Is my deposit refundable?

Orchid11

Back in June I paid £100 deposit to a lady to have a treatment done, this was paid online. There was no terms or conditions mentioned at the time and looking since there is no information anywhere, no website, just listed on social media.
19 days after I had paid I found out I was pregnant which resulted in me not being suitable to have the treatment carried out so I canceled the appointment which was in 3 weeks time.
The lady refused to send back deposit saying I could have treatment at a later stage so basically in 9months to a year realistically.

I have messaged her this week asking again as I do not think this is fair, especially as there was no conditions stated. She has so far ignored me as I can see my message has been ‘seen’.

Am I right that as I was not suitable to have treatment carried out, there was nothing stated about no refunds and it was 3 weeks prior to appointment that I have some leg to stand on here and she is being unfair?

What are my rights?

DoaM

How did you pay?

It is reasonably rare that a full deposit is ever non-refundable ... but the other party is entitled to recoup any provable losses incurred by your breach of contract.

Orchid11

I paid via bank transfer so I have proof. As it was 3 weeks prior to appointment she had plenty of time to fill my slot so I think she is being unreasonable.
Just need to know what my rights are, under the circumstances.

Thanks for your reply.

unholyangel

Was there any face to face contact during the contract formation? When the contract was formed, were you given a specific date for your treatment? What exactly was the treatment?



If you formed the contract wholly at a distance (via online, email, phone etc - no face to face contact) then the consumer contract regulations should apply. Which requires the seller to provide certain information before you (the consumer) are bound by the contract.

Certain goods/services are exempt either from the regulations in whole or just from the right to cancel. One of the exemptions from the right to cancel is:

(h)the supply of accommodation, transport of goods, vehicle rental services, catering or services related to leisure activities, if the contract provides for a specific date or period of performance.

Business companion gives examples of exclusions under that paragraph as :

for example, hotel bookings, courier services, car hire, restaurant bookings and theatre tickets for specific dates

So that is why I've asked what the treatment is and whether there was a specific date agreed at the time you entered the contract - and those last 6 words are important, if you entered the contract with no specific date and later book a date, that wouldn't satisfy the above exemption.

Orchid11

Ok thanks. It was eyebrow microblading. There was no face to face, all booked online directly with her. When I paid deposit she never stated any terms and there are none on any of her social media. It was only after I had to cancel, and then asked for it back she told me it was non refundable.

McKneff

Why cant you have it done ?

Svein_Forkbeard

Orchid11 wrote: »

As it was 3 weeks prior to appointment she had plenty of time to fill my slot

You know this how? As said before why couldn't you attend?

Looks like buyers remorse to me.

Orchid11

I found out I was pregnant and it can’t be done while pregnant. So under the circumstances, which I had told her, and it wasn’t a last minute cancellation assumed she would give my deposit back. She never stated at any time it was non refundable, only when I asked after I had to cancel.

Blackbeard_of_Perranporth

My gawd. I run my beard trimmer on mine every three months and they keeps them apart. The beard trimmer cost £30 about ten year ago!

Orchid11

Microblading is a form of tattooing, bit different to trimming them, lol!

DCFC79

Orchid11 wrote: »

Microblading is a form of tattooing, bit different to trimming them, lol!

Can you not have a friend go instead of you amd they pay you the £19 ?