Terms & Conditions
Introduction
These Terms and Conditions apply from 01 August 2008. Please read these Terms and
Conditions carefully before using the Website.
Definitions
In these Terms and Conditions, the following terms have the meanings set out in this clause:
“Content” |
the content, materials, information (including details, descriptions and prices), documents, graphics, descriptions, colours, specifications, sounds and photographic or video images concerning the Products and the services provided via the Website published on the Website from time to time. |
“Products” |
the hair care and styling products advertised on the Website. |
“Privacy Statement” |
the privacy statement of the Website as published on the Website as the same may be amended or replaced from time to time in accordance with its terms. |
“Terms and Conditions” |
these legally binding terms and conditions which may be amended or replaced from time to time in accordance with their terms. |
“Visitors” |
Visitors to the Website who may wish to purchase Products advertised on the Website. |
“Website” |
our site, found at www.myhairproduct.co.uk. |
“we, us or our” |
myhairproduct.co.uk |
Interpretation
1. Words importing the singular include the plural and words importing the masculine
include the feminine and neuter and vice versa.
2. Headings to clauses are for information only and do not form part of the operative
provisions of these Terms and Conditions and shall be ignored in construing the
same.
3. References to a person include any body corporate or unincorporated.
4. From time to time includes at any time and for the time being.
Acceptance of Terms and Conditions
These Terms and Conditions, together with our Privacy Statement, constitute a legally binding
agreement between you and us in respect of the Website. These Terms and Conditions
apply to you as Visitors using the Website for the purpose of viewing Products.
You may only use the Website in accordance with these Terms and Conditions. By using the
Website you agree to be bound by these Terms and Conditions in full. If you do not accept
these Terms and Conditions in full you must leave the Website immediately. It is a condition
of your continued use of the Website that you will not use the Website for any purpose that is
unlawful or otherwise prohibited by these Terms and Conditions.
You must not introduce to the Website any computer viruses, Trojan horses, worms,
corrupted data or other malicious software or harmful data or any other computer code, files
or programs that is technically harmful or designed to interrupt, destroy or limit the
functionality of any computer software or hardware or telecommunications equipment or
designed for fraudulent, unlawful, dishonest or improper activity.
Privacy Statement
Please review our
Privacy Statement for more information regarding our practices of
processing and protecting your personal data. Your use of the Website signifies your
acknowledgement of and agreement with our
Privacy Statement.
Copyright protection
All copyright, trade marks and all other intellectual property rights in the Website, its software
and Content, anywhere in the world, are owned by us or the relevant licensors as permitted
by law and are or may be protected by copyright, trademarks, patents and other proprietary
rights and protections.
You must not infringe any of our intellectual property rights. In particular, you must not, other
than for your private personal, non-commercial use, use or copy all or any part of Website, its
software or content without our prior written approval.
You are hereby granted a non-exclusive, revocable licence to view, use, print and download
Content from the Website for your private personal, non-commercial use only. Any rights not
expressly granted in these Terms and Conditions are reserved.
Unavailability of the Website
We will endeavour to make the Website available on a continuous basis. However we cannot
warrant that the function of the Website or the Content will be uninterrupted or error free, nor
can we guarantee continuous access to the Website. There may be times when the Website
or the services we provide on it becomes inaccessible as a result of technical difficulties
experienced by us or on the Internet, such as system failure, maintenance or repair or for
reasons beyond our control, and we will not be liable if this is the case. We will, however, use
reasonable skill and care to overcome these difficulties where they are within our control.
We reserve the right to alter, suspend or remove (temporarily or permanently) all or any part
of the Website without notice at any time where we have legal, commercial or technical
reasons to do so and we will not be liable to you for any such alteration, suspension or
removal.
We reserve the right to restrict or suspend your access to all or part of the Website and/or
your use of the services we provide on it at any time for any reason. In particular we will do
so if we reasonably believe you are in breach of these Terms and Conditions.
We do not warrant or guarantee that the Website, or the server that makes it available, is free
of viruses or other harmful devices and we will not be liable if this is the case.
Links
The Website may contain links or references to other sites that are outside of our control. A
link to another website is not an endorsement of such site and we are not responsible for the
content or availability of any other website.
Content of the Website
The Content published on the Website is provided to give you an approximate description of
the Products. We do not guarantee or warrant that the Content of the Website (or of websites
to which we provide links) is complete, accurate or current.
We aim to provide information on the Products that is as accurate and up to date as possible
and will take all reasonable steps to ensure that all information on the Products appearing on
the Website is accurate at the time when the relevant information is added to the Website.
However, the information appearing on the Website at the time that you place an order may
not always reflect the Product exactly and we cannot be held responsible for changes to
Products made by the relevant manufacturer.
In no circumstances will we be liable in any way for, and we specifically exclude any and all
liability arising from or in connection with, any of the Content published on the Website,
including, but not limited to, any inaccuracies, errors or omissions contained therein.
We do not guarantee that the Website will meet your requirements, including (without
limitation) as to any of its features or Content.
We do not guarantee or warrant the fitness of any Product for any particular purpose, which
you should check with the relevant manufacturer prior to purchase.
Orders
In order to purchase Products through this website and to contract with us you must be at
least 18 years of age. If you are under 18 years of age and have any questions or concerns
about the Website, please seek guidance from a parent or guardian.
On placing an order you must provide us with all personal information requested. Incorrect
information may cause a delay in processing your order. Your order will only be processed
once authorisation of your credit card has been properly received.
You will receive confirmation of your order from us via email. This does not conclude the
contract between us. When you place your order with us, this represents an offer to us to
purchase the relevant Products. We may not accept your order, inter alia, if an item you have
ordered is out of stock or we are unable to obtain authorisation for or clearance of your
payment.
Completion of the contract between you and us will take place and title to the products will
pass to you when we have dispatched the Products ordered by you. You will become the
owner of the Products you have ordered when the Products are dispatched to you from our
premises in Guernsey. Risk in the Products you have ordered will pass to you upon delivery.
Price
The price payable for the Products will be stated on the Website at the time when you place
your order. All prices stated are in pounds sterling. Occasionally the price published for the
Products may be wrong. If that is the case we have the right to refuse to accept and to cancel
any orders placed at the incorrect price. We will inform you of the correct price and give you
the opportunity to renew your order for the Products.
Payment
We take payment via the Website using all major credit and debit cards including Visa,
Mastercard and Switch. We use the services of a payment service provider (currently [ ]).
[insert any wording suggested by your payment service provider]. In this case your order for
Products will go live immediately payment is authorised.
Delivery
Subject to availability we aim to dispatch orders for Products within [48] hours of authorisation
for or clearance of your payment, other than orders received on weekends or Bank Holidays.
Products ordered together may be delivered in one or more parts.
Currently we only dispatch Products to certain countries within Europe at our discretion. We
send the Products you order via [1st Class post]. We do not warrant or guarantee the time for
delivery and we do not accept any liability whatsoever for delayed delivery.
Prices stated on the Website are exclusive of delivery charges which will be added to the
price of the Products at the checkout.
Refunds and Returns
You should inspect a Product immediately upon delivery to you. You will be deemed to have
accepted a Product upon delivery unless you notify us in accordance with the following
provisions:
Faulty or Damaged Products: In the event that a Product is unfortunately damaged or faulty at
the time of delivery (excluding any faults or damage caused by accident, misuse or neglect on
your part) you must inform us within 7 days of delivery and we will advise you of the next step.
If Products returned under this clause are found to be without damage or fault, these will be
returned to you and an administration fee of 15% of the price of the Products along with the
cost of carriage will be due and payable by you to us.
In-Correct Products: In the event that we send you an incorrect Product you must inform us
within 7 days of delivery and we will advise you of the next step. Before we dispatch the
correct Product to you you must return the incorrect Product to us.
Non-Deliveries: We will not accept liability for Products lost in the post unless we are informed
of that fact within 7 days of the expected delivery date, which will be 10 days after the date of
our confirmation that the Products have been dispatched.
If you do notify us in accordance with the above provisions our only responsibility will be, at
our discretion, either to replace or repair any Products that are damaged or faulty, to make
good any non-delivery or to refund to you the amount paid by you for the Products in question.
We will not be liable to you for any indirect or consequential loss or damage you may suffer or
incur in connection with the delivery of faulty or damaged Products or in-correct Products or
the non-delivery of Products.
The above provisions do not affect any statutory rights that you may have.
Availability of a Product
Products are subject to availability. If we cannot supply a Product for which you have placed
an order for any reason we will not charge you for that Product. However, we will not be
responsible for compensating you for any other losses or any disappointment you may suffer.
We reserve the right to remove a Product from the Website or to edit or remove any or all of
the Content in respect of a Product at any time without notice if we reasonably consider it is
desirable for us to do so.
Please not that where products are offered at a special price, stock will be limited.
Resale
The Products available on the Website are for personal use only. You must not sell or resell
any of the Products you purchase or otherwise receive from us.
Liability and Indemnity
You acknowledge and agree that you use the Website entirely at your own risk. Except in the
case of our fraud or wilful default, we exclude any and all liability we may have to you relating
to your use of our Website, its availability, its Content, or the services you access through it.
Further we will not be liable to any extent for any special, indirect or consequential loss or
damage whatever or loss of income or profit arising out of or in connection with your use of
the Website.
Our maximum aggregate liability is limited to the greater of £100 or the value of the Products
ordered.
To the extent that any of the exclusions of liability contained herein are invalid or
unenforceable then our liability is limited to the maximum extent permitted by applicable law.
By using the Website you indemnify us, fully and effectually, on demand and hold us
harmless from and against any loss, damage, costs or expenses suffered or incurred by us
arising out of or in connection with:
(i) any breach by you of these Terms and Conditions;
(ii) your use of or conduct on the Website;
(iii) your introduction to the Website of any computer viruses, Trojan horses, worms,
corrupted data or other malicious software or harmful data or any other computer code,
files or programs that is technically harmful or designed to interrupt, destroy or limit the
functionality of any computer software or hardware or telecommunications equipment or
designed for fraudulent, unlawful, dishonest or improper activity; or
(iv) any action you take that imposes an unreasonable burden or load on the infrastructure
of the Website.
You indemnify us, fully and effectually, on demand from and against any loss, damage, costs
or expenses suffered or incurred by us arising out of or in connection with the recovery of
monies you owe to us or the exercise and enforcement of any of our rights.
Internet Communications
The nature of Internet communications is such that your communications to us via the
Website may be susceptible to the inherent risks of Internet communication including the
security risks of interception of or unauthorised access to such communications, the risks of
corruption to such communications and the risk of viruses or other harmful devices. You
acknowledge and accept all such risks inherent in the use of the Internet.
Force Majeure
We will not be liable for failure to deliver Products you have ordered or any delay in doing so
or for any damage or defect to Products delivered that is caused by the occurrence of any
unforeseen event beyond our reasonable control including without limitation Internet outages,
fire, flood, war or act of God.
Governing law
These Terms and Conditions shall be governed by and construed in accordance with the laws
of the Island of Guernsey where our business is based. You hereby submit to the exclusive
jurisdiction of the Royal Court of Guernsey in any actions arising out of your use of the
Website and the provision by us of services via the Website. This applies whether or not you
are using the Website from within Guernsey.
Changes to these Terms and Conditions
We reserve the right to change these Terms and Conditions from time to time and with
immediate effect. We will post any new version of these Terms and Conditions on the
Website and you should check this web page every time you visit the Website to review the
then current Terms and Conditions. In the event that we do change these Terms and
Conditions we will place a notice of that fact on the home page of the Website for a period of
one month following such change.
Notice
If we need to give you any notice, we can do this by emailing you at the last email address
you have provided to us. You are deemed to have received such notice at the time the email
leaves our server.
Any notices to us must be given by email to contactus@myhairproduct.co.uk.
Miscellaneous
These Terms and Conditions and our Privacy Statement constitute the entire agreement
between us and you with respect to the Website.
If any provision of these Terms and Conditions is or becomes unlawful, void or unenforceable,
the continuation in full force and effect of the remainder of the provisions will not be
prejudiced.
No delay or omission by us in exercising any right, power or remedy provided by law or under
these Terms and Conditions will affect that right, power or remedy or otherwise operate as a
waiver of it.
The single or partial exercise by us of any right, power or remedy provided by law or under
these Terms and Conditions will not preclude any other or further exercise of it or the exercise
of any other right, power or remedy by us.
In providing the Products via the Website we act as principal on our own account and not as
agent for you or any other person.
Taxes and Duties
Without accepting any liability or responsibility for the tax or customs liability or position of any
of our Visitors we understand, based on current tax law and revenue practice, that:
(i) Products of a value of £18 or less delivered to the UK are relieved from import VAT.
(ii) Products delivered outside of the UK, may be subject to import duties and taxes, which
are levied once the Products reach the country of destination.
(iii) Products dispatched from Guernsey, cross border may be subject to opening and
inspection by customs authorities.
In respect of all Products delivered to you outside of Guernsey, you are deemed to be the
importer of the Products and must therefore comply with all the laws and regulations of the
territory into which the Products are being delivered and any and all taxes and duties levied in
respect of Products received by you must be borne by you.