TERMS AND CONDITIONS
Lash FX (the Company/we/our/us) is a professional brand for trade only customers, except as indicated otherwise. These terms and conditions relate to any person intending to purchase products (Products) from our website www.lash-fx.com (Website).
All Products that are available to purchase by trade customers with a registered account from the Website (Professional Products) are for professional lash technicians only with the requisite recognised qualifications and are sold on a strictly business to business basis. There are some Products that are available for purchase by non-trade customers from the Website (Retail Products) and these can be purchased without a registered account.
Please read the terms and conditions carefully before ordering any Products from the Website and do not hesitate to contact us if you require further information or clarification. By ordering any Products from the Website you will be bound by these terms and conditions and acknowledgment of this will be required by your clicking on the button marked ‘I Accept’ before your order is processed. If you do not accept these terms and conditions, please discontinue your purchase.
- INFORMATION ABOUT US
- Lash FX operates the Website on behalf of its holding company, The Eyelash Design Company Limited which is registered in England and Wales under company number 05908064, with its registered office and main trading address at Cedar House, 56-58 Peregrine Road, Ilford, IG6 3SZ. The Company's VAT number is 893551980.
- The purchase of Professional Products from the Website is intended for trade only customers resident in the United Kingdom or resident in one of the Destination Countries as defined at condition 2.4 who are qualified in a recognised eyelash extensions course and have a registered account with us.
- The purchase of Retail Products is intended for customers resident in the United Kingdom or resident in one of the Destination Countries as defined at condition 2.4.
- We do not accept orders from individuals outside the UK or one of the Destination Countries for either Professional Products or Retail Products.
- Selected countries in the European Union where we don’t currently have an exclusive distributor shall be known as Destination Countries for the purposes of these terms and conditions. We reserve the right to change and update the list of Destination Countries from time to time. For the avoidance of doubt all other terms and conditions apply to those customers resident in Destination Countries.
- Anyone purchasing Professional Products from the Website warrants that he/she is trained in the proper use of the Products sold on the Website and holds a recognised qualification in eyelash extensions. The Company will not be held responsible for any injury or damage to anyone who purchases Professional Products from the Website without the requisite recognised qualifications.
- The Company reserves the right to ask for proof of qualifications for any reason at any time and at our absolute discretion. We will refuse any order if we believe, at our absolute discretion, that anyone trying to purchase Professional Products from the Website is not a trade customer. It is the responsibility of all trade customers to ensure that they are fully insured for the use of any Professional Products purchased from the Website. For the purposes of clarification none of the Products available on the Website are intended for sale to members of the public acting as consumers, except the Retail Products that will be indicated on the Website as be available to non-trade customers.
- Each order of Products from the Website will be subject to VAT and a delivery charge, unless otherwise indicated, and as detailed on the Website.
- By placing an order from the Website, you warrant that:
HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
- You have a recognised qualification in eyelash extensions, Lash FX or otherwise, if your are purchasing Professional Products;
- You are legally capable of entering into binding contracts;
- You are at least 18 years old; and
- You are resident in the United Kingdom or one of the Destination Countries.
- Subject to condition 5.2 below, after placing an order on the Website and once we have received your payment in full, you will receive an email from us acknowledging that we have received your order. Your order constitutes an offer to us to buy the Products and our email acknowledgment does not mean that your order has been accepted. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms that the order has been dispatched (Dispatch Confirmation). The contract between us will only be formed when we send you the Dispatch Confirmation and will be governed by these terms and conditions.
- Before placing an order on the Website as a trade customer purchasing Professional Products you will be required to register with us and, subject to our satisfaction of your being a trade customer under these terms and conditions, we will create an account for you.
AVAILABILITY AND DELIVERY
- If you are contracting as a consumer, you may cancel your order at any time within seven working days (see condition 10 below), beginning on the day after you received any Retail Products purchased. In this case, you will receive a full refund of the price paid for any such Retail Products in accordance with our refunds policy (set out in condition 10 below).
- To cancel your order under the terms of this condition 6, you must inform us in writing. You must also return the Retail Products to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Retails 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.
- This provision does not affect your statutory rights.
RISK AND TITLE
- An order placed on the Website should be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
- All dates quoted for delivery for each Order are estimated delivery dates only and may be subject to change. We cannot accept liability for any loss or damage (whether direct or indirect) if delivery takes place at any time other than the estimated date for delivery.
- If we have your email address on file you will receive an email from our courier company with delivery information.
- Delivery prices will be as quoted at the point of ordering and as may change from time to time.
PRICE AND PAYMENT
- The Products will be at your risk from the time of delivery.
- Ownership of the Products will only pass to you when we have received full payment of all sums due in respect of the order, including delivery charges.
OUR RETURNS POLICY
- The price of the Products will be as quoted on the Website from time to time, except in cases of obvious error.
- The prices as quoted on the Website exclude VAT and delivery costs, unless otherwise indicated.
- Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
- It is possible that, despite our best efforts, the Products as listed on the Website 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 Products to you. If the product's correct price is higher than the price stated on the Website we will normally, at our discretion, either contact you for instructions before dispatching the Products, or reject your order and notify you of such rejection.
- We are under no obligation to provide any Products to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
- Payment for an order must be made by the one of the methods detailed on the Website. Your order will not be despatched until we have received your payment in full.
- When you return any Products to us:
- because you have cancelled the order made within the seven-day cooling-off period (see condition 6.1 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 Products in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us
- for any other reason other than provided for in condition 10.1.1 you must comply with our Returns Policy set out at www.lash-fx.com/returns-policy.
- We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
- We warrant to you that any Products purchased from us is of satisfactory quality and reasonably fit for all the purposes for which Products of the kind are commonly supplied.
- Our liability for losses you suffer as a result of us being in breach of our obligations under these terms and conditions is strictly limited to the purchase price of the Products you purchased.
- Nothing in these terms and conditions shall limit or exclude our liability:
- For death or personal injury caused by our negligence;
- Under section 2(3) of the Consumer Protection Act 1987;
- For fraud or fraudulent misrepresentation; or
- For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
- We exclude any liability for any loss or damage which you may suffer as a direct result of a misrepresentation given by you, fraudulently or otherwise, in breach of your obligations at conditions 3.1 or 4.
- We are not responsible for any indirect or consequential loss or damage which you may suffer arising under or connection with these terms and conditions.
- Notwithstanding condition 2, if we accept an order for delivery outside the UK, it may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
- You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable for any breach by you of any such laws.
- Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website, 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 the 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.
TRANSFER OF RIGHTS AND OBLIGATIONS
- All notices given by you to us must be given to us at firstname.lastname@example.org. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in condition 13 above. Notice will be deemed received and properly served immediately when posted on the 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.
EVENTS OUTSIDE OUR CONTROL
- The rights or obligations formed under these terms and conditions are binding on you and us and on our respective successors and assigns.
- You may not transfer, assign, charge or otherwise dispose of any of your rights or obligations arising under these terms and conditions without our prior written consent.
- We may transfer, assign, charge, sub-contract or otherwise dispose of any of our rights or obligations arising under these terms and conditions at any time.
- Our obligations under these terms and conditions shall be suspended for any period during which we reasonably believe we are prevented or hindered from complying with our obligations by any cause beyond our reasonable control including, but not restricted to, strikes, war, civil disorder and natural disasters
- If such period of suspension exceeds 60 days then either party may, upon giving written notice to the other, require that the obligations formed under these terms and conditions be terminated immediately and all money due to us at the date of termination must be paid immediately.
- If we fail, at any time under these terms and conditions, to insist upon strict performance of any of your obligations, or if we fail to exercise any of the rights or remedies to which we are entitled under these terms and conditions, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
- A waiver by us of any default shall not constitute a waiver of any subsequent default.
- No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with condition 13 above.
- If any of these terms and conditions 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.
OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
- These terms and conditions 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.
LAW AND JURISDICTION
- We have the right to revise and amend these terms and conditions from time to time.
- You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions 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 those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
- Any dispute or claim arising out of or in connection with these terms and conditions (including non-contractual disputes or claims) will be governed by English law and shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.