|TERMS AND CONDITIONS
The Official Simply Hair Organic and Mineral Hair Care Store
LAST UPDATED 8TH APRIL 2011
IMPORTANT LEGAL NOTICE
ATTENTION: This legal notice applies to the entire contents of this website at www.simply-haircare.com (’the Website’) and to any correspondence between us and you. Please read these terms carefully before using this Website. Using this Website indicates that you accept these terms regardless of whether or not you choose to register with us. If you do not accept these terms, please do not use this Website. This notice is issued by Simply Hair Limited (’the Company’).
1.1 You may access most areas of this Website without registering your details with us. Certain areas of this Website are only open to you if you register.
1.2 By accessing any part of this Website, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave this Website immediately.
1.3 The Company may revise this legal notice at any time by updating this posting. You should check this Website from time to time to review the then current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at this Website.
2.1 You are permitted to print and download extracts from this Website for your own use on the following basis:
(a) no documents or related graphics on this Website are modified in any way;
2.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by the Company or its licensors. For the purposes of this legal notice, any use of extracts from this Website other than in accordance with paragraph 2.1 above for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
(b) no graphics on this Website are used separately from accompanying text; and
(c) the Company’s copyright and trade mark notices and this permission notice appear in all copies.
2.3 Subject to paragraph 2.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without the Company’s prior written permission.
2.4 Any rights not expressly granted in these terms are reserved.
3. SERVICE ACCESS
3.1 While the Company endeavours to ensure that this Website is normally available 24 hours a day, the Company shall not be liable if for any reason this Website is unavailable at any time or for any period.
3.2 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company’s control.
4. VISITOR MATERIAL AND CONDUCT
4.2 You are prohibited from posting or transmitting to or from this Website any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
4.3 You may not misuse the Website (including, without limitation, by hacking).
(b) for which you have not obtained all necessary licences and/or approvals; or
(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
(e) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
4.4 The Company shall fully co-operate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or locate anyone posting any material in breach of paragraph 4.2 or paragraph 4.3.
5. LINKS TO AND FROM OTHER WEBSITES
5.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. The Company has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. The Company therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
5.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:
(a) you do not remove, distort or otherwise alter the size or appearance of the Simply Hair logo;
5.3 The Company expressly reserves the right to revoke the right granted in paragraph 5.2 for breach of these terms and to take any action it deems appropriate.
(b) you do not create a frame or any other browser or border environment around this Website;
(c) you do not in any way imply that the Company is endorsing any products or services other than its own;
(d) you do not misrepresent your relationship with the Company nor present any other false information about the Company;
(e) you do not otherwise use any of the Company’s trade marks displayed on this Website without express written permission from the Company;
(f) you do not link from a website that is not owned by you; and
(g) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
5.4 You shall fully indemnify the Company for any loss or damage suffered by the Company or any of its group companies for breach of paragraph 5.2.]
6.1 Each registration is for a single user only. The Company does not permit you to share your user name and password with any other person nor with multiple users on a network.
6.2 To register with Simply Hair Ltd you must be over eighteen years of age. You must ensure that the details provided by you on registration or at any time are correct and complete.
6.3 You must inform us immediately of any changes to the information that you have provided Simply Hair Ltd when registering with Simply Hair Ltd by updating your personal details in the My Account Section.
6.4 Responsibility for the security of any passwords issued rests with you.
7.1 While the Company endeavours to ensure that the information on this Website is correct, the Company does not warrant the accuracy and completeness of the material on this Website. The Company may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and the Company makes no commitment to update such material.
7.2 The material on this Website is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, the Company provides you with this Website on the basis that the Company excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for this legal notice might have effect in relation to this Website.
8.1 The Company, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of the Company’s group compa nies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.
8.2 Nothing in this legal notice shall exclude or limit the Company’s liability for:
(a) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); or
(b) fraud; or
(c) misrepresentation as to a fundamental matter; or
(d) any liability which cannot be excluded or limited under applicable law.
8.3 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
9. GOVERNING LAW AND JURISDICTION
This legal notice shall be governed by and construed in accordance with English law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the English courts.
TERMS OF SALE
PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PLACING YOUR ORDER AND RETAIN A COPY OF THESE TERMS AND YOUR ORDER FOR FUTURE REFERENCE.
1. FORMATION OF THE CONTRACT
1.1 These terms of sale apply to all goods and services supplied by Simply Hair Limited (’the Company’), registered in England and Wales no. 08845161, registered office address 32 Wellington Street, Retford, Nottinghamshire, DN22 6PT ; VAT registration number xxxxxxxxx. Simply Hair Limited is the owner of the Simply Hair™ Trademark used on this site.
1.2 No contract exists between you and the Company for the sale of any goods and/or services until the Company has fax, received your acceptance of our offer and sends you our confirmation by e-mail to the address or e-mail address you have given. You can accept our offer by post, email or ordering online through this Website, but please note that fax is not accepted. Confirmation may be sent by post if requested specifically in writing. Once you have accepted our offer to provide the goods and/or services and the Company has confirmed your order, there is a binding legal contract between us based on these terms and conditions.
1.3 The contract is subject to your right of cancellation (see below).
1.4 The Company may change these terms of sale without notice to you in relation to future sales. A copy of our terms will be available to view and print off at www.simply-haircare.com.
2. DESCRIPTION AND PRICE OF PRODUCTS
2.1 The description and price of the goods and services you order will be as shown at www.simply-haircare.co.uk at the time you place your order.
2.2 The services are subject to availability. If on receipt of your order the services you have ordered are not available, the Company will inform you as soon as possible, and refund or credit you for any sum that has been paid by you or debited from your credit or debit card for the services.
2.3 Every effort is made to ensure that prices shown at www.simply-haircare.com are accurate at the time you place your order. If an error is found, the Company will inform you as soon as possible and offer you the option of reconfirming your order at the correct price or cancelling your order. If you cancel, the Company will refund or credit you for any sum that has been paid by you or debited from your credit or debit card for the relevant goods and/or services.
2.4 In addition to the price, and if applicable, you will be required to pay a packaging and delivery charge for any items as part of the services, as shown in the Frequently Asked Questions section of www.simply-haircare.com.
2.5 All GBP prices on the website include VAT at 20%.
2.6 If you are ordering from outside the UK, we advise you to check exchange rates with your bank. You will be charged in pounds sterling and the amount you are charged in other currencies will depend on the exchange rate which your bank uses.
3. PAYMENT AND YOUR LIABILITY TO US
3.1 Payment for the services and items and delivery charges can be made by any method shown on www.simply-haircare.com at the time you place your order.
3.2 Please note you are also subject to xxxx;s terms if you purchase online with your credit or debit payment card.
3.3 In circumstances where the Company is required to pay back any amount to xxxxxx due to a transaction which xxxx subsequently disputes, even if authorised, then we reserve the right to claim such sum back from you.
3.4 The Company reserves the right to charge you or claim against you any costs and expenses incurred by the Company as a result of any chargeback provisions or disputed transactions as may be notified to the Company by xxxx or otherwise incurred by the Company as a consequence of your acts or omissions, including your failure to act responsibly with regard to the use of your payment cards which includes taking all sensible precautions in such use against fraud as advised by your card issuer when ordering goods and services over the internet. Your statutory rights as a customer are unaffected.
3.5 The Company will only deal with orders in £ Sterling.
4. SUPPORT AND DELIVERY
4.1 Customer Support will be provided with a telephone line, 01709 209039, and an email address, firstname.lastname@example.org, or you can write to Simply Hair Limited, Studio 3 The Store Room Business Centre, Fitzwilliam Road Rotherham S65 1SL. Please note telephone calls may be recorded for training and quality purposes.
4.2 Telephone lines will be open from 10am to 6pm and we will endeavour to respond to queries within 48 hours, but the Company cannot guarantee this response time.
4.3 The Company reserves the right to alter telephone line opening hours according to customer demand.
4.4 Any goods you order will be delivered to the cardholder at the cardholder address or the delivery address provided at the time of placing your order. For overseas deliveries, we may charge you an additional amount for overseas postage.
4.5 If delivery cannot be made to your selected address as a consequence of a the Company’s fault, the Company will inform you as soon as possible, and refund or credit you for any sum that has been paid by you or debited from your credit card or debit card for delivery.
4.6 It is the Customer’s responsibility to ensure there is someone at the address given who is competent to accept delivery of the goods. Delivery is effected upon the postal service leaving the goods at your address or retaining the same at their depot if delivery by the postal service cannot be effected. You may be notified of an alternative delivery date or a place to collect the goods by the postal service.
4.7 Every effort will be made to deliver the goods and services as soon as possible after your order has been accepted, and in any event within 30 days of acceptance of your order. However, the Company will not be liable for any loss or damage suffered by you through any reasonable or unavoidable delay in delivery. In this case, the Company will inform you as soon as possible.
4.8 You will become the owner of the goods you ordered and responsible for risk of loss of or damage to them once they have been delivered to you.
4.9 If for any reason the customer’s payment is not received or authorised in accordance with either xxxxxx’s terms or these Terms and Conditions, the Company reserves the right not to deliver the Goods ordered.
5. YOUR RIGHT OF CANCELLATION AND REFUNDS
5.1 You have the right to cancel the contract at any time up to the end of seven working days after you receive the goods (see below). A working day is any day other than weekends and bank or other public holidays. In the case of services, if the Company has already incurred costs on your behalf which it cannot recover, such costs will not be refunded.
5.2 To exercise your right of cancellation, you must give written notice to the Company by hand, post or e-mail, at the address or email address shown below, giving details of the goods ordered, the batch number and (where appropriate) their delivery.
5.3 If you exercise your right of cancellation after the goods have been delivered to you, you will be responsible for returning the goods to the Company at your own cost. The goods must be in their original packaging, with any labels and tags intact, and any accessories or incentives/gifts that were included with the goods should also be returned. The goods must be returned to the address shown below. You must take reasonable care to ensure the goods are not damaged in the meantime or in transit. Goods which have been used, opened or are not otherwise in their original condition are not eligible for cancellation or a refund.
5.4 Subject to clause 14.1 once you have notified the Company that you are cancelling the contract, the Company will refund or credit you within 30 days for any sum that has been paid to them by you or debited from your credit card or debit card for the goods.
5.5 If you do not return the goods as required, the Company may charge you a sum not exceeding the direct costs of recovering the goods.
5.6 You do not have the right to cancel the contract if the order is for goods which by their nature or are the subject of a special offer cannot be returned or are liable to deteriorate or expire rapidly. The Company will notify you at the time your order is accepted if this applies.
5.7 Any refunds shall be payable only in accordance with the original payment method unless otherwise agreed by the Company.
6.1 All goods supplied by the Company are warranted free from defects. If you find an item is faulty within 30 days, please call our helpline on 01709 209039, e-mail us at email@example.com, or write to Simply Hair Limited, Studio 3 The Store Room Business Centre, Fitzwilliam Road Rotherham S65 1SL. Please supply details of the goods you ordered, your order reference and the batch number when you contact us. This warranty does not affect your statutory rights as a consumer.
6.2 This warranty does not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, or use otherwise than as recommended by the Company.
6.3 If the goods supplied to you develop a defect while under warranty, or you have any other complaint about the goods, you should notify the Company in writing at the postal or email addresses shown below within Contact Details.
DATA PROTECTION AND PRIVACY
1.1 The Company will take all reasonable precautions to keep the details of your order and payment secure, but unless the Company is negligent, the Company will not be liable for unauthorised access to information supplied by you.
1.2 The Company will only use the information you provide about yourself for the purpose of fulfilling your order, or as specifically requested and agreed by you. The Company would like to notify you of products and offers that may be of interest to you from time to time, and we may, with your permission, share your information with carefully selected third parties. If you would prefer not to receive such information please contact the Company at the address, e-mail address or telephone number shown below.
1.3 The Website uses "cookies", which are small pieces of information that are stored by your browser on your computer’s hard drive. When you log in to www.simply-haircare.com, the Company places this cookie on your machine. This is necessary so that your shopping basket selections between pages can be tracked and so that the Company can verify that you have logged in to the Website when you place an order. You will need to have cookies enabled on your browser in order to use the Website.
These terms of sale are subject to English Law, and the English courts will have exclusive jurisdiction in respect of any dispute arising from the contract.
CUSTOMER ORDERS AND PRODUCT ADVICE
Please call our helpline on 01709 209039, e-mail us at firstname.lastname@example.org, or write to The Simply Hair Organic and Mineral Hair Care Shop, Simply Hair Limited, Studio 3 The Store Room Business Centre, Fitzwilliam Road Rotherham S65 1SL.
ALL OTHER ENQUIRIES
Please call our head office on 01709 209039, e-mail us at email@example.com, or write to Simply Hair Limited, Studio 3 The Store Room Business Centre, Fitzwilliam Road Rotherham S65 1SL.
All rights reserved © Simply Hair Limited is the proprietary owner of the trade marks and logos as shown. The Simply Hair™ Trademark is protected by International Copyright and Trademark Law.