TERMS AND CONDITION OF SUPPLY
Sometimes these may change and so you should check every time you place an order to ensure you understand what is being asked of you and of The Company.
Please understand that if you choose not to accept these terms and conditions, you will not be able to create an account or order any Products from Our Website.
1. About Us
The Company is the supplier of the Products. We operate the website www.hdbrows.com. We are High Definition Brows Limited, a company registered in England under company number 06483674, with our registered office at Admiral House, Rose Wharf, 78 East Street, Leeds, West Yorkshire, LS9 8EE, and VAT number 946033233.
2. Your Status
2.1. By placing an order through our site, you warrant that you are at least 16 years old and that you are legally capable of entering into binding contracts. Please do not place an order with us if you are neither of these.
2.2. If you are not a consumer, and you purchase any Products on behalf of a business, you confirm that you have the authority to bind any business that you have made the purchase on behalf of.
3. Placing An Order And How The Contract Is Formed Between You And Us
3.1. You will be guided through the process of placing an order by a series of simple instructions on our site. You will have the opportunity to review your proposed order and confirm or correct it prior to finally placing your order.
3.2. After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and our acceptance of your order and completion of the contract between us will take place only when we have dispatched the Product to you.
3.3. Your order will be dispatched according to the delivery option you have selected during the checkout process.
3.4. All Products shown on Our Website are subject to availability at the time of placing your order.
3.5. The Contract will relate only to those Products which we dispatch. No Contract will exist in respect of any other Products which may have been part of your order until the dispatch of such Products to you.
4. Returns Policy
4.1. If you are contracting as a consumer, you have a statutory right to cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 9 below). In addition to your statutory rights because we want you to be pleased with the Products you have purchased we offer a 30 day right to Cancel a contract provided that the Products are returned to us unopened within 30 days of purchase.
4.2. We will usually refund any money received from you using the same method originally used when you placed the order and made the purchase.
4.3. To cancel a Contract, you must inform us in writing at our registered office address, or via email at email@example.com. You must also return the Product(s) to us immediately, unopened in the same condition in which you received them. The cost of returning any Products to us shall be at your expense and risk unless the Products are damaged or faulty. You have a legal obligation to take reasonable care of the 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.
4.4. You will not have any right to cancel a Contract for the supply of any of the following Products: products which have been opened or which we reasonably believe have been used; Gift vouchers.
4.5. We strongly recommend that Products be return to us by a recorded delivery service as we cannot accept liability for Products lost in transit. You should also insure those products if you fear they may get lost in the post.
4.6. This policy is only applicable to Products purchased online by Our Website. We are unable to process returns for purchases made with a partner of ours or any other source.
4.7. Your statutory rights remain unaffected.
5. Product Descriptions
5.1. The Company takes all reasonable care to ensure that the description, details and images of Products appearing on Our Website are correct at the time when the relevant information was entered onto the system.
5.2. To the extent permissible by the applicable law, the Company does not warrant that the product descriptions, colours or other content available on Our Website is accurate, complete, reliable, current or error free.
5.3. The images on our site are for illustrative purposes only and may not be reflective of the actual products that you receive, specifically in terms of style and labelling.
5.4. Although we have made every reasonable effort to display the colours and packaging accurately, we cannot guarantee that your computer’s display (or that of your mobile device) will accurately reflect the colour of the Products.
5.5. Although we try to keep our site as up to date as possible, information which appears on the site including Product descriptions, may not always reflect the Product exactly at the time you place an order.
5.6. Any displayed mark-up percentage is calculated by taking the RRP (exc. VAT) and subtracting the trade price, this is then divided by the trade price and multiplied by 100 to create the percentage figure. All displayed percentage figures exclude VAT. Mark up percentage varies dependent on customer group.
5.7 Any finance priced advertised are indicative, for illustration purposes only. Payments, length, and interest rates vary dependant on the package and credit rating of the customer. Finance supplied by Johnson Reed Ltd, authorised and regulated by the UK Financial Conduct Authority, FCA no. 661888. Products are leased to customer until finance agreement is paid in full. All finance offers subject to credit checks and approval from Johnson Reed. Full Terms and Conditions supplied upon purchase of finance agreement.
6. Availability And Delivery
6.1 The Products described on Our Website are usually intended for promotion and sale in the UK and the Isle of Man.
6.2. We will accept orders from other territories but note that your Country may require you to pay an import charge for the Products you buy. The Company is not liable for these charges. We advise you check this before placing your order.
6.3. Where you live overseas, there may be an exceptional charge for the cost of delivery. You will be advised by email should this be the case before your order is accepted. Please note – overseas orders are exempt from all ‘Free Delivery’ promotions.
6.4. Please also note that you must comply with all applicable laws and regulations of the Country for which the products are destined. The Company will not be liable for any breach by you of any such laws.
6.5. Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
6.6. If you are uncertain about delivery times, costs including import duties and any other issues then please contact us.
6.7. Delivery will be undertaken by independent shipping companies. Delivery times quoted are those stated by the shipping companies and once goods have left the premises are under the control of that company. We may assist with tracking orders but you must be aware there may be delays due to weather, transportation issues and any other force majeure and we will not accept liability in these instances.
6.8. A signature may be required from the courier on delivery. You must inspect the package for any damage and report any damage to the courier before signing for the goods. We also request that you take a photograph of the damaged package and report the damage to us no later than 24 hours after you received the package by contacting us.
7. Our Status
We may provide links on Our Website to the websites of other companies, whether affiliated with us or not. The Company cannot give any undertaking that products you purchase from third party sellers through Our Website, or from companies to whose website we have provided a link on our site, will conform to its description, be of satisfactory quality and/or fit for its purpose, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. If you would like information about your legal rights you should contact your local trading standards authority or citizens advice bureaux. We will notify you when a third party is involved in a transaction, and we may disclose your personal information related to that transaction to the third party seller.
8. Risk And Title
8.1. The Products will be at your risk from the time of delivery.
8.2. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
8.3. Upon receipt you must inspect the Products. You will be deemed to have accepted the Products unless you notify us that you have cancelled the order and/or you return the Products in accordance with the Returns Policy set out at clause 4. If no such action is taken by you we shall not be obliged to accept any rejection of the Products at a later date. Your statutory rights are not affected.
9. Price And Payment
9.1. The price of any Products will be as quoted on Our Website from time to time, except in cases of obvious error.
9.2. These prices include VAT for consumer products and exclude VAT for Pro Products but exclude delivery costs, which will be added to the total amount due.
9.3. 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.
9.4. Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site 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 our site, 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.
9.5. 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 could have reasonably been recognised by you as a mispricing.
9.6. Payment for all Products must be by credit or debit card. We will charge your credit or debit card on receipt of your order.
10. Our Refunds Policy
10.1. When you return a Product to us: (a) because you have cancelled the Contract between us within the seven-day or 30-day cooling-off period (see clause 4.1 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 Product 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. (b) for any other reason (for instance, because you have notified us in accordance with clause 19.2. that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product is defective), we will examine the returned Product and in the case of a defective Product or a Product you have had a reaction to will contact you to discuss the reaction and will notify you of our decision in respect of a refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
10.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
11. Our Liability
11.1. We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
11.2. Our liability for losses you suffer as a result of us breaking these terms and conditions is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaking the terms and conditions. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by the Company.
11.3. This does not include or limit in any way our liability: (a) For death or personal injury caused by our negligence; (b) Under section 2(3) of the Consumer Protection Act 1987; (c) For fraud or fraudulent misrepresentation; or (d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
11.4. We are not responsible for indirect losses which happen as a side effect of the main loss or damage (such as loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time) however arising and whether caused by tort (including negligence), breach of contract or otherwise.
11.5. All warranties, terms or conditions implied by statute, common law, custom or otherwise regarding description, quality, fitness for purpose, or compliance with description or sample of the goods are excluded to the fullest extent permitted by law.
12. Written Communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, 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 our 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 provided to High Definition Brows Limited at our registered office address (as stated within these Terms) or via email at firstname.lastname@example.org – any email correspondence is only deemed to be received by us if you have received an email acknowledgement from a member of our team, confirming receipt of your email. You must retain all acknowledgement emails for future reference and in the event of a dispute. 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 clause 12 above. Notice will be deemed received and properly served immediately when posted on our 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.
14. Transfer Of Rights And Obligations
14.1. The contract between you and the Company is binding on you and us and on our respective successors and assigns.
14.2. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
14.3. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
15. Events Outside Our Control
15.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
15.2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: (a) Strikes, lock-outs or other industrial action. (b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war. (c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster. (d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport. (e) Impossibility of the use of public or private telecommunications networks. (f) The acts, decrees, legislation, regulations or restrictions of any government.
15.3. Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
16.1. If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
16.2. A waiver by us of any default shall not constitute a waiver of any subsequent default.
16.3. 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 clause 13 above.
If any of these terms and Conditions or any provisions of a Contract 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.
18. Entire Agreement
18.1. . 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.
18.2. We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
18.3. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
19. Our Right To Vary These Terms And Conditions
19.1. We have the right to revise and amend these terms and conditions from time to time by posting the changes on our site.
19.2. 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).
20. Law And Jurisdiction
Contracts for the purchase of Products through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
21. Third Party Rights
A person who is not party to these terms and conditions or a Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.