STANDARD TERMS AND CONDITIONS OF BUSINESS
These Terms and Conditions are our standard terms of business that you will accept upon placing an order from us, through all available channels of communication (our website, e-mail order made with one of our representatives, telephone, or other forms of communication). By accessing this Website and/or placing an order from us, you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions, you may not use or access this Website.
INTERPRETATION OF THE WORDS USED IN THIS AGREEMENT
“The Seller”, ‘Us’ or ‘We’ means Hermossa Limited, with registered office at 208-210 Tooting High Street, London, SW17 0SG (United Kingdom).
Our email address is: firstname.lastname@example.org and our telephone number is: +44 (0) 208 682 3880
“The Buyer”, “You”, “Consumer”, “Client” or “Customers” means the person, firm or company who places an order, or to whom any quotation is given, or with whom any contract is made.
“The Goods”, “Products” or “Cosmetics” means any products or any part of it, agreed to be sold or which appear on the current price list or order.
“The Price” means the standard price of the Seller at date of dispatch and is subject to alteration as may be necessary or the amount stipulated in a quotation or on an invoice. Unless otherwise stated prices are exclusive of VAT and delivery costs. VAT will be charged at the rate in force at the Invoice Date.
“Contract” means the contract for the sale and purchase of the goods from us;
“Terms” these terms means the terms and conditions of sale set out in this document and any Special Condition agreed in writing by the Seller.
“Business”, “Salon”, “Premises”, “shop” means business premises where hair care services such as hair cutting, hair coloring or any cosmetic treatment is performed or which derive a substantial percentage of its revenue from the provision of such services.
“Our website” means the website www.hermossa.co.uk where the order was made.
1. The contract between us
1.1 We must receive payment for the whole of the price of the goods, so the contract
between you and us can be declared binding. If we do not receive full payment for the goods ordered from us, the title to these goods will not be passed onto you.
1.2 Once payment has been received by us we will confirm that your order has been placed by sending an email to you at the email address you provide during the stage of the purchase.
2.1 The prices payable for goods that you order are as set out in our website and in any
printed materials we provide.
2.2 You will be required to pay for delivery of the order and it might not be possible for us
to deliver to some locations.
2.3 Our delivery charges and locations are set out in our website for ease of reference.
2.4 VAT Free Explained:
For all VAT Free offers, prices have been reduced in the promotion with a discount which is equal to VAT Free (16.66%). Therefore it is equivalent to not having to pay the VAT. VAT is still applied to the order at the current rate of 20%. Standard mainland UK delivery is will be charged at £3.95 + VAT unless stated otherwise. Offer can only be used on the website or through our call centre. Offer validity and expiry is stated on all promotional activity and may be subject to change. Please note that free delivery is not included in this offer.
3.1 In the unlikely event that Goods, supplied by us are proven to be faulty we will
exchange, substitute or refund the returned/rejected item.
3.2. Returns of none faulty goods may be agreed by us, at our absolute discretion. For health and safety/hygiene reasons some items such as combs, clippers, trimmers, razors, tweezers, disposable items, nail implements and scissors will not be accepted for returns, if they have been opened from the original packaging or otherwise used, unless they are deemed to be faulty.
3.3 Faulty goods must be notified in writing to the Seller within 7 days of delivery. If no written notice is received by the Seller within 7 days of actual delivery, the goods shall be deemed to have been accepted by the Buyer as being in good order and condition and in conformity with any sample or description and within the contract. No claims will be accepted thereafter.
3.4. If it accepted by us, that you was entitled to reject the goods, because of its faultiness, then any damage recovered by the buyer shall be limited to the purchase price under the contract only. The Seller reserves the right to deliver goods in substitution for any goods so rejected.
4. Your right for you to cancel your contract / order with us
4.1 If you are an individual consumer (i.e. not a re-seller/ business) and the product has
been ordered from our website you may cancel your contract with us for the goods you have
ordered at any time up to the end of the fourteenth working day from the date you receive
ADDRESS WHERE YOU SHOULD RETURN UNWANTED GOODS/SEND CANCELLATION NOTICE
208 – 210 TOOTING HIGH STREET
LONDON SW17 0SG
TEL +44 (0) 208 682 3880
4.2 If the goods are being sent to you by post / courier that does not provide proof of receipt of the order, it is agreed that the next business day, after such an order is being sent to you, should be used for the purposes of calculation of the day when the period in clause
4.1 starts running.
4.3 You do not need to give us any reason for cancelling your order/contract nor will you have to pay any penalty. You will however have to cover the price for the shipment of the item you have ordered from us, and how you wish this to be returned.
4.4 You cannot cancel your contract if the goods you have ordered are / were opened or that for hygienic reasons, we cannot accept the return. The return will only be accepted if it is returned to us, in the original foil or the box, as it was delivered to you. The goods must be sent in the condition and packaging they were in, when delivered to you; they cannot be used in any way of form.
4.5 To cancel your contract you must notify us in writing. You must however inform us of your decision to cancel your contract by a clear statement, including details of your name, geographical address, details of the order you wish to cancel and, where available, your phone number and email address.
4.6 If you have received the goods before you cancel your contract then you must send the goods back to our contact address at your own cost and risk as soon as you receive them. In any event, you should post them back to us, within 14 days for them being delivered to you. We will not reimburse costs of return, upon your cancellation.
4.7 Once you have notified us that you are cancelling your contract, any sum debited to us from your credit card will be credited to your account as soon as possible and in any event within 30 days of your order, provided that the goods in question are returned by you and received by us, in the condition they were in when delivered to you.
4.8 If you do not return the goods delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be credited to you.
4.9 If you decide to cancel, you should return the goods to us at your cost within 14 days of such cancellation and we will reimburse these to you (by the method used to pay for the original transaction the amount in relation to goods to which cancellation rights apply. This includes the cost of delivery (except for the supplementary costs arising if you choose a type of delivery other than our standard and least expensive method of delivery).
5. Cancellation by us
We reserve the right to cancel the contract between us if:
5.1 We have insufficient stock to deliver the goods you have ordered;
5.2 We do not deliver to your area; or
5.3 One or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
5.4 If we cancel your contract we will notify you by email and will credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
6. Delivery of goods to you
6.1 We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order.
6.2 Delivery will be made as soon as possible after your order is accepted and in any event within 3 – 7 days of your order. Please note that due to high volume of orders during Christmas and bank holidays delivery may take longer ( between 3 to 5 days). In the unlikely event of your order not being delivered within this time frame please do not hesitate to contact us.
6.3 You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
7.1 If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 10 working days of the delivery of the goods in question.
7.2 If you do not receive the goods ordered within 30 days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 40 days of the date on which you ordered the goods.
7.3 If you notify a problem to us under clauses 7.1 or 7.2 above, our only obligation will be, at your option:
|to make good any shortage or non-delivery;
to replace or repair any goods that are damaged or defective; or
to refund to you the amount paid by you for the goods in question in whatever way we choose.
|iv.||save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business orgoodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 7.1 above.|
|v.||You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.|
|vi.||Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.|
8.1 Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at (Hermossa Ltd, 208 – 210 Tooting High Street, London SW17 0SG, United Kingdom) and all notices from us to you will be displayed on our website from to time.
8.2 We do not accept service of official documents, by any other method than by post.
9. Retention of title for unpaid goods
9.1 The Seller retains title to the Goods until all amounts due from the Buyer are paid. Title to these goods shall pass to the buyer with possession of the goods.
9.2 Goods in respect of which property has remained with The Seller, shall be kept identifiable as those of The Seller’s, and the Buyer shall at its own expense immediately return such goods to The Seller if the goods are not paid and requested to be returned. The Buyer remains responsible for the legal and enforcement costs of such recovery.
9.3 The Seller may, for the purpose of recovery or re-sale of any unused or unsold Goods enter upon any premises of the Buyer by its servants or agents where the Goods are stored or where they are reasonably thought to be stored and re-possess the Goods.
9.4 Provided that this power shall be without prejudice to any other remedies of the Seller and shall only operate (a) if any amounts due under the Contract are unpaid in whole or in part, or (b) upon the commencement of any act or proceeding in which the Buyer’s solvency is involved.
10. Events beyond our control
10.1 We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
10.2 We shall have no liability to you for any failure to deliver goods you have ordered, in case the goods you have requested are stolen.
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
13. Third party rights
Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the United Kingdom Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
14. Governing law
The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us. The local court, of the company registration seat, should hear disputes in relation to any contractual, debt, libel and slander, tortious and other, not mentioned in this paragraph, types of claims.
15. Dispute / complaints resolution and complaints policy
We trust you will have no reason to complain, of our services or products. In case you will find a reason to complain, you may do so in writing or by telephone. In case of any dispute arising out of operation or interpretation of these terms and conditions, it should be notified to us first.
We will confirm complaint in writing within 7 days and will aim to resolve the problem within 14 days, from the day you have notified us. If you are not satisfied from our service – you may write to us on our address Hermossa Ltd, 208 – 210 Tooting High Street, London Sw17 0SG, United Kingdom ,or call us on: +44 (0) 208 682 3880. If we meet your expectations, you may also compliment our work on our address Hermossa Ltd, 208 – 210 Tooting High Street, London SW17 0SG, United Kingdom . We would like to thank you all for all your words of appreciation!
15.2 Court proceedings
a. In the event in which the complaint is not resolved, both parties will appoint recognised expert and/or mediator, who will prepare independent advice. If the matter is not resolved by mediator/expert, parties may start court proceedings.
b. The above dispute resolution mechanism should not be followed, if we pursue the monetary claim against you. If no pre-action protocol under Civil Procedural Rules apply we will send a letter to you, on your last known address and we agree that the service of documents will be deemed to be accepted, after expiration of the first day, after the postage of the pre-action letter to you. You will have 14 days to provide reply and if you fail to do so, we will be entitled to start the court proceedings, to enforce the money due.
c. unless otherwise agreed or provided in writing, we agree that the address of the delivery of goods, would be used as address for service of documents on you. Our address for delivery of legal documents is the same as the address of delivery of goods.
16. Entire agreement
Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
© All rights reserved. Hermossa Limited
If you are a customer (i.e. not business) and you have placed an order online, you may exercise your statutory right to cancel contract with us, provided that you do that within 14 days from the date when they were delivered to you and return the delivered order to us within the same period of time. Please note that we can accept your cancellation provided that goods are delivered to us in the same condition as they were delivered to you. That means that you should not open the box in which goods were delivered to you and the goods should be in re-saleable condition. You don’t have to use this form for your cancellation notice to be effective. We however require written form. You may want to send us an email or letter to the address provided.