a) These terms and conditions set out the basis on which you can use our website. By ordering goods from LUSH HAIR EXTENSIONS you are deemed to have understood and accepted these terms and conditions, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms and Conditions.
b) The supplier of the goods featured is LUSH HAIR EXTENSIONS, a trading name of LUSH HAIR EXTENSIONS LTD. Registered office, 9 Bridge Street, Walton-On-Thames, Surrey, KT12 1AE. Registered number 7018918 (England and Wales) You may contact us at this address or by email email@example.com or call us on 01932 251 131 (National call rates apply). Telephone calls to and from LUSH HAIR EXTENSIONS may be recorded or monitored as part of our efforts to further improve service to our customers.
c) In these Terms and Conditions 'Working Day' means Monday to Friday 9.30am - 5.30pm, in each week except any Bank or Public Holidays.
d) In these terms and conditions ‘goods’, ‘hair extensions’ and 'hair extension products' means tape for fixing wigs; wigs for wear; wigs; hair clips; hair extensions; hair (false -); hair pieces; hair (Plaited -); hair (Tresses of -) and human hair; human hairpieces, brushes and hair extension cases.
2) Intellectual Property, Software and Content
a) The intellectual property rights in all software and content made available to you on or through this Website remains the property of LUSH HAIR EXTENSIONS and are protected by copyright laws and treaties around the world. All such rights are reserved by LUSH HAIR EXTENSIONS. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
b) You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by LUSH HAIR EXTENSIONS. LUSH HAIR EXTENSIONS is a trade mark belonging to LUSH HAIR EXTENSIONS LTD. No licence or consent is granted to you to use these marks in any way, and you agree not to use these marks or any marks which are colourably similar without the written permission of LUSH HAIR EXTENSIONS.
3) Terms of Sale
a) All orders are subject to availability and confirmation of the order price. Your order is accepted and a contract is formed between LUSH HAIR EXTENSIONS and you when we despatch the goods you have ordered and not before. All orders for goods until accepted or rejected at its discretion by LUSH HAIR EXTENSIONS shall be deemed to be an offer by the Buyer to purchase goods pursuant to these conditions and all goods are offered subject to availability.
b) In order to contract with LUSH HAIR EXTENSIONS you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. LUSH HAIR EXTENSIONS retain the right to refuse any request made by you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
4) Pricing and Availability
a) Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. Any typographical, clerical or other error or omission in any sales literature, quotations, price lists, acceptance of offer, invoice or other document or information issued by LUSH HAIR EXTENSIONS shall be subject to correction without any liability on the part of LUSH HAIR EXTENSIONS
a) Upon receiving your order we carry out a standard pre-authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. Goods will not be dispatched until this pre-authorisation check has been completed.
a) Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
b) Any dates quoted for delivery of the goods or supply of services are approximate only, LUSH HAIR EXTENSIONS shall not be liable for any delay with regards thereto howsoever caused. Time for delivery or supply shall not be of the essence unless previously specified by the buyer and agreed in writing by the LUSH HAIR EXTENSIONS.
c) The buyer agrees that LUSH HAIR EXTENSIONS will where necessary, deliver consignments to a neighbour of the consignee or leave the consignment in a safe place. Unless it is specified otherwise by the buyer and agreed in writing by the LUSH HAIR EXTENSIONS.
d) Next Day Delivery UK:
i) Orders placed before 3pm Monday to Friday will be delivered the next working day before 6pm.
ii) Orders placed after 3pm on Friday will be despatched Monday for delivery before 6pm on Tuesday
e) Saturday Delivery UK:
i) If you place your order on Friday before 3pm the buyer will have the option to choose Saturday delivery. If the Saturday delivery option is chosen the order will be delivered before 6pm on Saturday
f) International Delivery:
i) Orders placed before 3pm Monday to Friday will be despatched the same day
ii) Orders placed after 3pm Friday will be despatched Monday
iii) Deliveries within the EU are estimated to arrive within 3-5 working days
iv) Deliveries within the EU do not qualify for free delivery for orders over £100
v) Deliveries outside of EU are estimated to arrive within 7-10 working days
vi) Deliveries outside of EU do not qualify for free delivery for orders over £100
g) Following the delivery of goods unless the Buyer notifies the LUSH HAIR EXTENSIONS within 3 working days of any discrepancies in the goods received all the goods ordered as stated on the delivery note shall be deemed to have been delivered.
a) LUSH HAIR EXTENSIONS reserves the right to make any changes in the specification of the goods which are required to conform with any applicable safety or other statutory requirements, or where the goods are to be supplied to LUSH HAIR EXTENSIONS specification which do not materially affect their quality or performance. Whilst the LUSH HAIR EXTENSIONS will endeavour to supply the product ordered, LUSH HAIR EXTENSUIONS reserves the right to supply hair extension products of a comparable specification without notice and to vary to a reasonable extent the qualities delivered by those ordered to conform with LUSH HAIR EXTENSIONS or its suppliers standard packaging.
8) Promotional discount codes
a) We may from time to time offer promotional discount codes which may apply in respect of any, or certain specified, purchases made though this Website.
b) The conditions of use relating to any discount code will be specified at the time of issue.
c) Parts i), ii) and iii) relate to all LUSH HAIR EXTENSIONS promotions, competitions and discount codes (unless otherwise stated).
i) Only one promotion code can be used per order.
ii) Maximum pre-discount spend limit of £500 applies per order.
iii) A promotion code can't be used after an order has been placed.
a) By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
10) Right to cancel, Returns & Exchanges
a) The buyer has the right to cancel the contract within 14 days without giving any reason.
b) The cancellation period will expire after 14 days from the day on which the buyer acquires, or a third party other than the carrier and as indicated by the buyer acquires, physical possession of the goods.
c) To exercise the right to cancel or exchange, the buyer must inform LUSH HAIR EXTENSIONS of their decision to cancel or exchange this contract by a clear statement (e.g. a letter sent by post or e-mail). Our contact details are:
i) LUSH HAIR EXTENSIONS, 44b Terrace Road, Walton On Thames, Surrey, KT12 2SA, e-mail: firstname.lastname@example.org, Tel: 01932 251 131 (National call rates apply).
d) You may also use the online cancellation and exchange form, but it is not obligatory.
e) To meet the cancellation returns and exchanges deadline, the buyer must send their communication to LUSH HAIR EXTENSIONS exercising their right to cancel, or exchange before the cancellation period has expired.
f) Effects of cancellation – Refunds
i) If you cancel this contract, we will refund to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us). We may make a deduction from the refund for loss in value of any hair extension products supplied, if the loss is the result of unnecessary handling by you. The deduction can be up to the value of the goods.
ii) We will make the refund without undue delay, and not later than-
(1) 14 days after the day we receive back from you any hair extension products supplied, or
(2) (if earlier) 14 days after the day you provide evidence that you have returned the hair extension products, or
(3) If there were no hair extension products supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
iii) We will make the refund using the same means of payment as used by the buyer for the initial transaction, unless the buyer has expressly stated and LUSH HAIR EXTENSIONS have agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
iv) We may withhold the refund until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
v) The buyer shall send back the hair extension products or hand them over to us, without undue delay and in any event not later than 14 days from the day on which the buyer communicates their cancellation from this contract to LUSH HAIR EXTENSIONS. The deadline is met if you send back the goods before the period of 14 days has expired.
vi) The buyer is only liable for any diminished value of the hair extension products resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the hair extension products.
g) Circumstances under which there is no right to cancel
i) The buyers, right to cancel, return or exchange hair extension products, will be lost in the following circumstances-
(1) The hair extension products hygiene seal is broken and / or the packaging opened and / or the hair extensions have been tried on or worn and / or dyed, and / or
(2) The buyer fails to notify LUSH HAIR EXTENSIONS on or before the cancellation period expires as set out in clause 10) b) and 10) c) and 10) d) and 10) e), and / or
(3) The buyer fails to send back the hair extension products or hand them over within the time period allowed and as specified in clauses 10) f) v).
i) The buyer can exchange their hair extensions for any reason provided always that-
(1) The hair extension products hygiene seal remains intact the packaging is unopened and the hair extensions have not been worn and / or tried on, and
(2) The buyer notifies LUSH HAIR EXTENSIONS of their wish to exchange the hair extension products 14 days from the day on which the buyer acquires, or a third party other than the carrier and as indicated by the buyer acquires, physical possession of the goods.
(3) The buyer sends back the hair extension products or hand them over to us, without undue delay and in any event not later than 14 days from the day on which the buyer communicates their cancellation from this contract to LUSH HAIR EXTENSIONS. The deadline is met if you send back the goods before the period of 14 days has expired.
ii) We will process the exchange without undue delay, and not later than-
(1) 1 working day after the day we receive back from the buyer any hair extension products to be exchanged, or
(2) (If earlier) 1 working day after the day you provide evidence that you have returned and we have received the hair extension products to be exchanged.
iii) The exchanged items will be dispatched to the buyer using a royal mail tracked 48 delivery service.
(1) LUSH HAIR EXTENSIONS will bear the cost of the delivery service stated in clause 10) h) iii) only any other delivery requested by the buyer will be charged at that delivery service current rate.
i) SWAPit Service
i) Where the buyer has purchased the SWAPit service as part of their original order, LUSH HAIR EXTENSIONS will-
(1) Collect the original hair extension products from the buyer, and
(2) Deliver to the buyer the next working day, within the agreed 1hr time slot and not after 6pm, the replacement hair extension products, and
(3) Bear the cost of both delivery and collection
ii) Provided always that-
(1) Clause 10) h) i) (1) and 10) h) i) 2) have been met by the buyer, and
(2) The buyer selected and paid the additional cost for the SWAPit service at checkout on the original order, and
(3) The buyer informs LUSH HAIR EXTENSIONS of their wish to exercise their right to use the SWAPit service, in accordance with clauses 10) b) and 10) c) and 10) d) and 10) e), before 2pm.
iii) If the buyer informs LUSH HAIR EXTENSIONS after 2pm the notice will be treated as having been received the next working day before 2pm.
iv) If the first delivery attempt fails, as a result of error on the part of the buyer, the buyer will bear-
(1) The costs associated with this failed attempt limited to the current stated cost of the service less the original price paid for the service, and
(2) The cost of any future delivery attempts, as requested by the buyer, limited to the current stated cost of the service.
v) If the first delivery attempt fails, as a result of error on the part of the LUSH HAIR EXTENSIONS, LUSH HAIR EXTENSIONS will re-arrange delivery with the buyer for the next suitable working day delivery.
vi) Orders for the SWAPit service made separate from the original order will be treated as a separate transaction and will be charged the current stated cost of the SWAPit service.
vii) The current stated cost of the service is £7.50+ VAT
11) Warranty and Liability
a) Hair extension products found to be defective, incorrectly supplied or invoiced as a result of error on the part of LUSH HAIR EXTENSIONS will be replaced or refunded without additional cost to the buyer. Provided always that:
i) The buyer notifies LUSH HAIR EXTENSIONS in writing of the defect or error, and
ii) The buyer makes the hair extension products available for LUSH HAIR EXTENSIONS to collect from the original delivery address, without undue delay and in any event not later than 14 days after the day on which the buyer informs LUSH HAIR EXTENSIONS of the defect.
b) This warranty is given by LUSH HAIR EXTENSIONS subject to the condition that the LUSH HAIR EXTENSIONS shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow LUSH HAIR EXTENSIONS instructions and/or care guide, misuse, alteration or repair without LUSH HAIR EXTENSIONS approval.
c) Where any valid claim in respect of any goods which is based on any defect in the quality or condition of the goods or their failure to meet specification is notified to LUSH HAIR EXTENSIONS in accordance with these conditions, LUSH HAIR EXTENSIONS shall be entitled to repair or replace the goods (or the part in question) free of charge or, at LUSH HAIR EXTENSIONS sole discretion, refund to the buyer the price of the goods (or proportionate part of the price), but LUSH HAIR EXTENSIONS shall have no further liability to the Buyer.
d) Except in respect to death or personal injury caused by the Company's negligence, the Company shall not be liable to the Buyer by reason of any representation, or any implied warranty, condition or other term, or any duty at/of common law, or under the express terms of the contract for any consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for consequential compensation whatsoever (and whether caused by negligence of LUSH HAIR EXTENSIONS, its employees or agents or otherwise) which arise out of or in connection with the supply of the goods and services or their use or resale by the buyer.
e) The buyer agrees that he/she is best able to estimate the extent and nature of the insurance cover suitable for its business and property from time to time and that it is reasonable for LUSH HAIR EXTENSIONS to sell the goods and fix the purchase price on the basis of the exclusions and limitations of liability which price would be higher were such provisions altered in these conditions and the buyer agrees that he/she will be responsible for effecting insurance cover in respect of any loss or damage of whatsoever kind or howsoever caused either by reason of the negligence of LUSH HAIR EXTENSIONS or otherwise to premises, plant or to other property and LUSH HAIR EXTENSIONS shall have no legal liability in respect of any such loss or damage.
f) LUSH HAIR EXTENSIONS shall not be liable to the buyer or be deemed to be in breach of the contract by reason in any delay in performing, or any failure to perform, any of LUSH HAIR EXTENSIONS obligations in relation to the goods, if the delay or failure was due to any cause beyond the Company's reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond the Company's reasonable control:-
i) Act of God, adverse weather conditions, explosion, flood, tempest, fire or accident.
ii) War or threat of war, sabotage, insurrection, civil disturbance or requisition.
iii) Acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any Governmental, parliamentary or local authority.
iv) Import or export regulations or embargoes.
v) Strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of the Company or of a third party).
vi) Difficulties in obtaining raw materials, labour, fuel, parts or machinery.
vii) Power failure or breakdown in any vehicle or machinery or any computer malfunction.
viii) The imposition of Stopping, Waiting, Parking or similar restrictions which delay or prevent the Company from reasonably affecting delivery of the goods.
a) You agree to indemnify, defend and hold harmless LUSH HAIR EXTENSIONS, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of the terms and conditions.
a) LUSH HAIR EXTENSIONS shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the terms and conditions and/or any page of this Website.
a) If any part of the terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
a) We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise: please let us know if you have any complaints or comments.
a) If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
17) Governing Law and Jurisdiction
a) These terms and conditions are to be construed in accordance with the laws of England and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the English courts.
18) Entire Agreement
a) The terms and conditions constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and LUSH HAIR EXTENSIONS. Any waiver of any provision of the terms and conditions will be effective only if in writing and signed by a Director of LUSH HAIR EXTENSIONS.
b) Nothing in this agreement shall confer, nor do the parties intend to confer, any enforceable right on any third party and the Contracts (Rights of Third Parties) 1999 shall not apply.