TERMS AND CONDITIONS
I know it’s boring, but it has to be done, here goes the legal nitty-gritty
1. INFORMATION ABOUT US
1.1 www.wonderbeauty.co.uk is a site operated by Wonder Beauty Limited. We are registered in England and Wales under company number 11021794 and our registered office is at 2 Overstone Road Moulton Northants NN3 7UG. Our VAT number is 323379894. You can email us here firstname.lastname@example.org.
2. SERVICE AVAILABILITY
2.1 Our site is intended primarily for use by people resident in the UK. We do however also accept orders from individuals resident in other, non-UK, European Union member states. Please note that our delivery and returns policies differ according to whether you are resident in the UK mainland, non-mainland UK or another European Union member state.
3. YOUR STATUS
3.1 By placing an order through our site, you warrant that:
you are legally capable of entering into binding contracts
you are at least 18 years old
you are resident in either the UK or another European Union member state; and
you are accessing our site from the UK or another European Union member state
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1 After placing an order, you will receive an e-mail from us confirming that your order has been accepted (Order Confirmation). The contract between us (Contract) will only be formed when we send you this Order Confirmation.
4.2 The Contract will relate only to those Products whose order we have confirmed in the Order Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the order of such Products has been confirmed in a separate Order Confirmation.
5. TRADE ONLY
5.1 Wonder Beauty Limited operates exclusively as a wholesaler, it does not sell directly to the General Public. It does not deal with Consumer Sales. All sales are to the Trade. By placing an order with Wonder Beauty Limited you are confirming that you are not a Consumer for the purposes of the Consumer Credit legislation and for the Purposes of Sale of Goods legislation and that you are in business and purchasing the goods for the purpose of that business and not for personal use. All products sold on this website are intended for those qualified in the hairdressing or beauty trade and are for sale on a trade only basis. Customers should be qualified to use the products sold on this website. Goods are sold on the understanding that they will be used for their intended purpose. No responsibility will be accepted by The Seller, for trained or untrained personnel without qualified supervision using or mis-using equipment supplied by The Seller. If you are a business customer, it is your responsibility to ensure that you are insured for products that you are using and we reserve the right to ask you for proof of professional status.
5.2 To cancel an order, you must inform us in writing or by email or by telephone. In addition, the Products must be in the same condition in which you received them which means, for the avoidance of doubt and without limitation, that they must be in perfect resale-able condition and undamaged in any way, and the protective packaging must still be unopened. You have a legal obligation to take reasonable care of the Products while they are in your possession. You may also cancel your Order by emailing your cancellation to email@example.com.
5.4 This does not affect your statutory rights.
6. PRODUCTS AND SERVICES
6.1 All descriptions of the Products on our site are correct at the time of publication on our site. We have a policy of continuous product development and reserve the right to amend the specification of Products without prior notice in relation to future sales.
6.2 The measurements of the Products are as accurate as possible, but are nevertheless approximate.
6.3 It is your responsibility to check that all the details on the order are correct, including the exact specifications of the Products and delivery details.
6.4 Stock availability and delivery dates provided on the website and subsequently communicated in any form are estimates and cannot be guaranteed.
7.1 Either we or our nominated delivery partner will contact you to notify you when your order will be despatched and, subject to the separate provisions below relating to customers resident outside mainland UK or in other European Union member states, will arrange a date for delivery to the address specified by you.
7.2 Either we or our nominated delivery partner will deliver your Products to any UK mainland address (excluding Northern Ireland). The charges will vary, but will be indicated when you place your order. We reserve the right to require proof of identification from you when making a delivery to you.
7.3 You are required to take delivery on the date agreed between us, otherwise we reserve the right to charge you an additional redelivery fee. This payment will be due before redelivery.
7.4 Time of delivery is not of the essence in these terms and conditions. We will not be liable for any direct or indirect loss of profits or other financial loss or damage suffered by you through any delay.
7.5 For all deliveries, our nominated delivery partner will exercise every caution and extend every courtesy during delivery. Neither we nor they can be held liable for any accidental damage to your property or person, however caused, and only enter your premises under these conditions.
7.6 At the time of delivery unless agreed a signature will be required to acknowledge delivery. The signature of the person accepting delivery at the delivery address will be proof that you or the person to whom the order is addressed has received delivery.
7.7 You are responsible for checking the condition of the Products delivered and must highlight any issues upon receipt with the delivery carrier and to us within 24 hours of receipt. We will agree a means of resolving the issues that are presented at this time.
7.8 Your order will be packed to the highest possible standards. Should you have any concerns prior to or following delivery please contact us on firstname.lastname@example.org.
Some of our goods are sold with a manufacturer's warranty, guarantee or similar assurance (please see the relevant product description on our website for further details). Any complaint, query or claim under a manufacturer's warranty, guarantee or similar assurance must be made direct to the manufacturer and we do not have any responsibility or liability under or in connection with any such warranty, guarantee or assurance.
8.3 These guarantees do not cover fair wear and tear, neglect, abuse or misuse of your goods, loss or damage (including rusting and corrosion) due to unreasonable exposure to water, heat or weather; loss or damage due to fire, smoke, explosion, lightning, sunlight, infestation by animals or boring insects, damage by animals generally or theft, or accidental damage or loss caused by a third party.
8.4 In the event of a claim under guarantee occurring, please contact email@example.com giving your sales invoice number, your address, contact details and a summary of the problem with accompanying photos if requested. We will then notify you whether the claim is valid via telephone or e-mail within a reasonable period of time.
8.5 In the event of an accepted claim we will endeavour to repair the defective goods free of charge. If a repair is not possible you will be offered a replacement and only if a suitable replacement is not available will you be offered a refund.
8.6 We will not be liable for any direct or indirect loss of profits or other financial loss or damage arising out of defective, damaged or wrongly delivered goods, over and above the value of the actual goods themselves supplied by us. This does not affect your statutory rights.
8.7 Our guarantees are limited to goods sold and retained in mainland United Kingdom (excluding Northern Ireland).
9. RISK AND TITLE
9.1 The Products will be at your risk from the time of delivery.
9.2 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 (if any).
10. PRICE AND PAYMENT
10.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
10.2 These prices exclude VAT and any delivery costs which will be added to the total amount due as set out in our delivery charges.
10.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.
10.4 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.
10.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
10.6 Payment for all Products may be made by cheque (which must be received and cleared before delivery), bank transfer, credit or debit card. We accept payment by Visa, Mastercard, Delta/Connect and Maestro.
10.7 Products cannot be delivered until full payment has been received.
11. OUR REFUNDS AND RETURNS POLICY
11.1 When you return a Product to us:
Please note that it is your responsibility to ensure that these arrive with us as we do not accept liability for goods lost in transit. You will be responsible for returning the Product in a re-saleable condition safely back to us.
11.2 We will usually process the refund due to you as soon as possible and, in any case, within 7-10 days of the day we confirmed to you via e-mail that you were entitled to a refund
11.3 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
12. OUR LIABILITY
12.1 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.
12.2 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
12.3 This does not include or limit in any way 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
for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
12.4 We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including but not limited to:
loss of income or revenue;
loss of business;
loss of profits or contracts;
loss of anticipated savings;
loss of data; or
waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, provided that this clause 12.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 12.1 or clause 12.2 or any other claims for direct financial loss that are not excluded by any of categories inclusive of this clause 12.4.
13. IMPORT DUTY
13.1 If you order Products from our site for delivery outside the UK, they 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.
13.2 Please also note that 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.
14. WRITTEN COMMUNICATIONS
14.1 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. In the event of a questions or complaints please email firstname.lastname@example.org. See section 23. Complaints process below for details of the complaints process.
15.1 All notices given by you to us must be given to Wonder Beauty Ltd 2 Overstone Road Moulton Northants NN3 7UG or emailed to email@example.com. 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 14 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.
16.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
16.2 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.
16.3 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.
17. EVENTS OUTSIDE OUR CONTROL
17.1 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).
17.2 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:
Strikes, lock-outs or other industrial action;
Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
Impossibility of the use of public or private telecommunications networks;
The acts, decrees, legislation, regulations or restrictions of any government.
17.3 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.
18.1 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.
18.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
18.3 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 15 above.
19.1 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.
20. ENTIRE AGREEMENT
20.2 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.
20.3 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.
21. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
21.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
21.2 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 Order 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).
22. LAW AND JURISDICTION
22.1 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.
23. COMPLAINTS PROCESS
23.1 If you have any complaints about the products or service that we have provided, please contact firstname.lastname@example.org and we will do our best to resolve it.
24. TERMS OF WEBSITE USE
25. ACCESSING OUR SITE
25.1 Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
25.2 You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
26. INTELLECTUAL PROPERTY RIGHTS
26.1 We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
26.2 You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.
26.3 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.
26.4 Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
26.5 You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
26.7 Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
27. OUR LIABILITY
27.1 The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
loss of income or revenue;
loss of business;
loss of profits or contracts;
loss of anticipated savings;
loss of data;
loss of goodwill;
wasted management or office time; and
for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
27.2 This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
28. INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE
29. TRANSACTIONS CONCLUDED THROUGH OUR SITE
29.1 Contracts for the supply of goods or services formed through our site or as a result of visits made by you are governed by our terms of conditions of supply.
30. VIRUSES, HACKING AND OTHER OFFENCES
30.1 You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
30.2 By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
30.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
31. LINKING TO OUR SITE
31.1 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, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you.
31.2 Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice.
31.3 If you wish to make any use of material on our site other than that set out above, please address your request to email@example.com.
32. LINKS FROM OUR SITE
32.1 Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. Jurisdiction and applicable law.
33. TRADE MARKS
33.1 "wonder beauty" logo is a UK registered trade mark of Wonder Beauty Limited.
35. YOUR CONCERNS
35.1 If you have any concerns about material which appears on our site, please contact-us. Thank you for visiting our site.
36.1 Wonder Beauty Limited are committed to protecting and respecting your privacy.
36.3 For the purpose of the Data Protection Act 1998 (Act), the data controller is Wonder Beauty Limited of 2 Overstone Road Moulton Northants, NN3 7UG.
36.4 We may record telephone conversations to use in our internal staff training programme
37. INFORMATION WE MAY COLLECT FROM YOU
37.1 We may collect and process the following data about you:
Information that you provide by filling in forms on our site www.wonderbeauty.co.uk. This includes information provided at the time of registering to use our site, subscribing to our service, posting material or requesting further services. We may also ask you for information when you report a problem with our site.
If you contact us, we may keep a record of that correspondence.
We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.
Details of transactions you carry out through our site and of the fulfilment of your orders.
Details of your visits to our site and the resources that you access.
38. IP ADDRESSES AND COOKIES
38.1 We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users' browsing actions and patterns, and does not identify any individual.
38.2 For the same reason, we may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer's hard drive. They help us to improve our site and to deliver a better and more personalised service. They enable us:
To estimate our audience size and usage pattern.
To store information about your preferences, and so allow us to customise our site according to your individual interests.
To speed up your searches.
To recognise you when you return to our site.
39. WHERE WE STORE YOUR PERSONAL DATA
39.2 All information you provide to us is stored on secure servers. Any payment transactions will be encrypted using SSL technology.
39.3 Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
40. USES MADE OF THE INFORMATION
40.1 We use information held about you in the following ways:
To ensure that content from our site is presented in the most effective manner for you and for your computer.
To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes.
To carry out our obligations arising from any contracts entered into between you and us.
To allow you to participate in interactive features of our service, when you choose to do so.
To notify you about changes to our service.
40.2 We may also, very occasionally, make your postal address details available to similar and interesting companies, whose products may interest Wonder Beauty customers. If you do not want us to do this then you can let us know by e-mailing us at firstname.lastname@example.org.
40.3 If you are an existing customer, we will contact you by post, e-mail or telephone with information about goods and services similar to those which were the subject of a previous sale to you.
40.4 If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by post, e-mail or telephone if you have consented to this.
40.5 If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes then please call let us know by emailing us at email@example.com.
41. DISCLOSURE OF YOUR INFORMATION
41.1 We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.
41.2 We may disclose your personal information to third parties:
in the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets; or
if Wonder Beauty Limited or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets; or
if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or
to protect the rights, property, or safety of Wonder Beauty Limited, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
42. YOUR RIGHTS
42.1 You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by selecting the "unsubscribe" button on any marketing materials which you receive.
42.2 Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
43. ACCESS TO INFORMATION
43.1 The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.
46. CONTACT US
46.1 This website is owned and operated by Wonder Beauty Limited.
46.2 If you have any questions about our cookies or this Cookies Policy, please contact us by email, by telephone, or by post. Our contact details are accessible on this page.