1. The following terms and conditions are set-out by
hairbrains.co.uk.
2
Proprietary rights
2.1
The content of the Hairbrains.co.uk is protected by
copyright, trademarks, database and other intellectual
property rights. You may retrieve and display the content
on a computer screen, store such content in electronic form
on disk (but not any server or other storage device
connected to a network) or print one copy of such content
for your own personal, non-commercial use, provided you
keep intact all and any copyright and proprietary notices.
You may not otherwise reproduce, modify, copy or distribute
or use for commercial purposes any of the materials or
content on the site without written permission from us.
2.2
No licence is granted to you in these Terms and Conditions
to use any trademark or service marks of Hairbrains or its
licensors including, without limitation, the trade marks,
or service marks hairbrains.
3
Prices and VAT (Sales Tax)
3.1
Depending upon your choice of currency, our prices are
stated in Pounds Sterling (£) and include Sales Tax (VAT)
at the rate of 17.5%. If your order qualifies with us for
UK Tax Free Shopping the Sales Tax (VAT) will be
automatically deducted during checkout and a service charge
of £5 will be made.
3.2
Our VAT Number:
3.3
We clearly show you the price you have to pay for our
products. If, by mistake, we have under-priced a product,
we will not have to deliver that product to you at the
stated price, provided that we tell you before we post the
product. You can then decide if you still want the product.
4
Acceptance of your order
4.1
Our products are sold for personal use only. There will be
no contract of any kind between you and us unless we
actually dispatch the products to you. Your order
(including payment) is an offer to buy from us, so nothing
we do or say will amount to any acceptance of that offer
until we actually send the product to you. At any point up
until then, we may decide not to send the products to you
and to give you a full refund. If an item is out of stock,
we will let you know and unless you then request your
payment be returned we will hold your payment until the
product is next in stock. At the moment the goods are
dispatched (and not before), a contract will be made
between you and us.
5
Delivery and charges
5.1
The cost of packing and delivery is clearly displayed at
'checkout' for your approval prior to confirming your
order. For detailed packing and delivery information see
our current Packing & Delivery Charges.
5.2
Our delivery within the UK is usually 1 to 4 days. Our
delivery overseas is usually within 4-7 days. Reasonable
allowance should be made for orders made over the weekend
and at National Holidays. We do our best to deliver within
30 days of the date of your order but shall not be liable
for loss occasioned by delay in delivery arising out of any
cause beyond our control.
6
Cancellation and return
6.1
You have the right to cancel your order at any time up to 7
working days after the day following the delivery of the
goods by contacting our Customer Services department by
telephone, email or post. Your right to cancel is on the
basis that we will be able to re-sell the goods to another
customer as new when you return them to us; so please do
not use or open any sealed packaging. If you have any
questions about the goods or need help on deciding whether
or not to keep them, please contact Customer Services for
more information.
6.2
If the products have already been posted to you (or on your
behalf to any other person), you (or the other person) must
return the products to us at the time of cancellation and
we will credit your credit or debit card with the price of
the products within 30 days beginning with the day on which
notice of cancellation was given. You should return
products to Returns Dept. Hairbrains, 23 Bridge Street (
First Floor ), Burton upon Trent, Staffordshire, DE14 1SY.
enclosing a copy of the original invoice. When returning
goods we recommend that you use recorded delivery, or
obtain a proof of posting (a proof of posting can be
obtained free of charge at any Post Office).
6.3
If you do not return the goods within 7 days of your
cancellation, we will make a charge in respect of the cost
of recovering the goods. If you do not return the goods or
fail to make them available for collection within 30 days
of your notice of cancellation, you will be deemed to have
accepted the goods, at which point a new purchase contract
will be made and you will be charged for your order at the
price set out on the web site.
7
Availability of Hairbrains.co.uk web site
7.1
We try and offer you the best service we can. But we cannot
promise that all our products and services will meet your
requirements and we cannot guarantee that the HQ Sites will
be fault free. If you find a fault, please let us know by
contacting us.
8
Liability of Hairbrains Sites
8.1
The Hairbrains Sites are provided by us without any
warranties or guarantees. You must bear the risks
associated with the use of the Internet. If we are informed
of any inaccuracies in the material on the Hairbrains Sites
we will try to correct them as soon as we can.
8.2
In particular we are not liable to you for the following:
8.2.1
Incompatibility of the Hairbrains.co.uk with any of your
computer or telecommunications equipment or software;
8.2.2
Technical problems or errors or interruptions of the
Hairbrains.co.uk;
8.2.3
Inadequacy of the Hairbrains.co.uk to meet your
requirements.
8.3
To the full extent allowed by applicable law, you agree
that we will not be liable to you or any third party for
any consequential or incidental damages (included but not
limited to loss of revenue, loss of profits, loss of
anticipated savings, wasted expenditure, loss or privacy or
loss of data) or any other indirect, special or punitive
damages whatsoever that arise out of or are related to the
Hairbrains.co.uk.
8.4
Nothing in this paragraph 8 applies to liability in respect
of products sold through the Hairbrains.co.uk.
8.5
Nothing in these Terms and Conditions excludes liability
for death or personal injury caused by our negligence or
fraud.
9
Complaints
We aim to deal with any complaints in a fair, confidential,
swift and effective way. They should be directed to us and
include full contact details in addition to your e-mail
address together with order number where appropriate.
10
Changes
We may update these Terms and Conditions from time to time
and any changes will be notified to you via the email
address provided by you on registration or via a suitable
announcement on the Hairbrains.co.uk. The changes will
apply to the use of the Hairbrains.co.uk after we have
given notice. If you do not wish to accept the new Terms
and Conditions you should not continue to use the
Hairbrains.co.uk. If you continue to use the
Hairbrains.co.uk after the date on which the change comes
into effect, your use of the Hairbrains.co.uk indicates
your agreement to be bound by the new Terms and Conditions.
11
Privacy
11.1
We will only use the information that we collect about you
lawfully in accordance with the Data Protection Act.
11.2
We collect information about you for two reasons: firstly,
to process your order and secondly to provide you with the
best possible service.
11.3
We will not pass your email address to other trusted
traders unless you agree.
11.4
The type of information we will collect about you includes:
• your name
• address
• phone number
• email address
11.5
We will never collect sensitive information about you
without your explicit consent.
11.6
The information we hold will be accurate and up to date.
You can check the information that we hold about you by
emailing us. If you find any inaccuracies we will delete or
correct it promptly. The personal information which we hold
will be held securely in accordance with our internal
security policy.
12
General
12.1
We make no promise that materials on the Hairbrains.co.uk
are appropriate or available for use in locations outside
the United Kingdom, and accessing the Hairbrains.co.uk from
territories where its contents are illegal or unlawful is
prohibited. If you choose to access an Hairbrains Site from
locations outside the United Kingdom, you do so on your own
initiative and are responsible for compliance with local
laws.
12.2
These Terms and Conditions shall be governed by and
construed in accordance with the laws of England and Wales
and any disputes will be decided only by the English
courts. Any contracts between you and us are concluded in
English.
12.3
If any of these Terms and Conditions is held by any court
of competent authority to be unlawful, invalid or
unenforceable, in whole or in part, this will not affect
the validity of the remaining Terms and Conditions which
will continue to be valid and enforceable to the fullest
extent permitted by law.
12.4
You may not assign, sub-license or otherwise transfer any
of your rights under these Terms and Conditions.
12.5
If you breach these Terms and Conditions and we ignores
this, we will still be entitled to use our rights and
remedies at a later date or in any other situation where
you breach the Terms and Conditions.
12.6
We shall not be liable for any breach of these Terms and
Conditions beyond our reasonable control.
12.7
A person who is not a party to these Terms and Conditions
shall have no right under the Contract (Rights of Third
Parties) Act 1999 to enforce any term of these Terms and
Conditions but this shall not affect any right or remedy of
a third party which exists or is available apart from that
Act.