Terms & Conditions
HAIRS & GRACES EXTENSIONS LIMITED
Terms and Conditions Please read these terms and conditions (“Terms and Conditions”) carefully as they govern the relationship between us and you and limit our liability to you when you purchase products from us. These Terms and Conditions do not affect your statutory rights as a consumer. By accessing this website and using the services available through it (“the Services”), you are agreeing to be bound by these Terms and Conditions without modification, and to forming a contract with us (“the Contract”) pursuant to the terms and conditions that appear below. References to “you” and “your” are to you as an individual. References to “us”, “our” and “we” and “the Company” are to Hairs & Graces Extensions Limited (company no. 7308104). We recommend to all our customers to print and retain a copy of these Terms and Conditions for future use.
1.Sale of Products
1.1. By making an order you are offering to purchase a product, which we will accept to sell to you on the following Terms and Conditions. All orders are subject to availability and confirmation of the order price by us. Dispatch times may vary according to availability. The Company is entitled, at its entire discretion, to refuse any order made by you. If your order is accepted we will inform you by emailing you or else by telephoning you. When making an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit card, debit card or PayPal account used to make your order and that there are sufficient funds to cover the cost of products ordered. You must inform us of any changes to these details as soon as possible. All prices advertised are subject to change.
2.1. Each order placed by you with us shall be an offer by you to us to buy products subject to these Terms and Conditions. You place an order on the website by selecting an item and following the instructions given and finally by clicking on the confirm button at checkout. You will be able to identify and correct any input errors prior to confirming your order.
2.2. No order you place shall be deemed to be accepted by us until we have received payment from you in full in cleared funds and issued confirmation of the order.
2.3. You must ensure that the terms of your order, including the address for delivery, are complete and accurate.
2.4. All quotations and advertisements for products given on this website are given on the basis that no contract for sale shall come into existence between us and you until we have received payment from you and issued an acknowledgement of your order. Any quotations or advertisements for products given on this website may be altered or withdrawn by us at any time.
2.5. The details of the Contract will not be filed by us, but if you do require any information regarding your order, please contact us.
2.6. The Contract will be concluded in English.
3.Price and Payment
3.1. Unless otherwise agreed between you and us, the price for the products shall be the price advertised on the website as published on the date of the order.
3.2. The price for the products shall be exclusive of any applicable VAT and inclusive of all fees and charges in relation to packaging and insurance, but exclusive of delivery charges, to the delivery address stated in your order.
3.3. Payment for the price of the products shall be due in pounds sterling at the time of the order.
3.4. Time of payment shall be of the essence and no payment shall be deemed to be received by us until it has been received in full and cleared funds.
4.1. All orders will be despatched by registered post or courier (depending on the terms of your order) and delivery of the products shall take place at the delivery address stated in your order.
4.2. We shall endeavour to meet all orders within the following estimated delivery times: (a) If you request a next day delivery service, the products will usually be dispatched by special delivery on the day your order is confirmed, provided that your order is placed before 11 am, and will normally delivered the next day (Sundays excepted) (within the UK mainland). (b) If you do not request a next day delivery service, the products will usually be dispatched by first class recorded delivery and will normally be delivered within two to three working days of the day your order is confirmed (within the UK mainland). (c) If you request a Saturday delivery, the products will usually be despatched by special delivery and will normally be delivered on your requested delivery day (within the UK mainland). (d) Products to be sent outside the UK mainland will usually be despatched by airmail and will normally be delivered within three to six days of the day your order is confirmed, unless you request despatch by courier in which case the products will normally be delivered within one and two days of the day your order is confirmed. The above delivery times are intended to be estimates only and time of delivery shall not be of the essence, and shall not be made of the essence by notice. We shall not be held responsible for any delays encountered by the postal authorities or courier or should you not be at home to receive your order or collect from the courier or postal authorities within the designated timescale, or for any delay in delivery occurring due to matters beyond our reasonable control.
4.3. Subject to the other provisions contained in these Terms and Conditions, we shall not be liable for any direct, indirect or consequential loss (all three terms which include, without limitation, pure economic loss, loss of profits, loss of business, depletion of reputation or goodwill and similar losses), costs, damages or expenses caused directly or indirectly by any delay in the delivery of the products (even if caused by our negligence).
4.4. If, for any reason, you refuse to accept delivery of the products, all risk in the products shall pass to you and we may, at our discretion, charge for return of the products to us, a storage fee and a redelivery fee to another address nominated by you.
4.5. The cost of delivery shall be calculated when you place your order with us and payment shall be due before a dispatch is made.
5.1. You are entitled to a cooling-off period beginning on the day when you place your order and ending seven working days after you receive the products, during which you have the right to cancel your order.
5.2. If you wish to cancel your order, for whatever reason, you should inform us in writing during the cooling-off period (email is acceptable).
5.3. If you have received the products at the time of cancellation of the order then you must return the products to us at your own risk and cost as soon as possible. If you have not received the products at the time of cancellation of the order, but we have already processed them for delivery and they are en route to you, you must not unpack the products when you receive them and you must return them to us at your own cost and risk as soon as possible.
5.4. Once you have notified us that you are cancelling your order, we will refund to you all monies paid by you for the products in question (including delivery costs), except for the return delivery charges, in the same form of payment originally used for the purchase as soon as possible and in any event within 30 days of the cancellation of your order PROVIDED THAT, where the products in question have been delivered to you, if you do not return them to us or return them to us at our expense, we shall be entitled to deduct the direct costs of recovering the products from the amount to be refunded to you.
6.Returns and Refund Policy
6.1. If any order is incorrect, it must be notified to us within seven days of the delivery date.
6.2. In the case of incorrect orders, the products must be returned to us for exchange and we will redeliver the correct order at our own cost.
6.3. All returned goods must be in saleable condition and the hair products must not have been used or handled (for example, packets must not be opened nor the products brushed, worn or have their labels removed etc) for health and hygiene reasons.
6.4. If any products are faulty or defective, they must be returned to us within seven days. We shall replace the products free of charge and redeliver them to you at our own cost.
6.5. Refunds will be considered on individual basis and only in cases where the package has not been opened, used or handled and a replacement cannot be provided (because, for example, the product has been discontinued or is out of stock).
6.6. We want you be entirely happy with your purchase and if, for any reason, you are not completely satisfied with your product, please notify us immediately and return the product to us, at your expense, for exchange within seven days in its original packaging, unopened and unworn.
6.7. Any returned items must not be damaged while in your care or show any sign of being worn. Should the item be returned in breach of these conditions, you will not be given a replacement option and may be liable for re-packaging or product replacement costs.
6.8. When returning your item you must send it within seven days of delivery and by a reputable courier service or special delivery to ensure the safe delivery of the returned product. The courier or postal authorities will provide you with insurance and a tracking number should any delivery dispute arise. Should an item not be sent by a courier service or special delivery, we will not be held liable if the returned products do not arrive and will only replace items that have arrived safely.
7.Limitation of Liability
7.1. These provisions are without prejudice to the other provisions contained in these Terms and Conditions.
7.2. Nothing in these Terms and Conditions shall limit our liability for death or personal injury caused by our negligence or for any matter for which it would be illegal for us to attempt to exclude our liability or for fraud or fraudulent misrepresentation.
7.3. We will not be responsible for the way in which you use or treat any product you purchase from us. Without prejudice to the generality of the foregoing, we will not be liable to you if the product is incorrectly applied, damaged by perming, dyeing or cutting; if your own hair or skin is damaged; if you suffer an adverse reaction to the product or the fixings used to apply it; or if you fail to maintain the product properly. All products sold via this website should only be used by or under the supervision of a trained professional. By entering into the Contract, you: (a) acknowledge that hair extensions may cause hair loss and thinning, scalp irritation and other damage to your hair and skin; and (b) undertake not to hold us liable for any knotting, tangling, matting or damage to your natural hair or the product that result from any failure by you to maintain the product properly.
7.4. Without prejudice to the other provisions of these Terms and Conditions, our total liability in contract, tort (including negligence or breach of statutory duty) misrepresentation, restitution or otherwise, arising in the performance or contemplated performance of the Contract shall be limited to the price of the products in any single order.
7.5. We shall not be liable to you for any pure economic loss, loss of profit, loss of business, depletion of goodwill or reputation, or similar loss in each case whether direct, indirect or consequential, or for any claims for consequential compensation whatsoever (howsoever caused) which arise under or in connection with the Contract.
8.1. This website may contain links to other web sites, web pages and services which are not owned or operated by us (“Linked Sites”). Your use of such Linked Sites will be subject to the terms of service contained within each such site and the respective terms of service will control the use of the respective site. Your link through to such a site will be subject to these Terms and Conditons. You recognise that the Company has no control over such Linked Sites and the information contained in them, and you accept that we provide no guarantee as to the accuracy or reliability of such sites or the information contained in them and you agree that we shall have no responsibility as to whether such links locate unintended or objectionable content or otherwise cause you distress, loss or damage.
9.1. If you breach any provision of these Terms and Conditions and we ignore this, we shall still be entitled to use our rights and remedies at a later date or in any other situation where you breach any provision of these Terms and Conditions.
10.1. We may transfer and/or assign our rights under these Terms and Conditions at any time. This will not affect your rights and/or obligations under these Terms and Conditions. You are not permitted to transfer your rights or obligations under these Terms and Conditions to any other person.
11.1. If any provision of these Terms and Conditions is found by any court, tribunal or administrative body of competent jurisdiction, to be wholly or partially illegal, invalid, void, voidable or unenforceable it shall, to such extent, be deemed to be severable and the remaining provisions of the Terms and Conditions and the remainder of the provision shall continue in full force and effect.
13.1. We reserve the right to vary these Terms and Conditions unilaterally from time to time. You should regularly check and read the Terms and Conditions for any updates and/or amendments. If you do not agree to any of the updates or amendments at any time you should cease to use the Services.
14.Third Party Rights
14.1. We and you do not intend that any provision in the Terms and Conditions shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not party to these Terms and Conditions.
16.1. You will not commit or encourage a criminal offence; send or receive any material which is in any way offensive or obscene, or in breach of confidence, copyright, privacy or any other rights; act contrary to the acceptable use policies of any Linked Sites or community standards generally; transmit or distribute a virus; hack into any aspect of the Services; corrupt data; cause annoyance to us or a third party; infringe upon the rights of any other person’s trademarks or other proprietary rights; send any unsolicited advertising or other promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through our web site. We aim to treat all of our customers with respect and will not tolerate any threatening, abusive or bullying material sent by email or spoken over the telephone. Should such matters arise, we have the legal right to refer the matter to the police.
17.1. We may at any time terminate or suspend any part of the Services without notice to you.
18.1. You agree to indemnify, defend and hold harmless the Company, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from, without limitation, your use of the Services, your breach of these Terms and Conditions, your infringement of any intellectual property right or any other right of any person or entity, or your breach of any duty of confidence or privacy, or any defamatory statements made by you in any form.
19.1. The intellectual property rights in all software made available and content supplied to you in connection with your use of the Services remains the property of the Company and/or our licensors, advertisers and/or content suppliers. You will comply with the terms of any agreement required by the owner of intellectual property rights in all software and content supplied to you as notified to you and you hereby acknowledge that all software that is not made readily available to you is confidential, and that all other rights including but not limited to database rights and copyright are asserted and reserved by the Company its licensors, advertisers and content suppliers. You may store, manipulate, analyse, reformat, print and display the content supplied solely for your own personal use. In no event are you permitted to publish, distribute or otherwise reproduce in any format any of the content or copies of the content supplied to you or which appears on our website and you are prohibited from using any such content in connection with any business or commercial enterprise including, without limitation, any media business or enterprise. You must not modify, translate, reverse engineer, decompile, disassemble (except to the extent that applicable laws expressly or impliedly prohibit such restriction) or create derivative works based on any software or any documentation accompanying such software supplied by the Company, its licensors, advertisers or content suppliers.
20.1. The Company is providing this website on an “as is” basis and makes no representations or warranties of any kind, whether express or implied, in relation to this website or its content and disclaims all such representations and warranties. In addition, the Company makes no representations or warranties about the accuracy or completeness of the information on this website, and you should satisfy yourself that any product choice that you make is suitable for its intended purpose or use. The information contained in this website may contain technical inaccuracies or typographical errors. All liability of the Company howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
21.1. If you have a complaint, please contact us immediately. Any complaint will be dealt with fairly, effectively and confidentially. Any complaints will be dealt with within seven working days.
22.1. All notices from you to us should be given by post to us at the address set out below.
22.2. All notices from us to you will be delivered by email to the address given by you when placing your order.
We can be contacted at our principal place of business which is: 40 Green Acres Bartley Green Birmingham B32 3BF Telephone: 0800 619 00 58 Email: [email protected] We can be contacted by telephone or email between 9 a.m. and 5 p.m. Monday to Friday (excluding bank holidays).
Company registration number: 07308104 VAT
registration number: 109907892
24.Governing Law and Jurisdiction
24.1. The Contract will be governed by the laws of England and you and we will both submit to the exclusive jurisdiction of the courts of England.