Terms and Conditions of Sale – UK
1.1 Unless otherwise agreed in writing, these terms and conditions of sale (’the Conditions) apply exclusively to each Contract for the sale of goods or services (’the Goods’) by Hair Choice Luxury Hair Extensions Ltd (’the Company’) to a purchaser of Goods (’the Purchaser’), (together ‘the Parties’). “Any additional or different terms or conditions proposed by the Purchaser are expressly objected to and will not be binding upon the Company unless specifically assented to in writing by the Company". Any order for, or any statement of intent to purchase hereunder shall constitute assent to these Conditions.
1.2 “Contract” means the purchase order signed by the Purchaser and accepted by the Company in writing, together with these Conditions. Notwithstanding that a quotation has been made by the Company no Contract exists between the Company and the Purchaser until the Company accepts the Purchaser’s order in writing.
1.3 Unless otherwise specified in writing by the Company, any quotation by the Company will expire 14 days from its date and may be modified or withdrawn by the Company prior to receipt of the Purchaser’s acceptance.
1.4 The headings used are for convenience only and shall not affect the interpretation of these Conditions.
2.1 The price of the goods are set out at the checkout on the website.
2.2 Prices may vary/be altered at the sole discretion of the Company, and without notice
2.3 The price of the Goods is exclusive of costs and charges of packaging and transport of the Goods.
3.1 Delivery and dispatch dates quoted are approximate only and the Company is not liable for any delay in the delivery of the Goods.
3.2 If the Purchaser fails to take delivery of the Goods or fails to give adequate delivery instructions then, without affecting any of the Company's other rights or remedies, the Company may store the Goods until actual delivery takes place and charge for the reasonable costs (including insurance) of storage. The Company may, after 30 days, sell the Goods at the best price readily obtainable and (after deducting reasonable storage and selling expenses) account for the excess over the Price or charge the Purchaser the amount of any shortfall.
3.3 Any claim by the Purchaser relating to Products which is based on any defect in material or workmanship, a failure to correspond to the specification agreed in writing or for non or incorrect delivery (whether or not delivery is refused by the Purchaser) must be notified to the Company within three (3) working days from the date of delivery. If delivery is not refused, and the Purchaser does not notify the Company accordingly, the Purchaser is not entitled to reject the Goods and the Purchaser will be bound to pay the Price as if the Goods had been delivered in accordance with the Contract.
4. Risk and property
4.1 Risk of damage to or loss of the Goods passes on delivery or, if the Purchaser wrongfully fails to take delivery, at the time when delivery is tendered.
4.2 Property in the Goods does not pass to the Purchaser until the Company has received full payment of the Price (plus VAT and other applicable charges) and all other sums due to the Company from the Purchaser. Until property in the Goods passes to the Purchaser, it will hold the Goods on the Company’s behalf, and will keep the Goods separate from its goods and those of third parties, properly stored, protected, insured and identified as the Company’s property; and the Purchaser shall not pledge or charge the Goods by way of security or otherwise. Breach of any of the provisions of this Condition will result in all monies owing by the Purchaser to the Company (without prejudice to any other right or remedy) becoming immediately due and payable. The Purchaser is entitled to resell or use the Goods in the ordinary course of its business, subject to the following: If the Goods are resold by the Purchaser, the Purchaser hereby transfers to the Company his /its claims arising from the aforesaid resale in the amount of the invoice value of the Goods. As long as the Purchaser is honouring his/its payment obligations, the Purchaser shall, however, be authorized to collect his/its resale claim which has been assigned to the Company. Until title to the Goods passes to the Purchaser, the Company may require the Purchaser to return the Goods and, if the Purchaser fails to do so, the Company may repossess the Goods. The Purchaser hereby grants the Company an irrevocable right to enter, with or without vehicles, any premises for the purpose of inspecting or repossessing the Goods.
5. Insolvency of the Purchaser
5.1 If the Purchaser makes any voluntary arrangement with its creditors or (being an individual or firm) becomes bankrupt, or (being a company) becomes subject to an administration order or goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction), or an encumbrancer takes possession, or a receiver is appointed of any of the property or assets of the Purchaser, or the Purchaser ceases or threatens to cease to carry on business or the Company reasonably apprehends that any of the events mentioned in this clause is about to occur (and notifies the Purchaser accordingly) then, without prejudice to any other right or remedy available to the Company, the Company shall be entitled to cancel the Contract or suspend any further deliveries without any liability on the part of the Company and, if the Goods have been delivered but not paid for, the Price shall become immediately due and payable not withstanding any previous agreement or arrangements to the contrary.
6.1 Except as set out below, the Company warrants that the Goods will correspond to their specification agreed in writing between the Company and the Purchaser and will be free from defects in materials and workmanship; and in case of delivery of services, the Company only warrants that they have been given with reasonable skill and care. All other warranties, conditions or other terms, whether express, implied, statutory or otherwise (including, but not limited to, merchantability and fitness for purpose) are excluded to the fullest extent permitted by law. This warranty shall not apply and shall terminate immediately if the fault or defects referred to herein cannot be proved to be a result of the Company’s failure under this Condition.
6.2 Such exclusions from warranty shall include (but not limited to) failure to use, mix, treat, process, apply, store, install, operate or maintain the Goods as instructed by the Company; normal wear and tear; use of the Goods other than for their agreed purpose; any defect in the Goods arising from a design, drawing or specification supplied by the Purchaser or on the Purchaser’s behalf or deficiencies resulting from other reasons beyond the Company’s control. No warranty claims may be made unless the Purchaser has paid the Price in full. Warranties shall also terminate immediately, if the Purchaser, in case of a defect, does not immediately take all appropriate steps to mitigate damages and notify the Company as stated herein. All descriptions, illustrations and data contained in any catalogues, price lists and/or other advertising or promotional material are intended by the Company only to present a general view of Goods described therein and none of such specifications, drawings, dimensions, weights, descriptions, illustrations or data shall form part of the Contract, except if otherwise agreed in writing between the Company and the Purchaser.
6.3 If any failure to meet the warranties under Condition 5.1 appears within the Warranty Period, the Purchaser shall promptly notify the Company. Where any valid warranty claim is made in respect of any of the Goods within the warranty set out in Condition 5.1, the Company can choose either to repair or replace the Goods (or the part in question) free of charge or grant credit to or refund to the Purchaser the Price of the Goods (or a proportionate part of the Price) at the Company’s absolute discretion, but the Company shall have no further liability. The supply of repaired or replacement Goods by the Company pursuant to this Condition 5.2 shall not extend the duration of the Warranty Period. The Company shall not be responsible for costs of the dismantling and assembly of the defected Good, and/or removal or replacements of systems, structures or other portions of the Purchaser’s facility or reinstallation of any items.
6.4 The preceding sections of this Condition 5 set forth the exclusive remedies for all claims based on failure of or defect in the Goods provided under the Contract, whether such failure or defect arises before or during the Warranty Period and whether a claim, however, instituted is based on contract, indemnity, warranty, wrong doing (including negligence), strict liability or otherwise.
7. Returns and Refunds
We refer you to our returns and refund policy, which can be found here
8. Faulty Goods
8.1 Synthetic Pieces/Ponies If any of our products upon receipt appear faulty due to quality issues, the product maybe returned to us for inspection. Please note all products should be returned in the original packaging and the hair attached to the backing card. Any products removed from the packaging or the backing card will not be accepted back into stock. By removing any products from the backing card the purchaser is accepting that they have received the goods, they are of satisfactory quality and fit for purpose. It is therefore important that the product is fully checked before being applied. Furthermore, we strongly suggest that the packaging is wrapped thoroughly to avoid any damage during the transit back to us. As we are not able to determine whether the damage/opening of the sealed package was done by yourselves or by the delivery company we fully reserve the right to refuse any damaged packaging and therefore refuse the requested refund.
8.2. Human Hair Products If a consumer believes the goods to be faulty and is requesting for the goods to be sent back for testing (within the 30 day consumer warranty period). In the 1st instance the goods should be washed and tested for quality by the purchaser. If the purchaser then believes there is an issue with the product they must notify Hair Choice that they are intending to send the products back for testing. You will need to email email@example.com so the customer services team can issue a form for completion. This must be completed ahead of returning the hair. Then once goods are received, they will be tested and the findings communicated to the purchaser within 30 days.
8.3 The purchaser agrees that they will deal direct with any consumer complaints regarding any of our products they have either sold or applied as the contract of sale is between the purchaser and the consumer. Hair Choice will deal only with the purchaser when communicating and inspecting any goods which either the consumer or purchaser deems to be faulty.
8.4 Please note all returns must have a fully completed Hair Returns Form. Any goods received without the appropriate paperwork will not be processed until the correct paperwork is received. Failure to provide the completed paperwork within 90 days will result in the goods being destroyed. Please click on the following link to access our faulty hair procedure and returns form. This will need completing fully and emailing to firstname.lastname@example.org. Please allow up to 48 hours for a response.
8.5 Please note Hair Choice does not offer a telephone-based customer service facility. All communication between you, the customer and Hair Choice should be electronically by email which will be deemed in writing, for legal purposes.
8.6 Please note the application of treatments such as dyes and colourants and especially bleaching agents such as peroxide and purple shampoo as well as clear, excessive heat damage will void any warranty or rights to refund.
9. Limitation of Liability
9.1 The extent of the parties’ liability under or in connection with this Agreement (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) shall be as set out in this clause 1.
9.2 Subject to clause 9.4, neither party shall be liable for any of the following (whether direct or indirect):
- 9.2.1. loss of profit;
- 9.2.2 loss of revenue;
- 9.2.3 loss of data that is not protected data;
- 9.2.4 loss of use;
- 9.2.5 loss of production;
- 9.2.6 loss of contract;
- 9.2.7 loss of commercial opportunity;
- 9.2.8 loss of savings, discount or rebate (whether actual or anticipated);
- 9.2.9 harm to reputation or loss of goodwill;
- 9.2.10 loss of business
9.3 Except as expressly stated in this Agreement, and subject to clause 9.4, all warranties and conditions whether express or implied by statute, common law or otherwise are excluded to the extent permitted by law
9.4 Notwithstanding any other provision of this Agreement, the liability of the parties shall not be limited in any way in respect of the following:
- 9.4.1 death or personal injury caused by negligence;
- 9.4.2 fraud or fraudulent misrepresentation;
- 9.4.3 any other losses which cannot be excluded or limited by applicable law;
- 9.4.4 any losses caused by wilful misconduct
10. Intellectual Property
10.1 All images, contents, design and other registrable and non-registrable intellectual property that can be found/are associated with the Company, solely belong to the Company, save for any IP rights that have been granted to the Company in a form of a licence(s).
11. Force Majeure
11.1 Neither party shall be liable for any failure or delay in performing its obligations under the Contract to the extent that such failure or delay is caused by a Force Majeure Event. A Force Majeure Event means any event beyond a party's reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including strikes, lock-outs or other industrial disputes (whether involving its own workforce or a third party's), failure of energy sources or transport network, acts of God, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions, collapse of building structures, fires, floods, storms, earthquakes, loss at sea, epidemics or similar events, natural disasters or extreme adverse weather conditions, or default of suppliers or subcontractors.
12.1 If any court or competent authority finds that any provision of the Contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of the Contract shall not be affected.
13.1 A waiver of any right or remedy under the Contract is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. No failure or delay by the Company to exercise any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
14. Third Party Rights
14.1 A person who is not a party to the Contract shall not have any rights under or in connection with it.
15.1 Except as set out in these Conditions, any variation to the Contract, including the introduction of any additional terms and conditions, shall only be binding when agreed in writing and signed by the Company.
16. Entire Agreement
16.1 This Agreement shall set out the whole of our agreement relating to the supply of Goods by the Company to the Customer.
17. Governing Law and Jurisdiction
17.1 The parties irrevocably agree that the governing law are the laws of England and Wales.
17.2 The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute.