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Beauty Treatment mishap


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Hi

 

If a beauty treatment went wrong despite 1-3 attempts of rectification but it still failed/didn't take, does the customer have any legal right via small court to request a full refund of £300.

 

No disclaimer signed

No Information given about who it is/isn't suitable for ?

 

Money taken, no major care given and therapist now becoming immensely abusive via text.

 

Tia

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If you are buying a service, that service must be provided with reasonable care and skill (and if not then you have grounds for an action for breach of contract).

 

Alternatively, you MAY have grounds for an action for negligence.

If you are paying someone for a beauty treatment, then they will owe you a 'duty of care'.

If they breach that duty of care, and harm results directly : you will have grounds for an action for negligence.

 

The (likely) issue for both is if they acted with reasonable care & skill, as if they did they wouldn't have breached the contract nor breached their duty of care.

They may claim they acted with reasonable care and skill : no breach of contract

(If there was no harm, or no breach of duty of care, then no negligence).

 

Can they claim there was no harm done?

Can they claim they performed the treatment with all due care and skill (and it is just a hazard of the treatment that sometimes it doesn't work)?.

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Thank you for replying

 

It is a hazard that the treatment may not take but shouldn't they warn you of that prior to treatment taking place ? And not continue with further options if they know it won't take.

 

I don't think they can claim that no harm has been done as it's semi permanent and they have left a "permanent" mess which is still very visible.

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do they have a web site with nice pictures on it showing what you could look like after the treatemnt? This would then give you a "reasonable expectation" of the end result and that will be harder for them to say no, this is not what you get, splodgy eyebrow tattoos are what we normally do or whatever.

You will need to formalise your approach to this though. Write a letter (not email) and post it or hand deliver it to the owner/manager of the salon and state waht you had done, what your reasonable expectations were and how the remedial action is not satisfactory and what you want as an end result and ask for their response. Give them time to respond (7-14 days will be enough) and if that response is not satisfactory you write a "letter before action" where you reiterate this and then say that if the matter is not resolved you will seek to recover your monies via the county courts. without further notice. Again, give them time to respond and if they dont you may sue them without having to tell them again. This means that any offer after that deadline has passed should also include your expenses in taking the action.

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