In this document the following words shall have the following meanings:
1.1 “Agreement” means these Terms and Conditions;
1.2 “Customer” means the organisation or person who purchases goods and/or services from the Supplier;
1.3 “Offer” means the offer of goods and/or services made by the Supplier; this may take the form of an offer made on its website or by any other means;
1.4 “Supplier” means Hair Development (U.K.) Limited (Company Number 02213489) of Suites 17 & 18 Riverside House, Lower Southend Road, Wickford, Essex SS11 8BB, whose general business operating address is 247 Mile End Road, London E1 4BJ.
2.1 These Terms and Conditions shall apply to all contracts for the supply of goods and/or services by the Supplier to the Customer.
2.2 Before the commencement of the services the Supplier shall submit to the Customer an Offer which shall specify the goods and/or services to be supplied and the price payable.
2.3 The Supplier shall use all reasonable endeavours to complete the services within estimated time frames but time shall not be of the essence in the performance of any services. The Supplier shall not be liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the goods or services.
2.4 The contract between the Supplier and the Customer shall be formed when payment is made by the Customer to the Supplier.
3 PRICE AND PAYMENT
3.1 The price for the supply of goods and/or services is as set out in the Offer.
3.2 Payment shall be made before performance of the supply of goods or commencement of services by the Supplier.
4 SPECIFICATION OF THE GOODS AND OR SERVICES
4.1 The specification shall be in accordance with that detailed in the Offer and shall generally but not exclusively consist of the supply of goods for the purposes of providing hair extensions or hair replacement and or the provision of services in the form of courses. All goods and/or services shall be required only to conform to the specification in the Offer. For the avoidance of doubt no description, specification or illustration contained in any product pamphlet or other sales or marketing literature of the Supplier and no representation written or oral, correspondence or statement shall form part of the contract.
All risk in the goods shall pass to the Customer upon delivery.
6 CUSTOMER`S OBLIGATIONS
6.1To enable the Supplier to perform its obligations under this Agreement the Customer shall:
6.1.1 co-operate with the Supplier;
6.1.2 provide the Supplier with any information reasonably required by the Supplier;
6.1.3 To only make payment using the Customer’s own credit/debit card or, if using a card belonging to another individual, with their express permission; and
6.1.4 comply with such other requirements as may be set out in the Offer or otherwise agreed between the parties.
6.2 The Customer shall be liable to compensate the Supplier for any expenses incurred by the Supplier as a result of the Customer’s failure to comply with Clause 6.1.
6.3 The Customer shall warrant to the Supplier that they are over the age of 18 and are legally capable of entering into a binding contract.
6.4 The Customer shall warrant that they have read and agreed to the provisions of this Agreement prior to placing an order with the Supplier.
6.5 The Customer shall not download or reproduce any images, graphics design or similar for its own commercial use. The Customer may, with written consent of the Supplier, use such material for personnel use or reference.
7 ALTERATIONS TO THE OFFER
The Supplier reserves the right to change the prices offered for the provision of any goods or services detailed on its website or by any other means. This may apply to orders from outside the UK as the Offer may need to be adjusted to account for shipping costs incurred by the Supplier.
8.1 Subject to any specific warranties detailed in the Offer, the Supplier warrants that as from the date of delivery for a period of 3 months the goods and all their component parts, where applicable, are reasonably free from any defects in design, workmanship, construction or materials. When considering this clause 8.1, in the event that the product contains human hair, this material is by its nature highly variable and any perceived imperfections due to this variability shall specifically be excluded from this warranty.
8.2 The Supplier warrants that the services performed under this Agreement shall be performed using reasonable skill and care, and of a quality conforming to generally accepted industry standards and practices.
8.3 Except as expressly stated in this Agreement, all warranties whether express or implied, by operation of law or otherwise, are hereby excluded in relation to the goods and/or services to be provided by the Supplier.
9 TRADE ONLY CUSTOMERS
9.1 This clause 9 only applies were the Customer is a business (including self employed persons acting independently or on a chair hire arrangement or similar) acting in the capacity of a hairdresser or hair extension provider or hair replacement technician or similar.
9.2 A trade only Offer shall be detailed exclusive of VAT and VAT shall be added at the applicable rate at the time of the Customer’s order; all in accordance with applicable regulations.
9.3 The Customer shall warrant that the person using any goods detailed in the Offer is suitably qualified and competent to use the goods. The Supplier is entitled to request suitable proof of qualifications or proof that the Customer is a business and may at its sole discretion refuse to supply any Customer that it believes does not conform to the requirements of this clause 9.3. The Supplier shall accept no liability in the event that any of its products are used by unqualified or incompetent staff, including but not limited to claims for injury or damages.
9.4 The Customer shall warrant that they have suitable and current insurance for their business and shall indemnify the Supplier against the value of any claims brought against it by a third party in the event that the Supplier’s liability has increased as a result of the Customer’s failure to maintain insurance.
9.5 The Customer may use information provided by the Supplier, including details on the Supplier’s web site but it is the Customer’s responsibility to ensure that the goods that they are ordering are suitable for their requirements. Colours of products may not be identically represented on photographs due to camera or monitor settings and products made from natural hair may vary slightly in colour depending on factors such as illumination.
10. RETAIL CUSTOMERS
10.1 This clause 10 only applies were the Customer is not a business.
10.2 A retail Offer shall be detailed inclusive of VAT.
10.3 The Supplier shall not be held responsible for the way in which the Customer uses the goods once they have been delivered. The Customer shall ensure that they put the goods in correctly, care for the goods correctly and do not damage the goods, for example by colouring, perming or cutting. The Customer shall ensure that they read any instructions before using the goods and ensure that they understand them. The Supplier recommends that only suitably qualified personnel apply the Supplier’s products and the Supplier is able to provide suitable training through its courses that may be booked through its website.
11.1 The Customer may return unwanted goods within 7 days. In the event that the Offer includes for other promotional items or free gifts, then these shall also be returned with the unwanted goods. Returned goods shall be unopened, unused and in resalable condition. Postage charges may be added in the event that unwanted goods are exchanged.
11.2 If the goods delivered are not in accordance with the Offer, then the Customer shall notify the Supplier within 4 days. The Supplier shall replace incorrectly delivered items with the correct goods and reimburse the Customer for any reasonable postage charges incurred by the Customer.
11.3 Proof of postage shall not be considered as proof of receipt by the Supplier and any refund is conditional upon the Supplier receiving returned goods.
11.4 All returns shall be accompanied with a copy of the Supplier’s invoice, the Customer’s name and address and detail the reason for the returns.
11.5 Subject to clauses 11.1, 11.2, 11.3 and 11.4, the Supplier shall issue a refund for returned goods within 10 days of receipt of the returned goods by the Supplier.
TheSupplier shall not pass on any details relating to the Customer’s information to any third party except in relation to the proper execution of the performance of the provision of the goods and/or services and the protection of its rights under the provisions of the Agreement.
The Customer shall indemnify the Supplier against all claims, costs and expenses which the Supplier may incur and which arise, directly or indirectly, from the Customer’s breach of any of its obligations under this Agreement, including any claims brought against the Supplier alleging that any goods and/or services provided by the Supplier in accordance with the Offer infringes a patent, copyright or trade secret or other similar right of a third party.
14 LIMITATION OF LIABILITY
14.1Except in respect of death or personal injury due to negligence for which no limit applies, the entire liability of the Supplier to the Customer in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the price paid by the Customer to which the claim relates.
14.2 In no event shall the Supplier be liable to the Customer for any loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable or the Supplier had been made aware of the possibility of the Customer incurring such a loss.
15 FORCE MAJEURE
The Supplier shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, or the delay or failure in manufacture, production, or supply by third parties of equipment or services, and the Supplier shall be entitled to a reasonable extension of its obligations after notifying the Customer of the nature and extent of such events.
If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction such provision shall be severed and the remainder of the provisions herein shall continue in full force and effect as if this Agreement had been agreed with the invalid illegal or unenforceable provision eliminated.
The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions of this Agreement.
Any notice to be given by either party to the other may be served by email, fax, personal service or by post to the address of the other party or to such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent, if sent by fax shall be deemed to be served on receipt of an error free transmission report, if given by letter shall be deemed to have been served at the time at which the letter was delivered personally or if sent by post shall be deemed to have been delivered in the ordinary course of post. In addition, communication will by necessity be made in the form of electronic communication via the Supplier’s Website and may take the form of postings thereon; for the purposes of this Agreement, the Customer agrees that this form of communication shall be deemed to be in writing.
19 ENTIRE AGREEMENT
This Agreement contains the entire agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written. Unless expressly provided elsewhere in this Agreement, this Agreement may be varied only by a document signed by both parties.
20 NO THIRD PARTIES
Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.
21 GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.