Terms and Conditions for the sale and fitting of hair extensions
THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO THE PROVISIONS OF CLAUSE 8.
1.1 Definitions. In these Conditions, the following definitions apply:
Appointment Date: the appointment date set out in the Consultation/Booking Form
Aftercare Instructions: our after care policy which must be used to prevent deterioration of the Hair Extensions.
Business Day: a day other than a Sunday or public holiday in England when banks in London are open for business.
Commencement Date: has the meaning set out in clause 2.2.
Conditions: these terms and conditions as amended from time to time in accordance with clause 12.6.
Consultation/ Booking Form: the form completed as signed and dated by you and us at your consultation appointment headed “Consultation/ Booking Form”.
Contract: the contract between you and us for the supply of the Hair Extensions and the Fitting Services in accordance with these Conditions.
Fitting Services: the services, supplied by the Us to You in fitting the hair extensions as set out in the purchase order form.
Force Majeure Event: has the meaning given to it in clause 11.1.
Hair Extensions: the hair extensions (or any part of them) as set out in the Order.
Order: the Customer’s order for the Hair Extensions and Fitting Services, as set out the your Consultation/Booking Form.
Services: the Hair Extensions and the Fitting Services
Services Charge: the price for the Services as set out in the Consultation/ Booking Form
us/ our/ we: Stacey Laundy trading as Major Extensions of 2A Oswald Road Oswestry Shropshire SY11 1RE.
you/ your: the customer being the person who orders the Hair Extensions and Fitting Service from us.
1.2 Construction. In these Conditions, the following rules apply :
(a) a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality);
(b) a reference to a party includes its personal representatives, successors or permitted assigns;
(c) a reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted;
(d) 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; and
(e) a reference to writing or written includes faxes and e-mails.
2. BASIS OF CONTRACT
2.1 The Order constitutes an offer by you to purchase the Services from us in accordance with these Conditions.
2.2 The Order shall only be deemed to be accepted on the signing and dating of the completed Consultation/ Booking Form by you and us at which point and on which date the Contract shall come into existence (Commencement Date).
2.3 The Contract constitutes the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of the us which is not set out in the Contract.
2.4 Any samples, drawings, descriptive matter or advertising issued by us or any of our suppliers and any illustrations or descriptions of the Services contained in any written or online literature are issued or published for the sole purpose of giving an approximate idea of the Fitting Services and Hair Extensions described in them. They shall not form part of the Contract or have any contractual force.
2.5 These Conditions apply to the Contract to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
2.6 Any quotation given by us shall not constitute an offer, and is only valid for a period of 20 Business Days from its date of issue.
2.7 All of these Conditions shall apply to the supply of the Services as a joint product except where application to one or the other is specified.
3.1 The specification of the Hair Extensions is described in the Consultation/ Booking Form.
3.2 We reserve the right to amend the specification of the Hair Extensions if required by any applicable statutory or regulatory requirements or as required by our suppliers.
4. QUALITY OF GOODS AND SERVICES
4.1 The Hair Extensions are supplied by third party suppliers and all warranties and quality standards provided by the relevant supplier will apply. We can only be responsible for any defect or problem arising from the Fitting Services.
4.2 We cannot be responsible for any defect in the quality of the Hair Extensions themselves and any defective Hair Extensions may need to be removed by us so that they can be returned to the relevant supplier and dealt with in accordance with their complaint procedures.
4.3 Subject to clause 4.4, if:
(a) you give notice within three weeks of the completion of the Services that some or all of the Hair Extensions are defective or a problem has arisen as a result of the Fitting Services;
(b) and we are given a reasonable opportunity of examination; and
(c) you must allow us to remove the Hair Extensions (unless specified differently by us) for return to our supplier,
then we shall:
• in the case of a defect with the Hair Extensions refer the defective product to our supplier in accordance with their returns and complaints procedure and at their sole discretion will replace the defective hair extensions, or refund the price of the defective Hair Extensions.
• in the case of a defect or problem arising from the Fitting Services by us at our sole discretion we will fix, replace, remove and/ or refund the costs of the Services Charge taking into account the nature of the problem. Please note that a refund will only be provided as a last resort where there is no suitable alternative.
4.4 We and/or the Supplier shall not be liable for the Services’ failure to comply with the warranty in clause 4.1, 6.1 and 6.3 if:
(a) the defect arises from a failure to comply with your obligations as set out in clause 7;
(b) you have the Hair Extensions coloured, cut or repaired by someone other than us without the written consent of us;
(c) the defect arises due to a matter not disclosed to us on the Consultation Form, for example but not limited to, the failure to disclose an allergy or skin condition to the Hair Extensions or products used to apply the Hair Extensions as part of the Fitting Services. Existing clients will not be required to fill in a Consultation Form on every visit but have an obligation to notify us of any changes to disclosure made on the Consultation Form such as, but not limited to, new conditions and allergies.
4.5 The terms of these Conditions shall apply to any repaired or replacement Hair Extensions supplied by us under clause 4.3.
5. TITLE AND RISK
5.1 The risk and title in the Hair Extensions shall pass into your ownership and care in accordance with the Aftercare Instructions upon completion of the Fitting Services, subject to the warranties provided in clauses 4 and 6.
6. SUPPLY OF SERVICES
6.1 We will provide the Services to you in accordance with the Consultation/ Booking Form in all material respects.
6.2 We warrant to you that the Fitting Services will be provided using reasonable care and skill.
7. YOUR OBLIGATIONS
7.1 You shall:
(a) ensure that the Consultation/ Booking Form is complete and accurate;
(b) co-operate with us and our suppliers in all matters relating to the Services including any complaints following completion of the Fitting Services;
(c) provide us with all necessary information as we may reasonably require to supply the Services, and ensure that such information is accurate in all material respects;
(d) if you are under 16 years of age you will provide either the verbal or written consent of your parent or guardian who will also need to sign the Consultation/ Booking Form; and
(e) strictly adhere to the Aftercare Instructions.
8. CHARGES AND PAYMENT
8.1 The price for the Services shall be the Services Charge inclusive of all costs and charges and will be payable as follows:-
(a) A deposit of £50 payable on immediately upon completion of the Consultation/ Booking Form; and
(b) Payment of the remaining balance in full on the Appointment Date (after deducting the deposit already paid) immediately upon completion of the Fitting Services;
time for payment shall be of the essence of the Contract.
8.2 The Services Charge shall be calculated in accordance with our pricing lists.
8.3 We reserve the right to increase our charges for the Services but once the Contract comes into effect on the Commencement Date then the charges will be honoured in accordance with the Consultation/ Booking Form save for if you make an alteration to the Fitting Services or the type of Hair Extensions which will result in the charges being increased or decreased accordingly.
8.4 The Services Charge inclusive of amounts in respect of value added tax chargeable from time to time (VAT).
8.5 If you cannot make the appointment date and time stated on the Consultation/ Booking Form you will need to notify us by telephone as soon as possible and at least 24 hours before the Appointment Date.
8.6 If you fail to keep your Appointment Date and do not notify us by telephone 24 hours prior we will charge a late cancellation fee of £12 which will be added to your next Order to offset the losses to our business for the late cancellation.
8.7 You shall pay the Services Charge and any other amount due under the Contract in full without any set-off, counterclaim, deduction or withholding except as required by law. We may, without limiting our other rights or remedies, set off any amount owing to us by you against any amount payable by us to you.
9. LIMITATION OF LIABILITY: THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE
9.1 Nothing in these Conditions shall limit or exclude our and/ or our supplier’s liability for:
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or suppliers or subcontractors;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
(d) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
(e) defective products under the Consumer Protection Act 1987.
9.2 Subject to clause 9.1:
(a) we shall under no circumstances whatever be liable to you, 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
(b) our total liability to you 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 the charges paid by you to us for the Fitting Service and Hair Extensions as set out in the Consultation/ Booking Form.
9.3 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and the terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.
9.4 This clause 9 shall survive termination of the Contract.
10.1 Without limiting other rights or remedies either party may terminate the Contract by giving the other party not less than 24 hours notice prior to the Appointment Date.
10.2 Without limiting our other rights or remedies, we may suspend any further contract between you and us if you fail to pay the Service Charge and any other amount due under this Contract on the due date for payment.
10.3 On termination of the Contract for any reason:
(a) the accrued rights and remedies of the parties as at termination shall not be affected, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry; and
(b) clauses which expressly or by implication have effect after termination shall continue in full force and effect.
11. FORCE MAJEURE
11.1 For the purposes of this Contract, Force Majeure Event means an event beyond the reasonable control of us including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of us or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors, or staff absences.
11.2 We shall not be liable to you as a result of any delay or failure to perform our obligations under this Contract as a result of a Force Majeure Event.
11.3 If the Force Majeure Event prevents us from providing any of the Fitting Services and Hair Extensions for more than 2 weeks, we shall, without limiting our other rights or remedies, have the right to terminate this Contract immediately by giving notice to you.
12.1 Assignment and other dealings.
We may at any time assign, transfer, subcontract or deal in any other manner with all or any of its rights under the Contract and may subcontract or delegate in any manner any or all of its obligations under the Contract to any third party.
(a) Any notice or other communication given to a party under or in connection with this Contract shall be by telephone or in writing to us at our business address or to you at your address provided in the Consultation/ Booking Form, save for notice of cancellation of an Appointment Date which must only be by telephone in accordance with clause 8.6.
(b) A notice or other communication in writing shall be deemed to have been received: if delivered personally, when left at the address referred to in clause 12.2(a); if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed; or, if sent by by e-mail, one Business Day after transmission.
(c) The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action
(a) If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.
(b) If any provision or part-provision of this Contract is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.
12.4 Waiver. A waiver of any right under the Contract or law is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor prevent or restrict its further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
12.5 Third parties. A person who is not a party to the Contract shall not have any rights to enforce its terms.
12.6 Variation. Except as set out in these Conditions, no variation of the Contract, including the introduction of any additional terms and conditions shall be effective unless it is agreed in writing and signed by us.
12.7 Governing law and Jurisdiction 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 governed by and construed in accordance with the law of England and Wales and each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract or its subject matter or formation (including non-contractual disputes or claims).