B. Order Process

 

 1. Please read the Delivery information. All orders that you place on this website will be subject to acceptance in accordance with these delivery terms and conditions. If any Goods ordered are not available, you will be notified by email and you will have the option either to wait until the item is available or to cancel your order. It is your responsibility to provide us with a valid email address so that we can contact you if necessary.

 

2. The ‘confirmation’ stage sets out the final details of your order. Following this, we will send to you an order acknowledgement email detailing the products you have ordered. Please note that this email is not an order confirmation or order acceptance from Us.

 

3. Acceptance of your order and the completion of the contract between you and us will take place on dispatch to you of the products ordered unless we have notified you that we do not accept your order or you have cancelled it (please refer to Returns Procedure).

 

4. We do not file details of your order for you to subsequently access direct on this website, and therefore, please print out these terms and conditions and the order acknowledgement for your own records. If you wish to obtain specific details of your previous orders please contact us.

 

5. Any order placed by you constitutes an offer to purchase the Goods from us. All such offers received from you are subject to acceptance by us and we reserve the right to refuse any order placed by you at any time prior to acceptance, without providing an explanation.

 

6. You shall be responsible for ensuring the accuracy of the details provided by you during the order process and we will not accept an order unless all details requested from you have been entered correctly.

 

7. You agree that if we contact you to acknowledge receipt of your order such communication shall not amount to our acceptance of your offer to purchase the Goods ordered by you from the Website. 

 

 

C. Formation of a Contract

 

1. A contract between you and us (the ‘Contract’) incorporating these Conditions will only subsist after we have debited your payment card and have confirmed that we have dispatched the Goods or made them available to be downloaded. We will send you an email to confirm this (a ‘Confirmation Notice’). The Confirmation Notice will amount to an acceptance of your offer to buy the Goods from us. The Contract will only be formed when we send you the Confirmation Notice (whether or not you receive it).

 

2.The Contract will relate only to the Goods stated in the Confirmation Notice. We will not be obliged to supply any other Goods which may have been part of your order until we have sent you a separate Confirmation Notice relating to it.

 

3.You must check that the details contained in the Confirmation Notice are correct and you should print out and keep a copy of it.

 

4.You will be subject to the version of our policies and Conditions in force at the time that you order the Goods from us, unless:

a) Any change to those policies or these Conditions is required to be made by law or governmental authority

b) We notify you of any change to our policies or these Conditions before we send you the Confirmation Notice, in which case, we are entitled to assume that you have accepted it, unless we receive written notification from you to the contrary within seven working days of receipt of the Confirmation Notice. 

 

 

D. Delivery of Products, Risk and Title

 

1. This website is only for delivery of products to customers in mainland UK & Northern Ireland.

 

2. Delivery charges and estimated timescales are specified in the delivery details section and also when you place an order. We make every effort to deliver goods within the estimated timescales, however delays are occasionally inevitable due to unforeseen factors. Lash Elegance shall be under no liability for any delay or failure to deliver the products within estimated timescales.

 

3. Any dates quoted for delivering the Goods are approximate only. If no date is specified then it will take place within 30 days or a reasonable time of the date of the Confirmation Notice, unless there are exceptional circumstances.

 

4. We employ professional carriers. Nevertheless, you must examine the Goods on arrival. If you are asked for your signature on delivery, you must examine the Goods before signing for it.

 

5. We shall not be liable for any delay in delivering the Goods, however caused.

 

6. The Goods may be sent to you in instalments.

 

7. Risk of loss and damage of products passes to you on the date when the products are delivered or on the date of first attempted delivery by us.

 

8. The Goods will be at your risk from the time of delivery.

 

9. Ownership of the Goods will only pass to you when we receive full payment of all sums due in respect of them including VAT and the cost of delivery.

 

  

E. Price

 

 1. The prices of the Goods are as quoted on the Website.

 

2. Prices for delivery are as quoted for delivery in the United Kingdom unless otherwise specified.

 

3. Unless otherwise stated, the prices quoted include VAT but exclude delivery costs which will be added to the total amount due from you. Details of our delivery charges can be located on our Website.

 

4. We reserve the right, by giving notice to you at any time before delivery or performance of our obligations to you, to increase the price of the Goods to reflect any increase in the cost to us due to any factor beyond our control (such as without limitation, any foreign exchange fluctuation, significant increase in the costs of labour, materials or other costs of manufacture). In the unlikely event of this occurring, you shall be entitled to cancel the order at any time before delivery. 

 

 

F. Payment for Products

 

1. We take payment from your card at the time we receive your order, once we have checked your card details and stock availability. Goods are subject to availability. In the event that we are unable to supply the goods, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the goods.

 

2. The price you pay is the price displayed on this website at the time we receive your order apart from the following exception:

While we try and ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.

 

3. Payment can be made by any method specified at the website checkout.

 

4. Title to any products you order on this website shall pass to you on delivery of the products provided that we have processed and received payment in full for the products.

 

5. All prices are shown in Pounds (£) sterling and include VAT (where applicable) at the applicable current rates. Delivery charges are also included, unless expressly stated otherwise. 

 

 

G. Returns, Cancellations and Substitutions

 

1. We offer a 7-day money back guarantee – please refer to Returns Procedure. Some products are excluded from the Guarantee – please confirm with us prior to ordering. In the unlikely event that you receive faulty or damaged goods, please refer to our Returns Procedure section.

 

2. Sometimes the product specifications from the manufacturer may change, in which case we will do our best to offer you a substitute of the same or better quality at the same price. If you are not happy with the replacement you can return it in accordance with our 7-day money back guarantee. Where applicable, you may cancel your order in accordance with your rights under the Distance Selling Regulations (see the Returns Procedure page for further details).

 

3. All sizes and measurements are approximate but we do try to make sure that they are as accurate as possible. 

 

 

H. Right to Cancel

 

1. You have a cooling off period of 7 days after the date on which you have received the Goods to cancel the Contract, and return the Goods at your cost and receive a full refund of the purchase price.

 

2. During the cooling off period any cancellation must be given by written notice by either party.

 

3. Goods must be returned complete and undamaged with all accessories and instructions. You must return the Goods with its original packaging (which must be in reasonable condition) and the original invoice. You have a legal obligation to take reasonable care of the Goods whilst 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. In the event that we supply substituted Goods to you in accordance with the provisions of Clause G2, your right to cancel is as set out as above except that the cost of returning the Goods shall be borne by us. 

 

 

I. Exception to the right to cancel

 

You will not have a right to cancel an order for any goods or services purchased from us, in the following situations:

a) If you expressly agree to us beginning to provide any services before the end of the cancellation period.

b) The Contract is for goods which are bespoke or have been personalised or which may deteriorate (such as food)

c) The Contract is for goods and/or services the price of which is dependent on fluctuations in the financial market which cannot be controlled by us. 

 

 

J. Intellectual Property

 

1. You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available as part of your use of this website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.

 

2. You acknowledge and agree that the material and content contained within this website is made available for your personal non-commercial use only and that you may only download such material and content for the purpose of using this website. You further acknowledge that any other use of the material and content of this website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

 

3. You may download or copy the content and other downloadable items displayed on the Website subject to the condition that the material may only be used for personal non-commercial purposes. Copying or storing the contents of the Website for other than personal use is expressly prohibited.

 

4. You may retrieve and display the content of the Website 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 Website.

 

5. No licence is granted to you in these Conditions to use any of our trademarks or those of our affiliated companies.

 

6. Goods sold by us and Website content may be subject to copyright, trade mark or other intellectual property rights in favour of third parties. We acknowledge those rights. 

 

 

 

K. Liability & Indemnity

 

1. Notwithstanding any other provision in the Conditions, nothing will affect or limit your statutory rights; or will exclude or limit our liability for:

a) Death or personal injury resulting from our negligence

b) Fraud or fraudulent misrepresentation

c) Action pursuant to section 2(3) of the Consumer Protection Act 1987

d) Any matter for which it would be unlawful for us to exclude or attempt to exclude our liability

 

2. Subject to Section K1 above, We will use reasonable endeavours to verify the accuracy of any information on the site but makes no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the site or that it will be timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website and We accept no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the site.

 

3. We will not be liable if the Website is unavailable at any time.

 

4. We cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you. You must bear the risk associated with the use of the internet. In particular, we will not be liable for any damage or loss caused by a distributed denial-of-service attack, any viruses trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful that may infect your computer, peripheral computer equipment, computer programs, data or other proprietary material as a result of your use of the Website or you downloading any material posted or sold on the Website or from any website linked to it.

 

5. Subject to Section K1 above, other than as expressly provided in these terms and conditions with respect to specific products and except for the exclusive remedies set out at Section G above, any indemnities, warranties, terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law.

 

6. Subject to Section K1 above, We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent on negligent misrepresentations) or otherwise out of or in connection with the terms and conditions for any:

a) economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or

b) loss of goodwill or reputation; or

c) special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under these terms and conditions.

 

7. Notwithstanding the above, subject to Section K1 Our aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the product(s) in respect of one incident or series of incidents attributable to the same clause.

 

8. You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, including but not limited to losses (including loss of profit, revenue, goodwill or reputation), costs and expenses, including reasonable administrative and legal costs, arising out of any breach of these Conditions by you, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your personal information with your authority.

 

9. This clause K does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.

 

10. We will take all reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you. 

 

 

 L. Damaged, faulty or wrongly delivered goods

 

 1. We will offer you a refund of the full purchase price, including the cost of delivery for sending the goods to you, and the cost incurred by you in returning the Goods to us, if it:

a) Has been damaged on delivery

b) Is in a faulty condition

c) Has been delivered to you in error

 provided that you return the Goods to us and we are reasonably satisfied that the Goods have not suffered damage after delivery or have not been misused or used other than in accordance with the instructions or the problem is not due to normal wear and tear.

 

2. Alternatively, at your option, instead of a refund (and subject to returning the Goods as required under this clause) we will replace the Goods with the same or a similar product (subject to stock availability).

 

3. Sometimes the product specifications from the manufacturer may change, in which case, if you request a replacement, we will do our best to offer you a substitute of the same or better quality at the same price. If you are not happy with the replacement, you can return the Goods to us.

 

4. In order to claim a refund or replacement item please send us a cancellation notice as soon as you become aware of a problem and no later than 7 working days after receipt or the fault developing by email to us (see website for email address) or a letter to 21 Boldrewood Road, Southampton, SO16 7BW. Your cancellation notice must quote your name, address, the name or a description of the Goods, a brief description of the problem, fault or damage and your order reference number.

 

5. Upon receiving your cancellation notice, we will contact you and provide details of where you must return the Goods and other relevant instructions. You must then immediately return the Goods to us. We reserve the right, at our option, to collect the Goods from you. If we wish to collect the Goods we will notify you of when they will be collected by us. 

 

 

M. Incorrectly Priced or Described Goods

 

1. Whilst we try and ensure that all the information on our Website is accurate, errors may occur. In the unlikely event that the price and/or description of an item listed on the Website has been incorrectly advertised, we will not be under any obligation to sell or provide those Goods to you.

 

2. If we discover the error before sending you a Confirmation Notice we will at our discretion, either reject your order and notify you of such rejection, or inform you as soon as possible and give you the option of cancelling your order or reconfirming it at the correct price and/or description. If we give you the option of cancelling your order or reconfirming it at the correct price and/or description but either cannot contact you or do not receive your response within 14 days of sending you notification (whether or not you receive it), we will reject your order.

 

3. If we discover the error after sending you a Confirmation Notice we may, at our discretion and without incurring any liability to you, cancel the Contract provided that the error is, in our reasonable opinion, obvious and unmistakable and could have reasonably been recognized by you. We will notify if we cancel the Contract.

 

4. If your order is cancelled or rejected and you have already paid for the Goods, you will receive a full refund in accordance with clause 12.7

 

 

N. Communication & Distance Selling Regulations

 

1. You agree that email and other electronic communications can be used as a long-distance means of communication and 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.

 

2. We will contact you by email or provide you with information by posting notices on our Website.

 

3. Under the Distance Selling Regulations, you have a right to cancel your order for any item purchased on this website for a full refund, if the item is unopened within 7 days of receipt. Any upgraded delivery costs will not be refunded.

 

4. To cancel, you can email us or write to us 21 Boldrewood Road, Southampton. SO16 7BW  or call 07886 736754 within seven working days* of delivery of your item(s), quoting your order number. You must take reasonable care of the item(s) and must not use them. (For security and training purposes, telephone calls to and from Customer Service Centres may be recorded or monitored).

 

* All days other than Saturdays, Sundays and public holidays. Proof of purchase usually is the invoice or order number. Please also read our full terms on conditions of trade. 

 

 

O. Miscellaneous

 

1. The contract between us shall be governed by the laws of England and any dispute between us will be resolved exclusively in the courts of England. English is the only language offered for the conclusion of the contract.

 

2. We have selected our products on the basis that they will be used for business purposes. It is your responsibility to ensure that you are covered by the appropriate insurance relating to fitness for a particular purpose. Our maximum liability to business users arising out of or in connection with the products shall be limited to the replacement value of the product in question (except in the case of death or personal injury caused by our negligence or in respect of fraud).

 

3. Lash Elegance shall be under no liability for any delay or failure to deliver products or otherwise perform any obligation as specified in these terms and conditions if the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control.

 

4. To provide increased value to our customers, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for:

a). the privacy practices of such websites,

b). the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or

c). the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.

d). If any provision of these Conditions is held by any court or competent authority to be invalid, unlawful or unenforceable in any jurisdiction in whole or in part, it will not affect the validity or enforceability of the other provisions of these Conditions and the remainder of the provision in question shall not be affected nor will it affect the validity, lawfulness or enforceability of that provision in any other jurisdiction.

e). We will try and solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings you must do so within the United Kingdom.

f). These terms and conditions do not create or confer any rights or benefits enforceable by any person that is not a party to the agreement (within the meaning of the U.K. Contracts (Rights of Third Parties) Act 1999).

g). If any portion of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these terms and conditions shall not be affected nor will it affect the validity, lawfulness or enforceability of that provision in any other jurisdiction.

 

 

P.  Returns Policy & Refunds

 

1. To return a product, we suggest you obtain get in touch with us first via our web site where you will find the email address. We aim to deal with the returned item within 24 hours of receipt. Items retuned without this getting in touch with us first may take up to 7 days to be processed, and must have proof of purchase enclosed. Items must be received within 14 days from the time we agree for you to return the item for it to be processed.

 

2.  We will examine any returned Goods and will notify you about your refund or replacement item via email within a reasonable period of time. We will usually process a refund or delivery of a replacement item as soon as possible.  Please note that refunds are only given if the items are returned unused within 7 days of receipt, or where we have not been able to replace or repair a faulty item. Please contact us through our website at www.lash-elegance.co.uk for our address where the goods must be returned to. You are advised to obtain a proof of posting for the item upon its return. Please ensure you include full details of the issue including your contact details and proof of purchase such as confirmation email, invoice or invoice number. Without proof of purchase we cannot resolve your issue. 

 

3. Refunds will be made by crediting the payment card or electronic payment account you used to purchase the Goods, or by the method used originally for payment.

 

4. We reserve the right to refuse to issue a refund or replacement and to recover the cost of returning or collecting the Goods in the event that the Goods are found to have suffered damage after delivery or have been misused or used other than in accordance with the instructions or if the problem is due to normal wear and tear or if the Goods have not been returned with its original packaging. This does not affect your statutory rights. 

 

 

Q. Feedback & Reviews

 

1. You acknowledge that any review, feedback or rating which you leave may be published by us on the Website and you agree that it may be displayed for as long as we consider appropriate and that the content may be syndicated to our other websites, publications or marketing materials.

 

2. You undertake that any review, feedback or rating that you write shall:

a) Comply with applicable law in the UK and the law in any country from which they are posted

b) Be factually accurate

c) Contain genuinely held opinions (where applicable)

d) Not contain any material which is either defamatory, threatening, obscene, abusive, offensive, hateful, inflammatory or is likely to harass, upset, annoy, alarm, embarrass or invade the privacy of, any person or be deceiving

e) Not promote or advocate an unlawful act or activity, discrimination, sexually explicit material or violence

f) Not infringe any trademark, copyright (including design rights), database right, or other intellectual property rights of any other person or breach of any legal duty you owe to a third party

g) Not be used to impersonate any person, or to misrepresent your identity

 

3. You agree to indemnify and hold us harmless against any claim or action brought by third parties, arising out of or in connection with any review, feedback or rating posted by you on the Website, including, without limitation, the violation of their privacy, defamatory statements or infringement of intellectual property rights.

 

4. You grant us and our affiliate companies a non-exclusive, royalty-free worldwide license to use or edit any reviews posted by you.

 

5. We reserve the right to publish, edit or remove any reviews without notifying you.