Terms & Conditions
These terms and conditions ('Ts&Cs') govern the user's ('you' or 'your') use of the website www.thehairconsult.com ('the site') and your relationship with The Hair Consult Limited, whose registered office address is at 18 Northcote Road, London, United Kingdom, SW11 1NX ('we', 'us' or 'our'). Please read them carefully as they affect your rights and liabilities under law. If you do not agree to these Ts&Cs, please do not access or use the site. If you have any queries regarding these Ts&Cs, please email us at email@example.com.
By accessing the site or when you place orders to purchase any of the products on the site, you agree to be bound by these Ts&Cs. We reserve the right to change or modify these Ts&Cs, including for legal, regulatory or security reasons, at any time. Any changes will be notified to you on the site, and it is your responsibility to check for such changes. If you do not agree to any of the Ts&Cs, you can stop using the site at any time. If you continue to use the site after the date upon which the change comes into effect, your use of the site indicates your agreement to be bound by the new Ts&Cs. We reserve the right to modify or withdraw, temporarily or permanently, the site and all or part of its content without notice to you. You confirm that we shall not be liable to you for any modification to or withdrawal of the site or its contents.
REGISTRATION AND ELIGIBILITY
To be eligible to purchase goods on the site and lawfully enter into and form contracts on the site under English law you must, if an individual, be 18 years of age or over, and register your real name, address, phone number, email address and any other details requested. By registering on or purchasing through the site, you warrant the following:
You are 18 years of age or over. The personal information that you are required to provide when you register on the site is true, accurate, current and complete in all respects, and you are not impersonating any other person or entity. You authorise us to transmit information (included updated information) to obtain information from third parties, including but not limited to, your debit or credit card numbers or credit reports to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions. You will notify us immediately of any changes to the personal information by emailing our customer service representatives at firstname.lastname@example.org. The products purchased on this site are for private and domestic use only and are not for resale.
You are responsible for maintaining the confidentiality of your password and email address, and are responsible for all activities that are carried out under them. We do not have the means to check the identities of people using the site and will not be responsible for losses suffered by you where your password or email address is used by someone else unless this is due to our negligence. You agree to notify us immediately at email@example.com if you become aware or suspect any unauthorised use of your password or email address.
In the unlikely event of a data breach, we will carry out and document a full risk assessment of the incident and decide upon the required actions. Incidents affecting personal data that are likely to result in a risk to the rights and freedoms of data subjects will be reported to the data protection supervisory authority. We will also inform those concerned directly. These actions will be carried out without undue delay and where feasible, within 72 hours of becoming aware of it.
To ensure that your credit or debit card is not being used without your consent, we will validate your name, address and other personal information supplied by you during the order process against appropriate third party databases.
We take the risk of internet fraud very seriously. With the volume of fraudulent credit card transactions increasing, we make every effort to ensure all orders are thoroughly checked using the information already supplied. There is a possibility we may contact you to make additional security checks and we ask for your co-operation to enable us to complete them. We will not tolerate fraudulent transactions and such transactions will be reported to the relevant authorities.
By accepting these Ts&Cs, you consent to such checks being made. In performing these checks, personal information provided by you may be disclosed to a registered credit reference agency, which may keep a record of that information. This is done solely to confirm your identity, and a credit check is not performed so your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 2018.
The site may only be used for lawful purposes and in a lawful manner. You agree that in using the site you will not: (i) use the site in any way that causes, or is likely to cause, the site or access to the site to be interrupted, damaged, or impaired in any way; (ii) use the site for any purpose that could damage the name of The Hair Consult or any brand associated with the site, or any goodwill attached to the site; (iii) use the site for criminal, fraudulent or illegal activity or in any manner which would cause harm or distress to any third party; (iv) access or attempt to access the accounts of other users or attempt to penetrate the site security measures; nor (v) use the site for any purpose other than your personal use.
We reserve the right to suspend, restrict or terminate your access to the site at any time without notice if we have reasonable grounds to believe that you have breached any of these restrictions or if we suspect fraudulent account activity or behaviour. This shall not limit our right to take any other action against you that we consider appropriate.
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, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Ts&Cs by you, or any other liabilities arising out of your use of the site or any other person accessing the site using your personal information.
THIRD PARTY LINKS
As a convenience to our customers, the site may include links to other websites or material that is beyond our control. For your information, we are not responsible for such websites or material, nor do we review or endorse them. We will not be liable, whether directly or indirectly, for the privacy practices or content of such websites nor for any damage, loss or offence caused or alleged to be caused in connection with, the use of or reliance on any such advertising, content, products, materials or services available on such external websites or resources.
All orders are subject to acceptance and availability. If the goods ordered are not available, you will be notified by email, or by other means if no email address has been provided, and you will have the option either to wait until the item is available from stock or to cancel your order.
Any orders placed by you will be treated as an offer to purchase the goods or services from us and we have the right to reject such offers at any time. You acknowledge that any automated acknowledgment of your order which you may receive from us shall not amount to our acceptance of your offer to purchase goods or services advertised on the site. The conclusion of a contract between you and us will take place when we (i) debit your credit, debit card or PayPal account or (ii) dispatch the goods to you or commence the services, whichever is the later.
We will take all reasonable care, insofar as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be liable for any loss you may suffer if a third party procures unauthorised access to any data provided by you when accessing or ordering from the site.
DELIVERY AND OWNERSHIP
To view our delivery options please click here. We will endeavour to despatch the product to you within one working day of you placing your order and in any event within four working days beginning on the day after you place your order. If we are unable to despatch the product within that time we will email to let you know and to give you an estimated delivery date. In these circumstances we will offer you the opportunity to cancel the order and receive a full refund.
You will assume the risk for the products once they have been delivered to the delivery address which you specified when ordering the products. If for any reason you do not receive your delivery, please note that we will only consider claims for lost items sent 30 days after the latest due date. We accept no liability for lost orders where you provide an incorrect delivery address, if you select for your parcel to be left in a safe place or with a neighbour, or where you fail to collect the products from the delivery address that you specified. Notwithstanding that risk of loss or damage to the products only passes to you once they have been delivered to the delivery address, ownership of the products shall pass to you on the later of: (a) the products being dispatched by us; and (b) us receiving payment in respect of the same.
CANCELLATIONS AND RETURNS
Where you have purchased the goods or services as a consumer (that is, for private use as opposed to business use), please note that you are entitled to cancel any contract completed with us within 14 days from the day on which you acquire physical possession of the goods.
In order to ensure our customers receive the best level of service and are happy with their products, we offer a comprehensive returns policy [link to page]. Please note that the returns procedure must be followed, and failure to do so may result in us being unable to exchange goods or provide refunds.
In particular, we require you to return the product in suitable packaging to ensure it reaches us in good condition. If you fail to take reasonable care of returned products or fail to return the product to us, we will be entitled to make a claim against you for any losses which we suffer. We cannot be held responsible and provide refunds/exchanges on stock affected by circumstances beyond our control, including damage and neglect after goods are received.
Please ensure that you also return any free gifts that are associated with your return items or the related order. If the free gift isn’t returned, then we reserve the right to deduct the value of the free gift from your refund.
Please note that we do not accept returns of personalised products. We also reserve the right not to accept orders from customers with unusual or suspicious returns behaviour.
You may not sell or resell any of the products or services, or any samples that you may receive from us.
All prices shown are inclusive of VAT at the current rates. The price of a product shall be as stated on this site at the time you place your order except in the case of obvious error. We try and ensure that all prices on our site are accurate but errors may occur. If we discover an error in the price of a product you have ordered, we will not be liable to supply that item to you at the stated price, provided that we notify you before we despatch the item to you. In those circumstances, we will inform you of the correct price as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If you cancel no payment will be taken; or if payment has already been taken, it will be refunded. We reserve the right to change prices at any time without notice to you.
If your delivery address is within the United Kingdom, no additional taxes will be charged to you. If your delivery address is outside of the United Kingdom you may be subject to import duties and taxes (including VAT), which are levied once a delivery reaches your destination country. Any such additional charges must be borne by you. You should note that customs policies and practices vary widely from country to country. We recommend that you contact your local customs office for information.
Please note that when shipping goods from outside the United Kingdom, cross-border shipments may be subject to opening and inspection by customs authorities. In respect of all goods dispatched to you to an address outside of the United Kingdom, you are deemed to be the importer of the goods and must therefore comply with all the laws and regulations of the country into which the goods are being delivered.
The available methods of payments are displayed on the site at checkout. Payment will be debited and cleared from your account before the dispatch of your good or provision of the service to you. If payment is to be made via a credit card a pre-authorisation value of £0.01 will be held against the card until the card issuer validates the payment.
In the unlikely event that the price shown on the checkout page is wrong, and we discover this before accepting your order in accordance with clause 9, we are not required to sell the goods to you at the price shown. We always try and ensure that the prices of goods shown on the site are accurate, but occasionally genuine errors may occur. If we discover an error in the price of the goods that you have ordered, we will let you know as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If you cancel your order and you have already paid for the goods, then you will receive a full refund.
You confirm that the payment credentials being used is yours. Your payment credentials will be subject to validation checks and authorisation by our payment processing provider. Fraudulent payment credentials will be reported to the relevant authorities. If the issuer of your payment credentials refuses to or does not, for any reason, authorise payment to us, we will not accept your order and neither we nor any associated business will be responsible for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal.
If your credit or debit card payment is not processed successfully for any reason, we reserve the right to reattempt to process payment within 48 hours. In the event that the payment is still unsuccessful, we will give you at least 48 hours’ notice in advance of any further reattempt to process payment by sending an email to the email address you have provided to us. If you do not want us to reattempt to process payment, you must cancel your order in advance. We are not responsible for your payment credentials issuer charging you as a result of our processing of your payment in accordance with your order.
We allow you to use discount codes strictly on the terms and conditions upon which they were issued which, among other things, may include terms relating to your eligibility to use them and a maximum order value. You may only use one discount code with each order. We reserve the right to reject or cancel any orders where you add more than one discount code to the basket.
Please familiarise yourself with these Ts&Cs before you place an order. We reserve the right to reject or cancel any orders that do not comply with these Ts&Cs even if your credit or debit card has been charged. If there is any inconsistency between the terms and conditions upon which the discount codes were issued and these Ts&Cs, the discount code terms and conditions prevail. A copy of the discount code terms and conditions can be obtained by mailing our customer service representatives at firstname.lastname@example.org.
Your use of the site grants no rights to you in relation to copyright, design rights, trade marks or other of our intellectual property rights (or the intellectual property rights of third parties).
We provide the site to you solely for your personal, non-commercial use. You may electronically copy and print only those areas of the site which are required in the process of using the site as a shopping resource. The content of the site may not be used for any other purpose without our express written permission.
LIMITATION OF LIABILITY
Notwithstanding any other provision in the Ts&Cs, nothing in these Ts&Cs affect or limit your rights as a consumer under English law, or will exclude or limit our liability for death or personal injury resulting from our negligence.
You have certain rights under the law. These include that any products supplied by us will be of satisfactory quality and fit for their intended purpose. Nothing in these Ts&Cs is intended to affect these statutory rights. For more information about your statutory rights, contact your local Citizens Advice Bureau or Trading Standards Office.
The site is provided on an 'as is' and 'as available' basis without any representation or endorsement made and we make no express or implied warranties of any kind in relation to it and its use. You acknowledge that we cannot guarantee and cannot be responsible for the security or privacy of the site and any information provided by you. You must bear the risk associated with the use of the internet.
If we breach these Ts&Cs, we shall only be liable for losses which are a reasonably foreseeable consequence of such a breach, up to a maximum of the purchase price of your order. Losses are foreseeable where they could be contemplated by you and us at the time of entering into this agreement.
While we will try to ensure that material included on the site is correct, reputable and of high quality, we cannot accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the site. If we are informed of any inaccuracies in the material on the site, we will attempt to correct this as soon as we reasonably can. Information provided about the products is intended to be used for educational or informational purposes only. The statements and products are not intended to diagnose, treat, cure or prevent any condition or disease. Please consult with your own doctor or health care practitioner regarding the suggestions and recommendations made on the site.
With current technology it is not possible to develop and operate computer programs (software) and data processing systems (hardware) entirely without error, or to rule out any unpredictable events in connection with the internet. We provide no guarantee for the constant and uninterrupted availability of the site. In particular, we disclaim all liabilities in connection with the following:
incompatibility of the site with any of your equipment, software or telecommunications links; technical problems including errors or interruptions of the site; unsuitability, unreliability or inaccuracy of the site; and failure of the site to meet your requirements.
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 (both of which terms includes, without limitation, pure economic loss, loss of profits, loss of revenue, loss of business, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the site.
These Ts&Cs form the entire basis of any agreement reached between you and us.
If any part of the Ts&Cs shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Ts&Cs and shall not affect the validity and enforceability of any remaining provisions of the Ts&Cs.
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
LAW AND JURISDICTION
These Tc&Cs 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.
From time to time we issue promotion codes. These must be entered during the order process, and you may redeem only one promotion code at a time. Unless otherwise stated, promotion codes exclude all discounted items, gift vouchers, 3 for 2 offers or delivery charges, and cannot be used in conjunction with any other form of discount. They may also exclude certain brands and individual items at our discretion. If you have any questions about the use of promotion codes, please email us at email@example.com.
Where we offer a free gift with a product, we shall provide only one free gift per transaction irrespective of how many products are purchased. The free gift is subject to availability and we reserve the right to change the free gift for an alternative gift. In order for us to facilitate the provision of a free gift, it may be necessary for us to include the free gift on our site at a nominal value, but you are not entitled to purchase the free gift without purchasing the product; it is provided free and any attempt to 'purchase' the free gift will be cancelled (notwithstanding any automated communication you may receive acknowledging your order). In the unlikely event that the free gift is despatched to you, you shall be obliged to return the free gift upon written request.
This offer applies only to qualifying items listed in the multi-buy area of the site. Where any goods are returned (except for an exchange where products are faulty/defective), we are entitled to either require the return of all goods delivered as part of that multi-buy offer at your cost or charge you for the goods retained by you at the full price quoted on this site.
The following rules will be deemed incorporated into each competition except to the extent that any specific instruction in a competition provides otherwise.
Competitions are open only to residents of the UK (excluding Northern Ireland). All entrants must be aged 18 or over, unless any other age restriction is specified. Any person who is an employee or an immediate family member of an employee of The Hair Consult Limited is ineligible to participate. All entries must be received by the closing date specified in the competition. Answers will be entered upon submission. We will not be liable for or accept any responsibility for:
(a) any failure by the winner or any entrant to comply with these Ts&Cs;
(b) any disruption, delay or misdirection of entries; or
(c) any server, system or network failures, malfunctioning or inaccessibility.
Entrants are liable for any costs they incur in providing an entry. Where prizes are to be provided by a third party, the winner will be required to complete all appropriate or applicable booking or other formalities direct with such providers. We will have no responsibility for the acts/defaults of any other persons or companies. We reserve the absolute right to disqualify without notice any entries to any competition which we consider have used improper technical means to enter and/or we believe is fraudulent. Please allow 28 days for delivery of all prizes. If the winner is unable to take up a prize for any reason or if the winner cannot be notified after reasonable efforts having been made, we may dispose of the prize as we think fit without any liability to the winner for having done so. No cash or other alternative to the prize will be offered. Prizes are not transferable or for resale, and are for private and domestic use only. If for any reason an advertised prize is unavailable, we reserve the right at our absolute discretion to substitute a similar prize of equivalent or greater value. Names of winners will be available on request. By entering the competition, entrants will be deemed to have read and understood these Ts&Cs and be bound by them. All of our decisions will be final and binding and no correspondence will be entered into.
If you submit a review, the following terms and conditions will be deemed to apply:
You grant us a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant The Hair Consult Limited the right to use the name that you submit in connection with such content, if we so choose. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to The Hair Consult Limited, including the execution of deeds and documents, at the request of The Hair Consult Limited. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is submitted to The Hair Consult Limited. The content and material is accurate, and use of the content and material you supply does not breach any applicable The Hair Consult Limited guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify The Hair Consult Limited for all claims brought by a third party against The Hair Consult Limited arising out of or in connection with a breach of any of these warranties.
Any credit will be valid for 6 months from the date of issue and will expire on the anniversary of the date of issue.
The Hair Consult gift voucher can be used to buy any product sold on the site. Our normal Ts&Cs, together with the terms and conditions outlined below, apply to the purchase and redemption of your gift voucher.
Gift vouchers can be added to your shopping basket like any other product. They are issued via email using an electronic voucher code, which can then be redeemed in the checkout to buy any product on the site. Discount codes cannot be used when purchasing a gift voucher. Gift vouchers are valued and issued in British pounds, and are available in £25, £50, £75 and £100 denominations. They are valid for 12 months from the date of purchase. Gift vouchers cannot be returned or refunded, except in accordance with your statutory rights. The value of the gift voucher cannot be converted back to cash. Gift vouchers can be provided to the recipient as an email or a print-out. You can only use one gift voucher per order and no change will be issued if the full value of the voucher is not used in the order. For purchases that are subsequently refunded, the refund will be issued via the same payment method as used to pay for the order. Therefore if you have paid, or part-paid, for an order using a gift voucher, any refund will be issued in gift vouchers to the same value. The risk of loss and title for a gift voucher shall pass to the purchaser upon our electronic transmission of the gift voucher to the purchaser or designated recipient, whichever is applicable. We are not responsible if any gift voucher is lost, stolen, destroyed or used without your permission. Lost gift vouchers may be reissued only where proof of the original purchase is provided and we can verify that no part of the gift voucher has already been redeemed. The original gift voucher will be void if a replacement is issued, and the original expiry date will still apply. We retain the right to close customer accounts and take payment from alternative forms of payment if a fraudulently obtained gift voucher is redeemed and/or used to make purchases on the site.
Subject to the terms set out below, you may earn credit for use on the site by referring a new customer to us through our referral scheme by sharing the referral code we provide to you ('referral scheme').
You are eligible to participate as a referrer in the referral scheme only if you have previously placed an order on the site. A new customer ('referee') is a individual who has not previously placed an order with us. If the referee has an account on the site but has not previously placed an order on the site, they are still entitled to participate in the referral scheme. The referee must place an order with a value of at least the minimum value as stated on the site from time to time. The referral code must be entered by the referee at checkout. If the referee subsequently cancels or returns their order for any reason, the referrer will not qualify for any credit. Any credit generated from the referral scheme will be valued and issued in British pounds, and may only be spent on the site. Neither the referrer nor the referee is entitled to receive any payment of any kind in respect of the credit. The credit is not redeemable for cash and is not transferable in any way. Any credit accrued through the Referral Scheme that has not been used within 12 months from the date of accrual will expire. We may exclude products from the referral scheme at our sole discretion from time to time. We may, in our sole discretion, withdraw any credit generated from the referral scheme at any time if we believe or suspect that the use of the referral scheme is fraudulent, misleading or contrary to these terms.