The Eyelash Emporium Limited – Terms of Sale
PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN LEGALLY BINDING OBLIGATIONS.
PLEASE PRINT AND RETAIN A COPY OF THESE TERMS AND YOUR ORDER FOR FUTURE REFERENCE.
These terms of sale apply to the sale of all products (‘Products’) by The Eyelash Emporium Limited (‘us’, ‘we’, ‘our’) which are made either via our website at www.eyelashemporium.co.uk (our ‘Site’) or via the telephone. Where you purchase Products as a consumer (i.e. for your own personal use and not for resale or other use in the course of business) (‘Consumer’), your statutory rights are not affected.
1.1 Any order placed by you constitutes only an offer by you to buy the Products you have selected and places no obligation on us to provide those Products. When we receive your order, we will send you an e-mail (or emails) acknowledging that we have received your order and/or setting out the details of your order (including the applicable charges). These e-mails only confirm the details of your order and the fact that your order has been received. They do not comprise acceptance of your order and must not be construed as such.
1.2 A contract between you and us (‘Contract’) will only be formed if/when we (i) expressly accept your order in writing or (ii) despatch the ordered Products to you (each, ‘Acceptance’ or ‘Accepted’). Each Contract will relate only to those Products we have Accepted. We will be under no obligation to supply any Products until Acceptance. All orders are subject to acceptance by us in our absolute discretion.
2. Your Status
By placing an order with us, you warrant that you are authorised and/or entitled to enter into legally binding contracts with us and that in doing so you will not breach any law or any obligation to any third party. If you are an individual, you represent and confirm that you are at least 18 years of age and that you will use the Products in strict accordance with all guidance and other requirements issued by us (including any set out on our Site) and (if applicable) any usage requirements or conditions specified by the Product manufacturer. We will only accept orders for any adhesives, or any Product containing any adhesives, from appropriately qualified Professionals (as defined in clause 7) and if you place an order for any such Product, you represent and confirm that you are a Professional and that you will use the adhesives in strict accordance with our requirements, including those set out on our Site and in clause 7 below.
3. Our status
We are a UK limited company (registered no. 06744593) with our registered office at 5 Waterside, Station Road, Harpenden, Hertfordshire, AL5 4US.
4. Product Description and Price
4.1 We have taken reasonable care to describe all Products as accurately as possible. However, slight variations in description may occur.
4.2 The price of any Products will be as quoted on our Site from time to time, except in cases of obvious error. Our prices include VAT (if applicable) but exclude delivery costs, which will be added to the total amount due in accordance with our delivery charges in force from time to time.
4.3 Prices are liable to change at any time, but subsequent changes will not affect Accepted orders.
4.4 It is always possible that, despite our best efforts, some of the Products listed on our Site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures, so that where a Product's correct price is less than our stated price we will charge the lower amount when dispatching the Product to you. If a Product´s correct price is higher than the price stated on our Site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
4.5 We are under no obligation to provide the Product to you at an incorrect (lower) price, even after Acceptance, if the pricing error is obvious and/or could have reasonably been recognised as a mis-pricing.
Payment for all Products must be by credit or debit card, PayPalor by any of the other payment options specified on our Site. We shall be entitled to withhold delivery and/or cancel the Contract if we do not receive full payment from you in cleared funds. We will not charge your credit or debit card until we despatch your order but you should be aware that our payment processing provider will allocate the required funds at the point at which you place your order, such that the allocation will count against your current credit limit, despite the fact that the funds have not yet been deducted.
6. Availability and Delivery
6.1 We shall use all reasonable endeavours to fulfil your order by any delivery date indicated by us or, if no delivery date is specified, then within a reasonable time, unless there are exceptional circumstances. Delivery will be made to the delivery address specified when you submit your order.
6.2 We shall make every reasonable effort to deliver the Product(s) as soon as possible after Acceptance. If delivery is delayed we shall inform you but we will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. If delivery cannot be made to your chosen delivery address, you will be informed as soon as reasonably possible.
6.3 If you refuse the delivery of your order for reasons under the Consumer Protection (Distance Selling) Regulations 2000 (‘Regulations’) or you fail to take delivery because you have cancelled your Contract under the Regulations, we will refund or re-credit you within 30 days for any sum paid by you or debited from your credit card for the Products. By exercising your right to cancel you are required to return the Products to us in the same condition in which you received them. If you fail to return the Products to us, or fail to return the Products to us in the same condition as you received them, or fail to take reasonable care of the Products whilst in your care, we reserve the right to withhold any related monies and/or to deduct any costs incurred by us in retrieving the Products from you.
6.4 Upon delivery of your order you may be asked to sign for the Products received. If the package does not appear to be in good condition then please refuse the delivery. If you are unable to check the contents of the delivery then please ensure you sign for the parcel “unchecked”.
7. Adhesive Products – Professionals Only
7.1 Adhesives are Products which carry a risk of personal injury if they are not used and applied properly by appropriately qualified professionals, by which we mean someone who (i) holds a certificate of competence in individual eyelash extension, and (ii) is proficient and knowledgeable in the use and application of all eyelash extension products, particularly adhesives, and (iii) is fully insured regarding the said use and application of eyelash products and adhesives (together, a ‘Professional’).
7.2 We will only supply adhesive Products to Professionals and we will require anyone ordering such Products to provide proof (to our satisfaction) which demonstrates that they are appropriately qualified, comply with all relevant standards and requirements and are otherwise suitable to apply the adhesive Products correctly. Should you fail to provide such information, or information to our satisfaction, we will not supply you with adhesive Products. If we have any reason at all to suspect that you are not appropriately qualified and compliant, we reserve the right not to supply you with any adhesive Products and/or to cancel any order placed by you, whether or not Accepted by us.
7.3 Without prejudice to the requirements set out in clause 7.2 above, you undertake and covenant to use any adhesive Products as follows:
(a) You will first conduct a careful and detailed client consultation in which you will check for any potential contraindications;
(b) If any contraindications are found or indicated you will provide the material safety data sheet to the client’s GP and obtain sign-off from the GP before proceeding any further with the client consultation or treatment;
(c) Subject to (a) and (b) above, you will carry out a 48 hour patch test prior to any use of adhesive Products, in accordance with any recommendations setby us and in line with best industry practice, and only proceed with any treatment following a positive outcome to the patch test;
(d) You will use adhesive Products only for closed eye treatments;
(e) You will never use any adhesive Products on any client who has or has had any eye condition; laser eye correction, open wounds on the face, eczema, dermatitis, psoriasis, recent semi-permanent make up or facial surgery, or any condition which would otherwise make them unsuitable for the use of adhesive Products.
8. Consumer Rights
8.1 Where you contract as a Consumer, each Contract is subject to your rights of cancellation set out in this clause 7.
8.2 You may cancel a Contract at any time within 7 working days, beginning on the day after you receive the Products. Should you cancel within this time, you will receive a full refund of the price paid for the Products in accordance with our refunds policy, set out in clause 9 below, provided that you comply with the terms of this clause 7.
8.3 To cancel a Contract, you must inform us in writing. You must also return the Product(s) to us immediately, in the same condition in which you received it/them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
8.4 Further details of your statutory right of cancellation, and an explanation of how to exercise it, will be provided to you in writing.
9. Risk and Title
The Products will be at your risk from the time of delivery. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, inclusive of all delivery charges.
10. Returns and Refunds
10.1 When you return a Product to us:
(a) as a Consumer and you have cancelled the Contract between us in accordance with clause 8 above, we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full, including the cost of sending the Product(s) to you. However, if your cancellation is the result of any error on your part, including an error in the placement of your order, you will be responsible for the cost of re-posting Products in correction of your said error. However, you will be responsible for the cost of returning the Products to us.
(b) for any other reason (e.g. because you claim that the Product is defective), and whether or not you are a Consumer, we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirm to you via e-mail that you were entitled to a refund for the defective Product. Products returned by you because of a defect will be refunded in full when we have verified the defect, including a refund of the delivery charges for sending the item to you and the reasonable cost incurred by you in returning the item to us by the most cost-efficient route reasonably available. You agree to return all Products by first class recorded delivery to ensure the tracking of all items.
10.2 When making any return(s) to us, you agree to comply with any returns process notified by us.
10.3We will normally refund any money received from you using the same method originally used by you to pay for your purchase. Refunds are carried out by our payment processor and while we will endeavour to ensure refunds are paid in accordance with the timescales set out above, we will not be liable for any delays outside our control.
11. Our Liability
11.1 Subject to clauses 6, 7 and 9 above, the following provisions set out our entire financial liability (including any liability for the acts or omissions of our employees, officers, agents, suppliers or contractors) to you in respect of (a) any breach of these terms of sale or the terms of any Contract, (b) any use made or resale by you of any Products, or of any product incorporating any of the Products, and/or (c) any representation, statement or tortious act or omission including negligence arising under or in connection with any Contract.
11.2 Nothing in these Terms seeks to exclude or limit our liability (a) for death or personal injury caused by our negligence, (b) under section 2(3) of the Consumer Protection Act 1987, (c) for fraud or fraudulent misrepresentation, or (d) for any matter for which it would be illegal for us to exclude or limit, or attempt to exclude or limit, our liability.
11.3 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract. For the avoidance of doubt, no attempt is made to exclude (i) the terms implied by section 12 of the Sale of Goods Act 1979, or (ii) any terms implied for the protection of Consumers which may not be excluded under law.
11.4 Subject to clauses 10.2 and 10.3, we are not responsible for (i) indirect losses which happen as a side effect or indirect consequence of the main loss or damage, including but not limited to loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, or waste of management or office time; in each case howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise, or (ii) for any liability which arises from your misuse of the Products or your failure to comply with any Product guidelines or requirements provided by us, including (without limitation) any recommended pre-tests or patch tests before using the Products.
11.5 Subject to clauses 10.2-10.4 above, our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the Contract price (inclusive of any delivery charges).
12. Data Protection & Security Checks
12.2 To ensure that your credit, debit or charge cards are not being used without your consent, we validate your name, address and other personal data against information held on appropriate third party databases. This is done only to confirm your identity; a credit check is not performed and your credit rating will not be affected. By accepting these terms, you consent to us carrying out such checks, whereby registered credit reference agencies may retain a record of the data disclosed to them.
13. Written Communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our Site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to The Eyelash Emporium Limited at Pinewood Studios, Iver Heath, Buckinghamshire, SL0 0NH, UK or by email to [email@example.com]. We may give notice to you at either the e-mail or postal address you provide to us when submitting your order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
15. Transfer of Rights and Obligations
The Contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of any Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of any Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
16. Events Outside our Control
16.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any Contract that is caused by events outside our reasonable control (Force Majeure Event).
16.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) strikes, lock-outs or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; problems with use of railways, shipping, aircraft, motor transport or other means of public or private transport; problems with the use of public or private telecommunications networks; and the acts, decrees, legislation, regulations or restrictions of any government.
16.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
17.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
17.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
17.3 No waiver by us of any of these terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 13.
If any of these terms or any other provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
19. Entire Agreement
19.1 These terms and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
19.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
19.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party´s only remedy shall be for breach of contract as provided in these terms.
20. Our Right to Vary these Terms and Conditions
20.1 We have the right to revise and amend these terms from time to time, including to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
20.2 You will be subject to the terms and policies in force at the time that you order Products from us, unless any change to the terms and/or the policies is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to these terms or the policies before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the changes unless you notify us to the contrary within seven working days of receipt by you of the Products).
21. Law and Jurisdiction
Contracts for the purchase of Products will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the exclusive jurisdiction of the courts of England and Wales.