GENERAL TERMS & CONDITIONS
General Terms and Conditions of HAIR AND GRACES LEICESTER LTD
Introduction
By placing an order on www.hairandgraces.com, you are accepting to purchase a Product and/or a Service on and subject to the following terms and conditions of HAIR AND GRACES LEICESTER LTD. (the “General Terms and Conditions”). The General Terms and Conditions always apply between you and HAIR AND GRACES LEICESTER LTD. When you use or place an order through the website www.hairandgraces.com (the “Site”). The General Terms and Conditions contain important information for you as a customer of HAIR AND GRACES LEICESTER LTD. Please read them carefully, together with our Privacy Policy and Terms of Use. We also recommend you to save or print the General Terms and Conditions, Privacy Policy and Terms of Use, so you can consult them again at a later date.
Article 1 Definitions
Agreement: any arrangement or agreement between HAIR AND GRACES LEICESTER LTD and the Client for the purchase of Products and/or Services, of which the General Terms and Conditions form an integral part.
Client: the consumer or (legal) person acting in the performance of a profession or business who enters into an Agreement withHAIR AND GRACES LEICESTER LTD
General Terms and Conditions: these general terms and conditions of HAIR AND GRACES LEICESTER LTD
HAIR AND GRACES LEICESTER LTD: a private limited company established under British law, and registered with Companies House under company number: 12805066, trading under the trade name ”Hair and Graces”.
Product(s): the product(s) as offered on the Site. Service(s): the service(s) as offered on the Site.
Site: the website www.hairandgracescom and all of its sub-domains. Article 2 Applicability of the General Terms and Conditions
2.1 The General Terms and Conditions apply to all offers and deliveries from, and Agreements with,HAIR AND GRACES LEICESTER LTD unless otherwise explicitly agreed on in writing.
2.2 If the Client declares other provisions or terms applicable in his order, confirmation or through any other communication medium, such provisions will only be binding upon HAIR AND GRACES LEICESTER LTD if and in so far as HAIR AND GRACES LEICESTER LTD has explicitly accepted them in writing.
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Article 3 Prices and information
3.1 All prices as displayed on the Site and on other materials originating from HAIR AND GRACES LEICESTER LTD include VAT and any other taxes and levies imposed by the government, unless stated otherwise on the Site. If the rate of VAT changes between the Client’s order date and the date we supply the Product or perform the Service, HAIR AND GRACES LEICESTER LTD will adjust the rate of VAT that the client pays, unless the Client has already paid for the Product or the Service in full before the change in the rate of VAT takes effect.
3.2 If shipping costs are charged, these will be clearly stated on the Site before the Agreement is concluded. The shipping costs will be displayed separately in the ordering process.
3.3 The content of the Site is composed with the greatest care. HAIR AND GRACES LEICESTER LTD can however not guarantee that all information on the Site is displayed correctly and/or is complete at all times. All prices and other information displayed on the Site and on other materials originating from HAIR AND GRACES LEICESTER LTD may include typographical and/or programming errors. HAIR AND GRACES LEICESTER LTD. is not liable for such typographical and/or programming errors and reserves the right to correct such errors at all times. If HAIR AND GRACES LEICESTER LTD accepts and processes the Client’s order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by the Client as a mispricing, HAIR AND GRACES LEICESTER LTD may end the Agreement, refund any sums paid and require the return of any Products provided.
3.4 The pricing and availability of the Products and the Services may change at any time without further notice. Article 4 Products and Services
4.1 The images of the Products and the Services on our Site are for illustrative purposes only. HAIR AND GRACES LEICESTER LTDis not liable for any deviations between the colour of the actual Product and the colour of the Product as displayed on the Site.
4.2 HAIR AND GRACES LEICESTER LTD may change the Product at any time and without further notice (i) to reflect any changes in relevant laws and regulatory requirements and (ii) to implement minor technical adjustments and improvements. These changes will not affect the Client’s use of the Product.
4.3HAIR AND GRACES LEICESTER LTD may suspend, cancel or change the Services at any time and without further notice. The Services are only provided to customers in the European Union, United Kingdom and United States, unless explicitly stated otherwise in writing by HAIR AND GRACES LEICESTER LTD
Article 5 Conclusion of the Agreement
5.1 The Agreement will be deemed to be concluded at such moment that the Client accepts the offer of HAIR AND GRACES LEICESTER LTD by clicking the “BUY” button on the checkout page of the Site, which offer is subject to the General Terms and Conditions.
5.2 After the Client has accepted the offer by electronic means,HAIR AND GRACES LEICESTER LTD will confirm receipt of acceptance of the offer by electronic means.
5.3 If it is found that, in accepting or otherwise entering into the Agreement, the Client has provided incorrect data, HAIR AND GRACES LEICESTER LTD. will have the right to suspend its obligations until the correct data has been received from the Client.
5.4 HAIR AND GRACES LEICESTER LTD expressly reserves the right to reject a Client’s order without stating reasons.
5.5 HAIR AND GRACES LEICESTER LTD prohibits the sale of Products and Services by unauthorised resellers and does not sell or supply Products or Services to unauthorised resellers. An order placed by an unauthorised reseller will be rejected without stating reasons and the concerning Client may be excluded by HAIR AND GRACES LEICESTER LTD. from the Site.
Article 6 Execution of the Agreement
6.1 As soon as HAIR AND GRACES LEICESTER LTD has received a Client’s order and has confirmed the acceptance thereof, it will hand over the Products to the shipping company as selected by the Client during the ordering process. The shipping company will deliver the Products to the Client
6.2 HAIR AND GRACES LEICESTER LTD is authorised to engage any third parties in the fulfilment of its obligations under the Agreement.
6.3 The Site includes information describing the manner of delivery of the Products and an estimation of the term in which the Products will be delivered to the Client.
6.4 If HAIR AND GRACES LEICESTER LTD is unable to deliver the Products within thirty (30) days after the confirmation of acceptance of the order, it will notify the Client accordingly. In such event, the Client has the right to either agree to a new delivery date or to dissolve the Agreement without incurring any costs, and the Client will receive a refund for any products paid for but not received. HAIR AND GRACES LEICESTER LTD is not liable for any delay in the delivery process.
6.5 HAIR AND GRACES LEICESTER LTD. advises the Client to inspect the products upon receipt and to report any defects within two 2 working days after delivery in writing or by email, and in any case within a reasonable period of time after discovering the defect.
6.6 As soon as the Product has been delivered to the delivery address submitted by the Client, the risk of the Product fully transfers to the Client, without prejudice to any rights consumers may have.
6.7 If the ordered product is out of stock or can no longer be supplied for any other reason, HAIR AND GRACES LEICESTER LTD may cancel the order by notifying the Client or deliver a Product that is comparable in nature and quality to the ordered Product. In that case, the Client will have the right to dissolve the Agreement without incurring any costs and the client may return the comparable Product free of charge within fourteen (14) days after the Product has been delivered to the Client.
Article 7 Right to withdraw
7.1 The Client has the right to return the Product within fourteen (14) days after the Product has been delivered to the client. The Client must bear the costs for shipping the Products to HAIR AND GRACES LEICESTER LTD
7.2 The Client must inform HAIR AND GRACES LEICESTER LTD of its wish to return the Product by sending an e-mail to [email protected], by filling out the model cancellation form (to be found at the end of these General Terms and Conditions) or in any other unambiguous way within the aforementioned period of fourteen (14) days after the Product has been delivered to the Client. This notification must include the following information: order number, name, phone number, e-mail address and delivery address. After receipt of the notification. The Client will have fourteen (14) days to return the Product to HAIR AND GRACES LEICESTER LTD
7.3 Insofar reasonably possible, returned Products must be sealed, unused, undamaged and returned in its original unopened packaging with its original packing slip. Returned Products that do not satisfy all of the aforementioned conditions, cannot be accepted due to health protection and hygiene reasons.
7.4 The Client is responsible for the chosen shipping method for the return of the Product. The risk of the Product will transfer to HAIR AND GRACES LEICESTER LTD when HAIR AND GRACES LEICESTER LTD has received the Product. This means that HAIR AND GRACES LEICESTER LTD is not responsible for any returns which are (for example) lost and/or damaged during transport when being returned. We therefore advise you to choose for registered shipment, request tracking information and ensure the package containing the returned Product(s). HAIR AND GRACES LEICESTER LTD does not make any exceptions to this policy.
7.5 HAIR AND GRACES LEICESTER LTD will confirm receipt of the returned Product upon receipt. Within fourteen (14) days of being notified that the Client wishes to return the Product,HAIR AND GRACES LEICESTER LTD will refund the total purchase price (including shipping costs) to the Client, provided that HAIR AND GRACES LEICESTER LTD has received the returned Product itself or Client is able to proof shipment of the Product. If Client has chosen for a shipping method that was more expensive than the “standard shipping method”, HAIR AND GRACES LEICESTER LTD will only reimburse the price of the “standard shipping method”.
Article 8 Payment
8.1 The Client shall pay the amounts due to HAIR AND GRACES LEICESTER LTD in accordance with the ordering process and through the payment method selected on the Site. HAIR AND GRACES LEICESTER LTD is free to offer any payment method of its choice and may change these payment methods at any time.
8.2 Any refunds will be provided by the method used by the Client for payment, unless agreed otherwise. Article 9 Warranties and Conformity
9.1 HAIR AND GRACES LEICESTER LTD warrants that the Products are suitable for their intended use, as described on the Site. Additional warranty terms for Hair and Graces tools may apply as described in the warranty section of the user manual which can be found included with the product and/or on the product page on the website.
9.2 If the delivered Product fails to comply with the Agreement, the Client must notify HAIR AND GRACES LEICESTER LTD thereof in writing (which includes e-mail) within a reasonable period of time, where a notification within two (2) months after the consumer has discovered the defect will be considered reasonable. Such notification must contain a description of the defect in as much detail as possible, in order to enable HAIR AND GRACES LEICESTER LTD to provide an adequate response and/or take adequate action.
9.3 If a Product fails to comply with the Agreement and the Client has correctly notified HAIR AND GRACES LEICESTER LTD thereof in writing within a reasonable period of time, the Product concerned will be repaired, replaced or (partially) refunded, such in consultation with the Client. HAIR AND GRACES LEICESTER LTD will pay the costs of return and other shipping costs in case of faulty or misdescribed Products.
9.4 HAIR AND GRACES LEICESTER LTD only offers warranties on Products purchased on the Site or from an authorised reseller and accompanied by a valid receipt or proof of purchase. If a client purchases a Product from an unauthorised reseller, the warranty will not be valid. Please be aware that there are some websites or dealers (e.g. on Amazon) who claim to be authorised resellers but are not. Products sold on these websites or from these dealers do not carry a warranty from HAIR AND GRACES LEICESTER LTD. When purchasing Products from an unauthorised website, you are taking a risk because these Products may be counterfeit, used, defective, or may not be designed or fit for use in your country. Please ensure that you only purchase products through the Site or from an authorised reseller. If you have any questions about authorised resellers, please contact us. This disclaimer is without prejudice to any rights consumers may have and to the extent permitted by applicable law.
Article 10 Complaints handling procedure
10.1 If the Client has any grievances in connection with a Product or Service (in accordance with article 9 entitled, “Warranties and Conformity”), or regarding any other aspects of the Site or service of HAIR AND GRACES LEICESTER LTD it can submit a complaint by email or in writing. The contact details of HAIR AND GRACES LEICESTER LTD are provided at the end of these General Terms and Conditions.
10.2 HAIR AND GRACES LEICESTER LTD will respond to the complaint as soon as possible, and in any case within seven (7) days after receipt of the complaint. If HAIR AND GRACES LEICESTER LTD is unable to formulate a substantive response to the complaint within such period, HAIR AND GRACES LEICESTER LTD will confirm receipt of the complaint within seven (7) days after receipt of the complaint and give an indication of the term within which it expects to be able to give a substantive or definitive response to the Client.
Article 11 Liability
11.1 For consumers. To the extent allowed under applicable mandatory law, the total liability of HAIR AND GRACES LEICESTER LTD in respect of the Client due to an attributable failure to perform the Agreement is limited to a compensation which does not exceed the price stipulated for that particular Agreement (including VAT and shipping costs). HAIR AND GRACES LEICESTER LTD is not liable for any indirect or damages or losses, including, without limitation, consequential damages, lost profits, lost savings, loss of data and damage due to business interruption.
HAIR AND GRACES LEICESTER LTD does not exclude or limit in any way its liability to the Client where it would be unlawful to do so.
11.2 For persons acting professionally. To the extent permitted by applicable law, HAIR AND GRACES LEICESTER LTD is not subject to any liability, irrespective of the grounds upon which an action or proceeding may be based. The restrictions set out in this article 11.2, will cease to apply if and insofar as the damage or loss is the result of an intentional act or gross negligence on the part of HAIR AND GRACES LEICESTER LTD is not liable for any indirect damages or losses, including, without limitation, consequential damages, lost profits, lost savings, loss of data and damage due to business interruption.
11.3 To the extent permitted by applicable law, and without prejudice to any rights consumers may have, HAIR AND GRACES LEICESTER LTD will only be liable to the Client on account of an attributable failure in the performance of an Agreement if the Client issues a written notice of default to HAIR AND GRACES LEICESTER LTD without delay, stipulating a reasonable period of time in which HAIR AND GRACES LEICESTER LTD has the possibility to remedy the default, and HAIR AND GRACES LEICESTER LTD fails to cure the default within such period (unless the default cannot be remedied). The notice of default must contain a description of the default in as much detail as possible, in order to enable HAIR AND GRACES LEICESTER LTD to provide an adequate response and/or take adequate action.
11.4 Any event giving rise to compensation is always subject to the condition that the Client reports the damage or loss in writing to HAIR AND GRACES LEICESTER LTD as soon as possible, but no later than within thirty (30) days after the damage or loss has arisen.
11.5 HAIR AND GRACES LEICESTER LTD is not liable for any failure or delay in the performance of its obligations under the Agreement or any damage or loss the Client has incurred caused by force major, meaning any event beyond the reasonable control of HAIR AND GRACES LEICESTER LTD or any third parties engaged by HAIR AND GRACES LEICESTER LTD to fulfil its obligations under the Agreement, including but not limited to strikes, work stoppages, theft, sabotage, fraud, accidents, acts of war or terrorism, civil or military disturbances, flu outbreaks, plagues, pandemics, epidemics, quarantine restrictions, acts of government, nuclear or natural catastrophes or acts of God, and any interruptions, failure, loss or malfunctions of utilities, communications, computer (software and hardware) services, telecommunications, data communications or related services, to the extent permitted under applicable law. This includes amongst others (and without limitation) the event that any third party engaged by HAIR AND GRACES LEICESTER LTD is not able to fulfil its obligations due to a force major event.
12.1 As long as HAIR AND GRACES LEICESTER LTD has not received full payment for the Products,HAIR AND GRACES LEICESTER LTD will retain the ownership of the products. The Client will own the Product after HAIR AND GRACES LEICESTER LTD has received payment in full.
12.2 HAIR AND GRACES LEICESTER LTD may suspend its obligations until payment has been received in full. Article 13 Personal details
13.1 HAIR AND GRACES LEICESTER LTD will process the Client’s personal data in accordance with the Privacy Policy, Cookie Policy and Terms of Use as published on the Site.
Article 14 Final provisions
14.1 The General Terms and Conditions and the Agreement are exclusively construed in accordance with and shall be exclusively governed by British law..
14.2 In the event that any of the provisions contained in the General Terms and Conditions will be deemed invalid or unenforceable, then the remaining provisions shall be construed as if such invalid provisions were not contained herein; and such invalid or unenforceable provisions will then be deemed to have been replaced by a provision which as closely as possible meets the intention of HAIR AND GRACES LEICESTER LTD. when inserting the original provision.
14.3 In the event of any conflict or inconsistency between the provisions in these General Terms and Conditions and the Agreement, the provisions of the Agreement will prevail.
14.4 HAIR AND GRACES LEICESTER LTD has the right to make changes to these General Terms and Conditions. We will notify Clients if such changes are significant and/or have an adverse effect on Client’s rights and obligations under the Agreement. In case of significant or adverse changes, the Client will have the right to end the Agreement before the changes take effect and receive a refund for any Products and/or Services paid for but not received.
Article 12 Retention of title
CONTACT DETAILS
(MODEL CANCELLATION FORM)
Should you have any questions, complaints or comments after reading the General Terms and Conditions, or if you need to provide us with notice, please contact us by email or in writing.
Hair & Graces
196 Gwendolen Road, Leicester, LE5 5FN
United Kingdom
Company Number: 12805066
These General Terms and Conditions were last amended on December 7th 2020.
(Complete and return this form only if you wish to withdraw from the contract)
To:………………..
Hair & Graces
196 Gwendolen Road, Leicester, LE5 5FN
United Kingdom