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Terms & Conditions
These terms and conditions shall govern the supply of goods sold on the Website www.cliphair.com which is owned and operated by Cliphair Limited, a company registered in England and Wales under number 06292083 whose registered office address is at Unit 1, Watermill House, Restmor Way, Wallington, SM6 7AH, United Kingdom.
These terms and conditions shall constitute the entire and only agreement between us in relation thereto.
The Customer's attention is drawn in particular to the provisions of Clause 5 and Clause 6.
1. DEFINITIONS & INTERPRETATION
1.1 In these conditions, the following definitions shall apply:
1.1.1 Business Day means a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business.
1.1.2 Company means Cliphair Limited, a company registered in England and Wales under number 06292083 whose registered office address is at Unit 1, Watermill House, Restmor Way, Wallington, SM6 7AH.
1.1.3 Customer and/or You means the person or firm who purchases the Goods from the Company.
1.1.4 Conditions means the terms and conditions set out in this document.
1.1.5 Contract means the contract between the Company and the Customer for the sale and purchase of the Goods in accordance with these Conditions.
1.1.6 Force Majeure Event has the meaning given in clause 7.
1.1.7 Goods means the goods (or any part of them) set out in the Order.
1.1.8 Order means the Customer's order for the Goods, as set out on the Website.
1.1.9 Website means the domain name www.cliphair.com which is owned and operated by the Company.
1.2 The headings in this Agreement are inserted for convenience only and shall not affect its construction;
1.3 A reference to a particular law is a reference to it as it is in force for the time being taking account of any amendment, extension or re-enactment and includes any subordinate legislation for the time being in force made under it;
1.4 A reference to one gender includes a reference to the other gender.
1.5 Any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
1.6 A reference to writing or written includes faxes and e-mails.
2. THE CONTRACT BETWEEN US
2.1 These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
2.2 The Order constitutes an offer by the Customer to purchase the Goods in accordance with these Conditions.
2.3 The Customer will receive confirmation of their Order which shall only indicate that the Company has received the Order. It shall not indicate that the Company has accepted the Customers offer even if payment is taken.
2.4 The Order shall only be deemed to be accepted once the Company has despatched the Goods to the Customer, at which point the Contract shall come into existence unless the Company has notified the Customer that:
2.4.1. the Company does not accept the Order;
2.4.2. deliveries cannot be made to the Customers area;
2.4.3. the Goods are out of stock;
2.4.4. the Goods the Customer ordered were listed at an incorrect price due to a typographical error or an error in the pricing information received by the Company from its suppliers; or
2.4.5. the Customer has cancelled the contract in accordance with Section 5.
2.5 The Customer’s Goods will not be despatched until full payment is received for the Goods.
2.6 In the event that the Order is refused, the Company will notify the Customer by e-mail and will refund the sum deducted by the Company from the Customers credit card as soon as possible within 14 days of the Order.
3.1 The Company shall ensure that:
3.1.1 each delivery of the Goods is accompanied by a delivery note which shows the date of the Order, all relevant Customer and Company reference numbers, the type and quantity of the Goods (including the code number of the Goods, where applicable) and special storage instructions (if any); and
3.2 The Company shall use a third party Courier to deliver the Goods to the location set out in the Order.
3.3 Delivery of the Goods shall be completed on the Goods' arrival at the Delivery Location.
3.4 Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. The Company shall not be liable for any delay in delivery of the Goods.
3.5 If the Company fails to deliver the Goods within 28 days from the time the Customer placed the Order, its liability shall be limited to the Order total. The Company shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event or the Customer's failure to provide the Company with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
3.6 If the Customer fails to accept delivery of the Goods when the Courier attempts to deliver the Goods, the Customer shall collect the Goods from their location at the Courier’s depot.
3.7 If 5 Business Days have passed after the day on which the Courier notified the Customer that the Goods were ready for delivery the Customer has not accepted delivery of them, the Company may resell or otherwise dispose of part or all of the Goods.
4. PRICES AND PAYMENT
4.1 The price of the Goods shall be the price set out at the checkout on the Website.
4.2 The Company may, by giving notice to the Customer at any time before delivery, increase the price of the Goods to reflect any increase in the cost of the Goods that is due to:
4.2.1 any factor beyond the Company’s control (including foreign exchange fluctuations, increases in taxes and duties, and increases in labour, materials and other manufacturing costs);
4.2.2 any request by the Customer to change the delivery date(s), quantities or types of Goods ordered, or the Specification; or
4.2.3 any delay caused by any instructions of the Customer or failure of the Customer to give the Company adequate or accurate information or instructions.
4.3 The price of the Goods is exclusive of the costs and charges of packaging and transport of the Goods, which shall be invoiced to the Customer.
4.4 The price of the Goods is inclusive of amounts in respect of value added tax (VAT).
4.5 Payment by the Customer is made through our secure payment gateway system provided by SagePay. The Company does not at any time have access to the Customer’s payment details in respect of orders placed online.
4.6 The Company does not retain the Customer’s payment details in respect of orders placed by telephone.
4.7 The Company will never contact the Customer by telephone or by e-mail requesting the Customer’s payment details.
5. CANCELLATION AND RETURNS – PLEASE READ CAREFULLY
5.1 The Customer may return the Goods and receive a refund for the Goods ordered from the Company online for any reason at any time up until the end of the fourteenth day (14 days) from the date the Customer received the Goods in accordance with these Conditions. Any returned Goods must be unused, in their original packaging and must be in a resaleable condition. The Company does not accept returns on any items that have been altered in anyway including, but not limited to, being cut, dyed, toned or customised in any way.
5.2 Where the Goods are being returned without any faults or defects, tThe Customer must return the Goods at their own expense to the Company ensuring the Goods are returned in their original resaleable conditionunworn selling condition. The Company shall assess the Goods once received to ensure they conform with this clause. For the avoidance of doubt, the Goods must not be removed from their packaging for hygiene purposes, must be unworn and must not be altered in any way including, but not limited to, being cut, dyed, toned or customised in any way. We offer a free colour matching service to help our Customer’s select the correct colour product, for more information on this service please use the following link: http://www.cliphair.com/colour-matching-service.html or contact us by email at firstname.lastname@example.org or by phone on 03450 211 311 (our calls are handled between 09:30am and 4:30pm Monday-Friday excluding public holidays).
5.3 The Customer may return the Goods if the Goods are defective upon receipt including, but not limited to broken clips, damaged package/box, incorrect colour delivered or any other defect which can be examined by visual examination. Any defect of the Goods must be reported to the Company within 5 days of receipt and the Goods must be returned within 28 days of the Customer receiving the ordered Goods. Where the Goods are being returned because they are faulty or not fit for purpose, the Company will meet the cost of return on the condition that the Carrier is nominated by the Company. For the avoidance of doubt, we will not accept any returns, whether defect or not, where the Goods have been altered in any way including, but not limited to, being cut, dyed, toned or customised in any way.
5.4 The Customer must exercise reasonable care and skill when packaging the Goods in order to ensure their safe return. Goods must be returned in their original packaging.
5.5 The title and risk to the Goods shall remain with the Customer until the Company is in receipt of the Goods and has confirmed their contents.
5.6 To return or cancel Goods ordered online and to receive a refund the Customer must notify the Company first. The Customer can notify the Company by the following means:
5.6.1 By telephone: 08450 211 311 (Calls charged at £0.03 per minute from a UK landline);
5.6.2 By post: Clip Hair, Unit 1, Watermill House, Restmor Way, Wallington SM6 7AH.
5.6.3 By email: email@example.com
5.7 The Company reserves the right to repair or replace any faulty item at their discretion.
6. LIMITATION OF LIABILITY
6.1 Nothing in these Conditions shall limit or exclude the Company’s liability for:
6.1.1 death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable);
6.1.2 fraud or fraudulent misrepresentation;
6.1.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979;
6.1.4 defective products under the Consumer Protection Act 1987; or
6.1.5 any matter in respect of which it would be unlawful for the Company to exclude or restrict liability.
6.2 Subject to clause 6.1:
6.2.1 the Company shall under no circumstances whatsoever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and
6.2.2 the Company’s total liability to the Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 100% of the price of the Goods;
6.2.3 the Company shall under no circumstances whatsoever be liable to the Customer for any losses incurred by the Customer arising as a result of any third party cyber-attacks or hacks of any and all descriptions, including phishing scams or the attempted procurement of Customer’s payment details, occurring in connection with the Website.
6.2.4 the Company has taken all reasonable steps it deems necessary to inform the Customer of potential allergens in all products. In the unlikely circumstances that an allergic reaction occurs, the Company shall not be liable, with the exception of the circumstances outlined in clause 6.1.under no circumstances whatsoever be liable to the Customer.
7. FORCE MAJEURE
7.1 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.
8.1 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.
9.1 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.
10. THIRD PARTY RIGHTS
10.1 A person who is not a party to the Contract shall not have any rights under or in connection with it.
11.1 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.
12. ENTIRE AGREEMENT
12.1 This Agreement shall set out the whole of our agreement relating to the supply of Goods by the Company to the Customer.
13. GOVERNING LAW AND JURISDICTION
13.1 This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be referred to an independent arbitrator and governed by and construed in accordance with English law.
13.2 The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that cannot be resolved by an independent arbitrator.
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