DRAFT — NOT LEGALLY REVIEWED. These Terms were adapted from a Canadian original and still contain unresolved [LEGAL REVIEW REQUIRED] clauses. They must not be relied on for live orders.
Effective as of the date of your Purchase
These Online Purchase Terms and Conditions (the “Terms”) govern all treatment packages, memberships, products and services (each a “Purchase”) that you (the “Client”, “you”) buy online through the website, e‑commerce store or online booking pages operated under the BYou Laser brand (the “Brand”). By completing an online Purchase, you agree to these Terms.
Who you are contracting with. BYou Laser is a brand under which independently owned and operated clinics provide services. Each clinic location is operated by its own legal entity. The business that supplies your Purchase (the “Clinic”, “we”, “us”) is the entity that operates the clinic location you select at checkout, and is identified in your order confirmation. These Terms form a binding agreement between you and that Clinic.
You must read and accept these Terms before you pay. At checkout you will be given the opportunity to review your order, correct any errors, and expressly accept or decline these Terms. If you do not agree, do not complete the Purchase.
1. What You Are Buying Online
- Prepaid packages redeemed in person. An online Purchase is a prepaid treatment package, session credit, membership or retail product. Treatments are performed in person at a designated Clinic location and must be booked separately through the Clinic. Completing payment online does not book an appointment or start treatment.
- Medical eligibility. All treatments are subject to an in‑person medical/suitability assessment. If, following that assessment, a treatment is medically contraindicated for you and has not yet started, the affected sessions will be refunded or credited in accordance with Schedule A (Cancellation & Refund Policy).
- Designated Clinic. Your Purchase is redeemable at the Clinic location selected at checkout (or, where none is selected, the location assigned to you). Treatment continuity, specific staff and equipment availability are not guaranteed.
2. Online Acceptance & Electronic Records
- These Terms form a binding agreement when you accept them and complete payment online. You confirm you are at least 18 years of age (or the age of majority) and legally able to enter into this agreement.
- Copy of your agreement. After you complete a Purchase, we will provide you with an electronic copy of these Terms and your order details (by email and/or on‑screen) in a form you can retain and print. [LEGAL REVIEW REQUIRED — retention and disclosure requirements under NY and TN law to be confirmed by counsel.]
- You consent to receive these Terms, order confirmations, receipts and related notices electronically. Electronic acceptance and records have the same legal effect as a signed paper document. [LEGAL REVIEW REQUIRED — cite the applicable US e-signature statute (E-SIGN, and UETA as adopted in NY and TN).]
3. Prices, Taxes & Payment
- All prices are shown in US dollars (USD) and are exclusive of applicable sales tax unless stated otherwise. Taxes and any additional charges are shown before you confirm your order.
- Payment is due in full at the time of Purchase unless a financing or instalment option is expressly offered and accepted at checkout.
- Third‑party financing. If your package is financed through a third‑party provider, that financing is a separate agreement between you and the provider. A cancellation surcharge applies to financed packages as set out in Schedule A.
4. Your Consumer Protection Rights
Nothing in these Terms (including Schedules A–D and any statement that a Purchase is “final” or “non‑refundable”) limits, waives or overrides any right you have that cannot be waived under applicable consumer protection law. [LEGAL REVIEW REQUIRED — the NY General Business Law and TN Consumer Protection Act provisions that apply here to be identified by counsel.] Any provision that conflicts with those rights does not apply to the extent of the conflict.
- Cancellation for non‑disclosure. Because you are buying online, you may cancel your Purchase within seven (7) days after you receive a copy of this agreement if we did not make the disclosures required by law before you purchased, and within thirty (30) days of your Purchase if we do not deliver a required copy of this agreement to you.
- Non‑performance. If we do not begin performing the services within thirty (30) days after the commencement date agreed with you, you may cancel as permitted by law.
- Where you exercise a statutory cancellation right, we will refund the amounts required by law within the time required by law. These statutory rights are in addition to the cancellation options we offer in Schedule A.
Schedule A — Cancellation & Refund Policy
This Schedule sets out the Clinic’s cancellation and refund terms. It applies subject to, and does not override, your statutory rights in Section 4.
- Change‑of‑mind period. You may cancel an online Purchase and receive a full refund within seven (7) days of purchase, provided no treatment session has been booked or performed and no product has been shipped or collected.
- Medical contraindication. You may cancel within ten (10) days of purchase if a medical condition contraindicates treatment, provided treatment has not started. We may request a doctor’s note confirming the contraindication.
- After treatment begins. Completed sessions are charged at the original, non‑discounted value. Any refund is calculated as the amount paid minus the value of sessions used.
- Cancellation administration fee. Outside the periods above, a cancellation administration fee of $250 plus tax applies to reflect our reasonable administrative costs.
- Financed packages. Where a package is financed through a third party, an additional fee of 12% of the total package value applies to the cancellation fee, to reflect third‑party financing costs.
- Packages may be transferred to another client where a medical condition prevents you from completing treatment (see Schedule D).
- Refund requests are assessed within thirty‑one (31) days. To start a cancellation, email us at heretohelp@byoulaserclinic.com. Retail products are final sale except where a statutory right or manufacturer warranty applies.
Schedule B — Results Guarantee Policy
- Eligibility. Applies only to Clients who purchase a Results Guarantee Treatment Package.
- Laser hair removal. A minimum 70% hair reduction is guaranteed within 18 months, provided there are no interfering hormonal issues or medications.
- Follow‑up treatments. Available 30–60 days after the last session, unless otherwise instructed.
- Requirements. All appointments must be attended as scheduled, before/after photos taken, pre/post‑care instructions followed, and treatments performed according to technician recommendations.
- Exclusions. Melasma, rosacea, hair restoration, facial/neck hair removal, cosmetic injections, and body contouring are excluded.
- Skin rejuvenation, wrinkle‑reduction and skin treatments must be accompanied by at‑home use of at least two (2) skin care products recommended by your skin therapist. Full results are not guaranteed, but significant improvement can be expected.
- Voiding the guarantee. The guarantee is void if treatments are altered or transferred, or if the Client fails to follow the recommended schedule or to disclose relevant hormonal conditions.
Schedule C — No‑Show & Scheduling Policy
- A minimum of 24 hours’ notice is required to cancel or reschedule an appointment.
- Two no‑shows result in the loss of one session.
- Arriving more than 15 minutes late is treated as a no‑show.
- Repeated no‑shows may void the Results Guarantee.
Schedule D — Patient Transfer Policy
- Eligibility. Transfers are allowed in specific circumstances (for example, permanent relocation of 25 km or more).
- Requests must be submitted in writing with supporting documentation and are subject to management approval.
- A $250 plus tax administrative fee may apply.
- The Results Guarantee is void upon transfer.
- Treatment continuity, staff and equipment availability are not guaranteed after transfer.
- Refund requests will not be granted for approved or denied Clinic transfers, subject to your statutory rights in Section 4.
5. Privacy & Personal Health Information
- We collect, use and disclose your personal information and personal health information to process your Purchase and provide treatment, in accordance with our Privacy Policy and applicable law. [LEGAL REVIEW REQUIRED — US framework to be specified: whether HIPAA applies to these services, the NY SHIELD Act, and TN data-protection requirements.]
- You agree not to post false or defamatory statements about the Clinic or its affiliates. This does not restrict honest reviews or any statement you are entitled to make by law.
6. General Terms
- Future purchases. Each Purchase is governed by the Terms posted on our website at the time of that Purchase. We may update these Terms from time to time; changes apply to future Purchases and do not reduce your rights on Purchases already made.
- Governing law. [LEGAL REVIEW REQUIRED — governing law to be specified by counsel. BYou operates clinics in New York and Tennessee; one choice-of-law clause may not be enforceable against consumers in both.]
- Entire agreement. These Terms, including Schedules A–D and your order confirmation, are the entire agreement between the parties for the Purchase and supersede prior understandings.
- Amendments. We may amend these Terms for future Purchases by posting updated Terms. Changes to an existing Purchase require your consent to the extent required by law.
- Force majeure. The Clinic is not liable for delay or failure to perform due to causes beyond its reasonable control, including equipment malfunction, staff unavailability or government restrictions.
- Limitation of liability. To the extent permitted by law, the Clinic’s liability for a Purchase does not exceed the total amount paid by the Client for the specific treatment package. Nothing in these Terms excludes liability that cannot be excluded by law.
- Dispute resolution. Disputes will first be addressed through good‑faith negotiation. If unresolved, they will be submitted to binding arbitration. [LEGAL REVIEW REQUIRED — seat, rules and class-waiver enforceability to be set by counsel; US consumer arbitration clauses are scrutinised differently from Ontario's.]
- Severability. If any provision is found invalid, the remaining provisions remain in full force and effect.
Questions about these Terms? Contact us at heretohelp@byoulaserclinic.com.
