Terms of Service

Summary

  • Merbeli provides merbeli.com and the Merbeli app (together, our Merbeli Platform), which allows you to discover and book online with (or purchase Products from) spas, salons, beauticians, trainers and other businesses. You can buy or book Beauty Center Services (including any Products that Centers have for sale) by making an Appointment or an Order through the Merbeli Platform.
  • The Center Services you can book or buy via Merbeli are sold by our Centers and not by us. We are only responsible for arranging and concluding your Appointment or Order, and we have been appointed by our Centers to act as their commercial agent to do so.
  • If you pay for Center Services using the Merbeli Payment Services, we may collect and receive your payment on behalf of the relevant Center in our capacity as their commercial agent. When we receive your payment, this will discharge your debt to the Center for the Center Services.
  • The contract for the Center Services is directly between you and the relevant Center. We are not responsible for the Center Services you receive from our Centers. However, we would like to know if you are less than happy with any Center. You can contact us at info@merbeli.com, and we'll see if there's anything we can do to help.
  • If you make an Appointment or Order, you agree to a Center Contract (including any Center Terms of Sale) with the relevant Center. Merbeli is not part of this agreement. Please thoroughly check all details and any restrictions relating to an Appointment or Order before confirming it.
  • Merbeli may deactivate your Merbeli Account if you breach any part of these Terms of Service or our Terms of Use, or if you act in a way that is inappropriate, abusive or otherwise unacceptable towards a Center or our staff.
  • If you would like to reschedule or cancel an Appointment or Order, or return or exchange a Product, first check these Terms of Service and any Center Contract to see if you are able to do so. If you are, you can do this through:
    • submitting a request through the Merbeli Platform,
    • emailing or calling the Center directly, or
    • emailing our support team at info@merbeli.com.
      If you want to talk to us, please get in touch with our team and we'd be happy to help at info@merbeli.com.

 

Key terms

When we use capitalised words or phrases in these Terms of Service, they have the following meanings: 

"Appointment" means any appointment booking for one or more services from a Center made through the Merbeli Platform, including as updated, re-scheduled or cancelled;

"Cancellation Policy" means a policy that is included in the Center Terms of Sale of an Appointment whereby a Center may charge you (through the Center Payment Services) a certain fee for a cancelled Appointment, which may be up to 100% of the value of the Appointment;

"Client" and "you" means you, the user of the Merbeli Services or the purchaser of any Center Services;

"Confirmation" means a written confirmation that we provide to you regarding an Appointment or Order, via email or the Merbeli Platform;

"Deposit Policy" means a policy that is included in the Center Terms of Sale whereby a Center may request that you (through the Merbeli Payment Services) purchase a Center Credit at the time you make such Appointment;

"Merbeli Account" means an account you create on the Merbeli Platform, containing information such as your name, Appointment and order history, and contact information;

"Merbeli Appointment Services" means all appointment booking services, including creating, updating, rescheduling and cancelling appointments, provided through the Merbeli Platform;

"Merbeli Payment Services" means the online and in-app payment facility available for select Centers on the Merbeli Platform;

"Merbeli Platform" means, together: (a) the website merbeli.com, accessible through any web browser (our "Site"), (b) our mobile application published on the Apple Store and Google Play Store and downloaded and installed by you on your device (our "App"), and (c) the web interface owned and provided by Merbeli, which a Center may embed on their own website or social media channels (the "Merbeli Widget");

"Merbeli Services" means all information, recommendations and/or services provided by Merbeli to you by means of your use of the Merbeli Platform, including  the Merbeli Platform,Merbeli Appointment Services andMerbeli Payment Services, and Center Profiles;

"No Show Policy" means a policy that is included in the Center Terms of Sale of an Appointment whereby a Center may charge you (through theMerbeli Payment Services) a certain fee for a failing to show up to a Center's place of business at the time indicated on the Appointment, which may be up to 100% of the value of the Appointment;

"Order" means any orders for products ("Products") from a Center through their store on the Merbeli Platform;

"Center Contract" means any contract between you and the relevant Center for their Center Services which you book through the Merbeli Platform, including any Center Terms of Sale (as provided to you prior to confirming your Appointment/Order);

Center Credit” means a credit which is purchased via the Merbeli Services by the Client for the purpose of providing a pre-payment to a Center in respect of a Center Service.

"Center Profile" means a Center's webpage(s) on the Merbeli Platform, which may include information about theirCenter Services and, if applicable, their Center store;

"Center Services" means any products, goods and/or services of a Center offered for purchase or booking on the Merbeli Platform, including fulfilling any Appointment, Voucher or Order;

"Center Terms of Sale" mean the date, time, price, Center Services, discount, location, and any other information or terms and conditions (including any Deposit Policy, Cancellation Policy, No Show Policy or a return and refunds policy ) provided through the Merbeli Platform at the time that an Appointment is made by the Client.

"Center Voucher" means a voucher (with details of a Center offer and a unique security code)  issued by the Center via the Merbeli Platform which, when presented to the relevant Center in physical or electronic form, entitles the voucher holder to receive the Center offer from the Center, subject to any Center Contract. 

"Center" means a selected third-party provider of goods and services, who offers their goods and services for sale on the Merbeli Platform;

"Pay In-Store Service" means where an Appointment/Order is made on the Merbeli Platform but payment is made at the Center's premises (and not made online using the Merbeli Payment Services); 

"Payment Processor" means third-party payment processors supporting Merbeli with the provision of the Merbeli Payment Services;

Our services

Merbeli offers a way to connect you to our Centers, who offer a range of Products and services in the beauty and wellness space, such as hair, beauty, training and therapy services. The Merbeli Platform allows you to make an Appointment for a Center Service, an Order for a Product from a Center and directly pay for your Services and Orders. Merbeli does not operate any Center, provide any Center Services, or fulfil any Orders for Products. 

By using the Merbeli Services you enter into a contract with Merbeli under these Terms of Service. However, your contract for the Center Services is only between you and the Center. 

Merbeli acts only as an intermediary between you and the Centers, including acting as the agent for each Center to arrange and conclude your Appointment/Order. 

When you pay for an Appointment/Order on the Merbeli Platform, we receive payment as a commercial agent on behalf of the relevant Center and this discharges your debt to the Center for that Appointment/Order. This doesn't apply to any Pay In-Store Service.

Our Centers' services 

If you use the Merbeli Platform to book or order any Center Services or Products, you also enter into a Center Contract with the relevant Center, including any Center Terms of Sale. 

Centers' provision of Center Services and fulfilling any Appointment/Order is subject to the Center Contract. Merbeli is not a party to the Center Contract you have with the Center. 

Our Center's responsibilities

Our Centers are required to provide Center Services as set out in the relevant Center Contract (including any Center Terms of Sale). 

We require our Centers to ensure that all information provided by them for the Merbeli Platform is accurate, complete and not misleading in any way. Nonetheless, we cannot verify the information which Centers provide to us. It is each Center's responsibility to ensure that all of its Center Services listed on the Merbeli Platform are available and accurately described. The descriptions and/or images of the Center Services on the Merbeli Platform are for illustrative purposes only, and actual Center Services may vary from those descriptions and/or images. 

Your rights

If you are a consumer, you have legal rights in relation to services that are not performed with reasonable care and skill or are otherwise not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or trading standards office. Nothing in these Terms of Service will affect these legal rights.

Using the Merbeli platform

In order to make any Appointment/Order through the Merbeli Platform you may check out as a guest, or you may create a Merbeli Account by signing-up with Merbeli and providing certain information, including your name, mobile telephone number and payment information, and any password you set. 

Providing accurate information

You must provide accurate and complete information to Merbeli, and keep this information up to date through the Merbeli Platform. Merbeli may verify the information that you provide, and may refuse use of the Merbeli Services or Merbeli Platform without providing reasons.

Using Merbeli responsibly

To get the make most of your use of Merbeli, you can

  • Read the Center Contract – Our Centers may add specific terms (for example about deposits, cancellations, refunds, returns, taxes or extra duties). Look for links to any specific Center Contract terms, and read these carefully. 
  • Check out safely – our Center Payment Services are set up to protection your online payment experience Look for the S’ in the beginning of the checkout link (as in https://) to check if it is secure.
  • Research independently – check out reviews (for example, on Google or other trusted review sites) as well as the reviews on Merbeli to see what other people thought of a Center's products or services. 

 

Providing any health or other relevant information

It is your (or the person receiving the Center Services) sole responsibility to communicate in advance any medical or health-related conditions and/or special needs to the Center that might affect or be affected by any Center Services (for example without limitation, allergy information and health matters). This includes checking, prior to purchasing any Product, that it is suitable for you and requesting further information from the Center selling the Product if required. 

If you (or the relevant recipient of the Center Services) fail to disclose any such information to the applicable Center, or fail to check a Product's suitability (including checking with the relevant Center), neither Merbeli nor the relevant Center shall be liable to you (or the recipient of the Center Services) for any injury, loss or damages resulting from the Center Services that could reasonably have been avoided if you (or the recipient of the Center Services) had disclosed (or checked or requested) that information prior to receiving the Center Services.

Service communications

In connection with your use of the Merbeli Services, Merbeli may send you electronic service messages. These electronic messages may be sent for various reasons, including for security purposes (e.g. verifying that your smartphone is connected to the phone number you entered upon registration) and issues related to an Appointment/Order you placed (e.g. if the Center updates an Appointment, or is out of stock of an item you ordered, you may be notified by text message).

You agree to receive automated text messages from Merbeli and its Centers at the phone number you provided when registering for the service. You further agree that these messages may include promotional content as well as information about your account and Appointment/Order. Your agreement to receive promotional texts is not a condition of using the service.

For information on how we use your personal information, and about promotional and marketing messages, please refer to our Privacy Policy.

How to make an appointment / order 

The Merbeli Platform allows you to select which Center Services you would like to receive and make an Appointment/Order for that Center Service. You may check and correct any errors before confirming your Appointment/Order. We will disclose any Center Terms of Sale (including any Deposit Policy, Cancellation Policy or No Show Policy) to you prior to your confirmation. Please read and check all details of your Appointment/Order and any applicable Center Terms of Sale before confirming your Appointment/Order.

When you make an Appointment/Order, we (as commercial agent of the Center) will send your request to the Center, and the Center Contract will be formed when we send you a Confirmation. All Center Services shown on the Merbeli Platform are subject to availability. We may accept or reject each Appointment/Order on behalf of the Center. Your Confirmation is your receipt from Merbeli, and will be sent via email or SMS, to the contact information provided in your Merbeli Account, upon confirming an Appointment/Order. If you require a tax receipt, you need to contact the Center directly. 

When you make an appointment, you will need to arrive at the place of business of the Center in order to receive the Center Services. The place of business will be indicated in the Center Terms of Sale.

Vouchers issued by our Centers

Centers may issue Center Vouchers which can be used for Center Services, or our Centers may allow you to purchase Center Vouchers for later use against their services. The Center Vouchers are at the discretion of the Center.

If you purchase a Center Voucher from a Center, this is subject to any Center Terms of Sale provided to you at the time of purchase. Centers' provision and redemption of Center Vouchers is subject to the Center Contract (including any Center Terms of Sale). Merbeli is not a party to the Center Contract you have with the Center, and is not responsible for Center Vouchers. Unless the offer terms state a fixed or minimum period for which an offer will be available, it can be withdrawn at any time, unless you have already placed an order for an Appointment/Order based on the offer and we have sent a confirmation notice. 

Paying for a Center service

Prices and any delivery or processing charges for any Appointment/Order will be as quoted on the Merbeli Platform. 

The final price you pay for an Appointment may be adjusted to reflect any additional goods or services you purchase from the Center at the time of receiving the Center Services. 

Merbeli Centers may also offer discounts that would be reflected on the final amount payable.

Tips

You may wish to tip the Center for your Appointment.  You will be given this option via a notification on the Merbeli Platform following your Appointment.   Any tips are in addition to the purchase price you pay for the Appointment  itself, and are entirely at your discretion.  Merbeli will collect payment on behalf of the Center, as their limited payment collection agent, and payment of the tips shall be considered a direct payment from you to the Center. We'll share your name with the Center when we notify them of the tip.  Subject to payment processing fees, the Center will receive 100% of any (tip) payment you chose to make.

Making payments for Center services

You agree that you will provide Merbeli with a valid method of payment, and that you will pay for all Center Services you purchase from the Center. You may pay for Appointments and Orders via the Merbeli Payment Services or directly with the Center as a Pay In-Store Service.

If you choose to use the Merbeli Payment Services, Merbeli will charge you on behalf of the Center (as its commercial agent) for the total amount of your Appointment/Order (including any applicable taxes and additional fees). To complete the Merbeli Payment Services, we use the payment method you provide to us and in the currency stated in the Confirmation. Currency conversion costs or other charges incurred by you will be borne by you in addition to the payment made to us . When Merbeli receives your payment for the Center Services, this will discharge your debt to the relevant Center for the relevant Appointment/Order. 

You may have the option to select certain Appointments/Orders as a Pay In-Store Service. This means that you may make an Appointment/Order without using the Merbeli Payment Services, and then pay the Center directly for Center Services with cash, credit card, or another payment instrument accepted by the Center. This option will only appear for Centers which enable Pay In-Store Services, and may not appear for some Centers.

Payment processor  

Merbeli uses third-party payment processor (the "Payment Processor") to link the payment card you provide to the Merbeli Platform. The processing of payments or credits, as applicable, in connection with your use of the Merbeli Platform will be subject to the privacy policies, terms and conditions and other terms of our Payment Procesors and your credit card issuer (in addition to these Terms of Service). Merbeli takes reasonable care to ensure that the Merbeli Payment Services are available and functioning at all times, but cannot guarantee continuous, uninterrupted or secure access to the Merbeli Payment Services, nor can we guarantee that the facility is virus or error free. 

Merbeli is not responsible for any errors by the Payment Processor. Access to the Payment Processing may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to provide reasonable notice of any scheduled interruptions and will do what we can to restore the facility as soon as reasonably possible.

Tax

The Center is solely responsible for any indirect taxes (for example sales tax, VAT, GST, or service tax) on the total value of an Appointment/Order, plus any adjustments for additional goods or services sold or discounts applied, where applicable.

Other than VAT or other applicable sales taxes which are included in the price shown on the Merbeli Platform, Merbeli does not charge you taxes on Orders, as the Center Services are provided by the Center, not by Merbeli. If you order via the Merbeli Platform, we will provide a tax invoice via the Merbeli Platform. If you order directly via a Center, the Center shall provide a tax invoice on request.

We add taxes to all Products in an Order, and apply the highest applicable Product tax for shipping, where relevant (i.e. if Products within an Order have different tax rates, the highest tax rate will apply to all Products in that Order).

Appointment changes and cancellations 

 

Rescheduling an Appointment 

If you wish to reschedule your Appointment (e.g. time/date) in whole or in part after you have received a Confirmation, you may do so through the Merbeli Platform or by contacting the relevant Center directly. 

You may only reschedule your Appointment if your Appointment is not due to take place within a time frame (e.g. 24 or 48 hours) determined by the Center and set out in the Center Terms of Sale. The interval between when you may reschedule your Appointment and your scheduled Appointment start time will be determined independently by each Center, and disclosed to you at the time of making your Appointment. You should review and understand the Cancellation Policy before confirming your appointment on the Merbeli Platform. Please note that your ability to reschedule your Appointment will be subject to the Center's availability during the time you wish to reschedule.

Deposits, cancellation and no show policies

In addition to your other legal rights, you may in certain circumstances have the right to cancel a Center Contract as set out in this section of the Terms of Service.

Restrictions on access

Merbeli reserves the right to partially or fully restrict your access to the Merbeli Services or Merbeli Platform where any of the following occur:

  • you have a history of many cancelled Appointments, no shows, refunds, chargebacks, or other transactions that are negative to the experience of our Centers;
  • you fail any credit or fraud prevention check provided by the Merbeli Payment Services;
  • we reasonably suspect fraud or money laundering by you or someone using your Merbeli Account;
  • we reasonably suspect the security of your Merbeli Account has been compromised;
  • you behave inappropriately, abusively, or offensively towards staff of Merbeli or employees of a Center, whether on the phone, through email, through communications within the Merbeli Platform, or in person at the place of business of a Center or breach our Terms of Use;
  • you breach other terms set forth in these Terms of Service, including your promises to us; or
  • we believe, in our reasonable and sole discretion, that your actions are negatively affecting the quality of Merbeli Services.

Further (as Center Services are sold by our Centers and not by Merbeli), our Centers may impose additional restrictions on who may buy and book the Center Services that they offer. In particular, a Center may:

  • restrict your access to their Center Profile;
  • prevent you from making an Appointment/Order with Center Services that they offer; and
  • otherwise restrict your ability to interact with that Center on the Merbeli Platform.

These restrictions are determined solely by the Centers, and we are unable to provide you with access to these Center Services.

Liability

We are not liable to you for the provision or non-provision of the Center Services and / or Products. The Center is responsible for the fulfilment of all Center Services and Products under your Center Contract with them.

Indemnity

You agree to indemnify and release Merbeli (and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their staff members, contractors, agents, officers and directors), from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees and costs) arising out of or related to:

  • your use (or misuse) of the Merbeli Services or Merbeli Platform, including any data or content transmitted or received by you;
  • personal information or any other information or content that is submitted via your customer account, including without limitation misleading, false or inaccurate information;
  • your breach or violation of any term of these Terms of Service or any applicable law, rule or regulation;
  • your violation of any rights of any third party, including Centers;
  • negligent or willful misconduct; or
  • any other party's access and use of the Merbeli Services with your unique username, password or other appropriate security code.

 

Ending these Terms of service

You may terminate your use of the Merbeli services at any time by closing your Merbeli Account via the Merbeli Platform (by following the instructions on Merbeli Platform) and, if you have used the App deleting of the App installed on your device. 

Merbeli may terminate your use of the Merbeli Services at any time without notice and with immediate effect (by disabling your use of the Merbeli Platform) for any reason, including, if you: violate or breach any term of these Terms of service, or in the opinion of Merbeli, misuse the Merbeli Platform. 

General

 

Platform fees

Clients' use of the Merbeli Platform is free of charge. Merbeli reserves the right to introduce a fee for the use of the Merbeli Platform. If Merbeli decides to introduce such a fee, Merbeli will tell you in advance and allow you to continue or stop using the Merbeli services.

The rate of use of the Merbeli Platform by the Centers is indicated at the time of creating an account on the platform. If Merbeli decides to change such fee, Merbeli will notify you in advance and allow you to continue or stop using Merbeli's services.

Updating the service and these Terms of Service

These Terms of Service were last updated on 19 May 2022. 

We may update these Terms of Service from time to time, and will post any changes on this page. Merbeli may modify or replace any of these Terms of Service, or change, suspend, or discontinue the Merbeli Services (including without limitation, the availability of any feature, database, or content) at any time.

We will notify you by posting a notice on the Merbeli Platform, or by sending you notice through the Merbeli Platform, your Merbeli Account or via email. If we make any substantive changes, we will notify you through email, or website pop-ups within our Merbeli Platform.

Your continued use of the Merbeli Platform following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Service, Merbeli grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Merbeli Platform. 

Merbeli may also impose limits on certain features and services or restrict your access to parts or all of the Merbeli Services without notice or liability. Such modification will not apply to any Bookings/Orders already placed.

Need help with anything?

We care about your experience and want to ensure we maintain the highest standards possible. 

If you have any feedback, any questions concerning the Merbeli Platform, or would like to make a complaint about one of our Centers or their Center Services, please:

  • speak to the Center yourself to try and resolve the issue;
  • leave an honest review and/or rating for the Center on the Merbeli Platform to reflect your experience; or
  • email us at info@merbeli.com

If you reach out to us at info@merbeli.com, we may contact the Center to attempt to resolve the issue. If we are unable to resolve the issue following contact with the Center, and if we consider it to be fair in all the circumstances, then we may, at our sole discretion and always as a last resort, elect to give you a refund for the disputed / complained about amount. These refunds will be processed through the Merbeli Payment Services.

While we take all complaints about our Centers very seriously and will always do what we can to help to resolve them, we are not responsible to you for the Center Services and are under no obligation to provide you with a refund or any other recompense if you are dissatisfied with any Center Services.