TERMS AND CONDITIONS
PURCHASE OF GOODS
These terms and conditions (“T&Cs”) apply to all customers purchasing products (“Products”) on a business to business basis (except where expressly provided) from The Eyelash Design Company (“Company/we/our/us”), whether from our website(s) (“Website”), over the phone, at an exhibition or otherwise (all such purchases shall constitute an “Order”).
If you are unclear about any aspect of these T&Cs, please contact us before placing an Order with us.
INFORMATION ABOUT US
- The Company is the holding company for the Lash FX Individual Eyelash Extensions, Hi Brow Classic, Lash FX Express, Lash FX Russian, Lash FX Lash Lift, and Hi Brow Expert (“Brands”) and operates the Website.
- The Company sells the Products.
- The Company is registered in England and Wales under company number 05908064, with its registered office at 38D Chigwell Lane, Loughton, Essex, IG10 3NY. The Company's VAT number is 893551980.
- You can contact our team on +4420 8500 9028 or email@example.com.
- The Website is only intended for use by people resident in the United Kingdom and selected countries in the Europe Union where we don’t currently have an exclusive distributor (such countries shall be known as “Destination Countries” for the purposes of these T&Cs). We reserve the right to change and update the list of Destination Countries from time to time We do not accept orders from individuals not resident in the UK or the Destination Countries. If you are unable to purchase Products from our Website please contact us directly on +44 20 8500 9028.
- Except if acting as a consumer, you can only place an Order with us if you are a qualified technician who has attended our Training. We reserve the right not to process an Order at any time if for any reason we are not satisfied that you are entitled to purchase Products from us. If you want more information on attending our Training you can contact us on +44 20 8500 9028.
- Notwithstanding clause 3.1 above, if you are a qualified technician trained by a training provider recognised by us you will be entitled to place an Order with us but only if you provide us with a properly issued certificate and subject at all times to our approval to be given at our absolute discretion. We reserve the right not to process an Order at any time if for any reason we are not satisfied that you are a suitably qualified technician.
- In each case under clauses 3.1 and 3.2 above you will need to have a registered account with us before you can place an Order. If you want to purchase Products from the Website you will receive log in details where appropriate.
- Each Order is subject to acceptance by us and availability of the Products.
- Each Order is subject to the application of any applicable tax and delivery fees.
- By placing an order for Products, you warrant that:
- Where applicable, you are a trained technician or a technician trained by another provider approved by us in accordance with clause 3.2 above;
- 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
HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
If placing an order for Products on the Website (“Online Order”), you will receive an email from us acknowledging that we have received your Online Order. Your Online Order constitutes an offer to us to buy Products and our email acknowledgment does not mean that your Online Order has been accepted.
All Online Orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms that the Online Order has been dispatched (“Dispatch Confirmation”). The contract, governed by these T&Cs, will only be formed when we send you the Dispatch Confirmation and when we have received payment in cleared funds in accordance with clause 9.6 below.
An Order placed by other means than through the Website will constitute an offer to us to buy Products. All Orders are subject to acceptance by us and such acceptance will be given on communication to you of the amount due for the Order placed. The contract between us will only be formed when we have successfully processed your payment and will be governed by these T&Cs.
- By placing an Order with us you are agreeing to these T&Cs.
- If you are contracting with us as a consumer purchasing Products from the Website (“Consumer Online Order”) and you change your mind, you may cancel any such Consumer Online Order at any time within 14 working days beginning on the day after you received the Products (“Cooling Off Period”). In this case, you will receive a full refund of the price paid for the Products in accordance with clause 10.1.1 below.
- To cancel a Consumer Online Order because you have changed your mind, you must inform us of your wish to cancel your order in writing within the Cooling Off Period. You must return the relevant Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. We may reduce any refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in an inappropriate way. The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.
- If you are contracting with us as a consumer we are under a legal duty to supply products that are in conformity with this contract. Under the Consumer Rights Act 2015, if the Product(s) are faulty you will be entitled to an immediate refund up to 30 days after receipt.
- This clause 6 does not affect your statutory rights.
- For the avoidance of doubt a consumer for the purposes of these T&Cs is anyone purchasing retail products at full retail price and who does not have a registered account with us.
AVAILABILITY AND DELIVERY
- An Online Order 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.
PRODUCT IMAGES, RISK AND TITLE
- The images of the Products on our Website are for illustrative purposes only. Although we have made every effort to display colour accurately, we cannot guarantee that your computer’s display of the colours accurately reflects the colour of the Products and/or packaging. The colour of your Products and/or their packaging may vary slightly from those images.
- 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 Products, including delivery charges and any applicable taxes.
PRICE AND PAYMENT
- The price of any Products will be as quoted on the Website and/or price list from time to time, except in cases of obvious error.
- The prices as quoted on the Website when logged in as a trained technician and on our price list exclude VAT and delivery costs. Prices quoted on the Website for customers who are not trained technicians and are contracting as consumers buying retail products include VAT but exclude delivery costs
- 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, some of the Products listed on the Website and/or price list 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 the Website and/or price list, 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.
- We are under no obligation to provide the Product 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 all Orders must be by made prior to dispatch by one of the accepted payment cards. An Online Order can also be paid for via a PayPal account. For an Order that is not an Online Order, we can accept payment by bank transfer – please ask our team for details. No Order will be despatched until we have received your payment in full and cleared funds.
OUR RETURNS POLICY
- When you return a Product to us because:
- as a consumer you have made a Consumer Online Order you have cancelled the order made within the Cooling Off Period we will process the refund due to you as soon as possible on receipt of the Products being returned and in any event within 14 days of receipt. In this case, we will refund the price of the Product in full, including the cost of sending the item to you although you will be responsible for the cost of returning the item to us.
- for any other reason, you must comply with our Returns Policy available on the Website.
- We will usually refund any money received from you using the same method originally used by you to pay for an Order.
OUR WARRANTY FOR THE PRODUCTS
- 11.1 We warrant to you that any Product purchased from us is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
- If you wish to return a Product to us on the basis that it does not conform with the warranty at clause 11.1 please refer to our Returns Policy.
- We will not be liable for breach of the warranty at clause 11.1 if you continue using the Products or it arises as a result of fair wear and tear, wilful damage, negligence, abnormal storage or working conditions or is a result of changes made to ensure the Products comply with applicable statutory or regulatory requirements.
OUR LIABILITY (YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE)
- Our liability for losses you suffer as a result of us being in breach of our obligations under these T&Cs is strictly limited to the purchase price of the Product you purchased.
- Nothing in these T&Cs 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 clauses 3.1 or 3.2.
- Except as expressly stated in these T&Cs, we do not give any representations, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these T&Cs by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
- We are not responsible for any indirect or consequential loss or damage which you may suffer arising under or connection with these T&Cs.
- If we accept an Order for delivery outside the UK, the Products 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.
- We provide professional training for those wishing to learn how to deliver the treatments to their customers (“Training”).
- All Training is booked directly through our office or the Website and will be governed by the terms and conditions available on the Website at Terms and Conditions - Provision of Training .
- If you require further information relating to Training please refer to the Terms and Conditions - Provision of Training or contact us on +44 20 8500 9028 or firstname.lastname@example.org.
- For the purposes of this clause 15, any reference to the Website shall include all the Company’s social media platforms.
- The Website is made available free of charge. We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Website for business and operational reasons.
- We are the owner of all intellectual property rights in the Website, including all our social media platforms, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
- 15.4.1 You may print off one copy, and may download extracts, of any page(s) from the Website for your personal use and you may draw the attention of others to content posted on our site.
- You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
- Our status (and that of any identified contributors) as the authors of content on the Website must always be acknowledged.
- You must not use any part of the content on the Website or the Company’s social media platforms for commercial purposes, other than for the proper promotion of the Brands that you have purchase from the Company to your customer, without obtaining a licence or the necessary authority to do so from us.
- The content on the Website is provided for general information only. It is not intended to amount to advice on which you should rely. Although we make reasonable efforts to update the information on the Website, we make no representations, warranties or guarantees, whether express or implied, that the content on the Website is accurate, complete or up to date.
- Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
- The Website may include information and materials uploaded by other users of the site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.
- We do not guarantee that the Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access the Website. You should use your own virus protection software. You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to our site or do anything that may be a criminal offence under the Computer Misuse Act 1990.
- You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. We reserve the right to withdraw the permission to any such link.
- 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 email 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.
- All notices given by you to us must be given to us at email@example.com. We may give notice to you at either the email or postal address you provide to us when placing an order, or in any of the ways specified in condition 16 above.
- Notices will be deemed received and properly served immediately when posted on the Website, 24 hours after an email 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 email, that such email was sent to the specified email address of the addressee.
TRANSFER OF RIGHTS AND OBLIGATIONS
- The rights or obligations formed under these T&Cs 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 T&Cs 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 T&Cs at any time.
EVENTS OUTSIDE OUR CONTROL
- Our obligations under these T&Cs 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, default of suppliers or sub-contractors.
- 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 T&Cs 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 T&Cs, 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 T&Cs, 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 T&Cs shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 17 above.
- If any of these T&Cs 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.
- These T&Cs 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.
OUR RIGHT TO VARY THESE T&CS
- We have the right to revise and amend these T&Cs from time to time.
- You will be subject to the policies and T&Cs in force at the time that you order products from us, unless any change to those policies or these T&Cs 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 T&Cs before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the T&Cs, unless you notify us to the contrary within seven working days of receipt by you of the Products).
GOVERNING LAW AND JURISDICTION
- Any dispute or claim arising out of or in connection with these T&Cs (including non-contractual disputes or claims) will be governed by English law and shall be subject to the exclusive jurisdiction of the courts of England.
For detailed information of your rights as a consumer please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.