student may be entitled to a refund relating to the affected part of the course.

16. Models and Practical Training

Where courses include practical work with models, students understand that individual models, facial features, skin types and availability may vary.

ANA KAY PRO may substitute a model where reasonably necessary.

The cancellation or substitution of a particular model does not by itself entitle a student to a refund where appropriate practical training can still be delivered.

17. Private 1-to-1 Training

Private classes are tailored educational services.

Unless expressly advertised otherwise, a 1-to-1 self-makeup or professional lesson is not an accredited qualification.

Results depend on factors including:

  • the student's starting ability;
  • practice;
  • dexterity;
  • products;
  • equipment;
  • attendance;
  • learning style; and
  • continued application after training.

ANA KAY PRO does not guarantee that any student will achieve a particular professional, financial or career result.

18. Pre-Recorded Online Courses and Digital Content

Certain ANA KAY PRO online masterclasses consist of digital content supplied through a website, portal or other online platform.

Where expressly stated on the product page, an online masterclass may be non-accredited and may provide only a Certificate of Participation.

The customer receives a limited, personal, non-exclusive, non-transferable licence to access purchased material for their own learning during the access period specified when purchasing.

All intellectual property rights remain with ANA KAY PRO or the relevant rights owner.

Customers must not:

  • share login credentials;
  • permit another person to use their account;
  • record course videos;
  • screen-record lessons;
  • download material unless expressly authorised;
  • copy manuals;
  • redistribute videos;
  • upload course material;
  • sell course material;
  • reproduce the training as their own educational product;
  • create substantially copied training resources;
  • commercially exploit ANA KAY PRO intellectual property; or
  • circumvent access controls.

Serious misuse may result in suspension or termination of access, subject to applicable law.

19. Digital Course Refund Rule

Where a consumer purchases digital content and requests immediate access before the end of the statutory 14-day cancellation period, ANA KAY PRO will obtain the consumer's express consent to immediate supply and acknowledgement that the statutory cancellation right will be lost once digital supply begins, where required by law.

Once access to digital course content has begun following valid express consent and acknowledgement, no change-of-mind refund will be provided.

This applies even where the customer:

  • later decides the course is not suitable;
  • changes career plans;
  • does not complete the course;
  • does not watch every lesson;
  • purchases by mistake after access has begun;
  • fails to use the course;
  • expected different personal results; or
  • no longer has time to complete the course.

This rule does not remove statutory rights where digital content is faulty, materially misdescribed or otherwise fails to meet applicable requirements of the Consumer Rights Act 2015.

20. Live Online Classes

A live online lesson delivered by video conference is treated as a service rather than merely the supply of pre-recorded digital content.

Where statutory cancellation rights apply, those rights will be honoured.

If the customer expressly asks for the service to begin within the statutory cancellation period and subsequently cancels, ANA KAY PRO may charge the amount permitted by law for services already supplied.

Failure by the customer to attend a scheduled live session may be treated as a missed appointment where ANA KAY PRO was ready and available to teach.

21. Technology Requirements

Customers purchasing digital education are responsible for maintaining:

  • an appropriate device;
  • internet access;
  • compatible software;
  • a working email address; and
  • secure login credentials.

ANA KAY PRO is not responsible for problems caused solely by a customer's device, internet provider or incompatible equipment.

Where there is a genuine fault with ANA KAY PRO's digital platform or supplied digital content, ANA KAY PRO will take reasonable steps to restore access or otherwise provide the remedies required by consumer law.

22. Intellectual Property

The following may be protected by copyright, trade mark or other intellectual property rights:

  • ANA KAY PRO branding;
  • ANA KAY Beauty Academy branding;
  • course videos;
  • training manuals;
  • worksheets;
  • face charts;
  • guides;
  • photographs;
  • written educational content;
  • diagrams;
  • course structures;
  • website material;
  • graphics;
  • marketing materials;
  • downloadable resources; and
  • original teaching material.

Purchase of a course or service does not transfer ownership of these intellectual property rights.

Students receive only the permission specifically stated with their purchase.

23. Photography, Video and Portfolio Material

Photographs or video taken during services or courses will not automatically be used for public marketing merely because a client or student attended.

Where identifiable material is intended for ANA KAY PRO promotional use, appropriate permission or another valid legal basis will be obtained.

Where consent is relied upon, promotional consent should be separate from acceptance of these Terms and should not be a condition of receiving a service unless the photography itself forms an essential part of the agreed service.

Clients or students may withdraw consent for future use where consent is the legal basis.

ANA KAY PRO cannot guarantee removal of material independently copied, reposted or distributed by third parties after lawful publication, although reasonable action will be taken regarding ANA KAY PRO-controlled channels where legally required.

24. Client and Student Conduct

ANA KAY PRO operates a professional working and learning environment.

Abusive, threatening, discriminatory, sexually inappropriate, unsafe or seriously disruptive behaviour will not be tolerated.

ANA KAY PRO may stop a service or remove an individual from a course where reasonably necessary for safety or serious misconduct.

Any financial consequences will be determined according to the circumstances and applicable consumer law.

25. Children and Under-18s

Purchases through the website must be made by an individual aged 18 or over unless expressly stated otherwise.

Where services are supplied to someone under 18, ANA KAY PRO may require the booking to be made or authorised by a parent or legal guardian.

Separate parental or guardian permission may be required for photography or publication involving minors.

Individual courses may impose a minimum age requirement stated on the course page.

26. Results and Professional Disclaimer

Makeup is highly individual.

ANA KAY PRO will perform professional services with reasonable care and skill but cannot guarantee that a specific reference image will appear identical on every individual.

Results may vary according to skin, facial anatomy, lighting, photography, weather, product interaction, personal preferences and other factors.

Educational services provide professional instruction and guidance, but no training programme can guarantee a student's income, client bookings, employment, social-media growth or business success.

Articles and guides published on the ANA KAY PRO website are general educational material and are not medical or dermatological advice.

27. Consumer Rights

Where a customer is acting as a consumer, ANA KAY PRO will provide services with reasonable care and skill as required by the Consumer Rights Act 2015.

Nothing in these Terms removes statutory remedies available where a service, product or digital content fails to meet applicable legal standards.

28. Liability

Nothing in these Terms excludes or limits liability where it would be unlawful to do so, including liability for:

  • death or personal injury caused by negligence;
  • fraud or fraudulent misrepresentation; or
  • statutory consumer rights that cannot be excluded.

For consumer bookings, ANA KAY PRO is responsible for loss that is a foreseeable result of its breach of contract or negligence.

ANA KAY PRO is not responsible for losses that were not reasonably foreseeable when the contract was entered into.

Where a client purchases services wholly or mainly for personal purposes, ANA KAY PRO is not responsible for purely commercial losses such as lost business profits.

For business-to-business bookings, to the fullest extent legally permitted, ANA KAY PRO will not be liable for indirect or consequential loss, loss of profit, loss of business or loss of opportunity, and aggregate contractual liability will not exceed the amount paid for the relevant booking, except where such limitation would be unlawful.

29. Events Outside Reasonable Control

Neither party will be treated as breaching the contract solely because performance is prevented by circumstances genuinely outside reasonable control.

Examples may include serious illness, government restriction, exceptional weather, major transport disruption, natural disaster, venue closure, civil emergency or other comparable events.

Where possible, ANA KAY PRO and the client will first attempt to reschedule.

Where performance becomes impossible and rescheduling cannot reasonably resolve the matter, refunds and deductions will be handled according to applicable law. ANA KAY PRO will not rely on this provision to retain amounts which consumer law requires to be refunded.

30. Complaints

Customers should raise concerns as soon as reasonably possible by contacting: info@anakaypro.com

ANA KAY PRO will attempt to resolve complaints professionally and fairly.

Where a dispute concerns personal data, the separate procedure in the Privacy Policy also applies.

If a consumer dispute cannot be resolved internally, ANA KAY PRO will provide information about any applicable alternative dispute-resolution mechanism where required by law.

Nothing prevents a consumer from using legal rights available to them.

31. Chargebacks and Payment Disputes

Customers are encouraged to contact ANA KAY PRO before initiating a payment dispute so that any genuine issue can be investigated.

This does not restrict any lawful right to contact a bank, card issuer or payment provider.

Where a chargeback is made, ANA KAY PRO may provide the payment provider with relevant evidence including booking confirmations, attendance records, access logs, acceptance of Terms and communications.

Any amount properly due under the contract remains payable subject to the customer's legal rights.

32. Governing Law

These Terms are governed by the laws of England and Wales.

If the customer is a consumer resident elsewhere, nothing in this provision removes any mandatory consumer protection which legally applies in the consumer's country of residence.

Consumers resident in England or Wales may bring proceedings in the courts of England and Wales.

Consumers elsewhere may have additional rights regarding jurisdiction under applicable law.

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