Lash Amore Ltd – Terms of Sale.
Please read these terms of sale carefully, as they contain legally binding obligations. Please retain a copy of these terms and details of your order for future reference.
1. The Contract
These terms of sale apply to the sale of all products (‘Products’) by Lash Amore Limited (‘us’, ‘we’, ‘our’) which are made either through our websites at www.lashamore.co.uk (our ‘Site’) or by any other means. If you purchase Products as a consumer (i.e. for your own personal use and not for resale or other use in the course of business), your statutory rights are not affected.
1.1 An order placed by you constitutes only an offer by you to buy the Products you have selected. Placing an order carries with it an obligation for you to pay but places no obligation on us to provide those Products. When we receive your order, we will send you an e-mail (or emails) acknowledging that we have received your order and/or setting out the details of your order (including the applicable charges). These e-mails only confirm the details of your order and the fact that your order has been received. They do not comprise acceptance of your order.
1.2 A contract between you and us (‘Contract’) will only be formed if/when we (i) expressly accept your order in writing or (ii) despatch the ordered Products to you (each, ‘Acceptance’ or ‘Accepted’). Each Contract will relate only to those Products we have Accepted. We will be under no obligation to supply any Products until Acceptance. All orders are subject to acceptance by us in our absolute discretion.
2. Your Status
By placing an order with us, you warrant that you are authorised and/or entitled to enter into legally binding contracts with us and that in doing so you will not breach any law or any obligation to any third party. If you are an individual, you represent and confirm that you are at least 16 years of age and that you will use the Products in strict accordance with all guidance and other requirements issued by us (including any set out on our Site) and (if applicable) any usage requirements or conditions specified by the Product manufacturer. We will only accept orders for products that are recommended for ‘Professional Use Only’, from appropriately qualified Professionals (as defined in clause 7) and if you place an order for any such Product, you represent and confirm that you are a Professional and that you will use the items in strict accordance with our requirements, including those set out on our Site and in clause 7 below.
3. Our Status
We are a UK limited company (registered no. 11827147trading address 44 Admiralty close, West Drayton UB79NG
4. Product Description and Price
4.1 We have taken reasonable care to describe all Products as accurately as possible. However, slight variations in description may occur.
4.2 The price of any Products will be as quoted on our Site from time to time, except in cases of obvious error. Our prices exclude VAT (if applicable) and delivery costs, which will be added to the total amount due in accordance with our delivery charges in force from time to time.
4.3 Prices are liable to change at any time, but subsequent changes will not affect accepted orders.
4.4 It is always possible that, despite our best efforts, some of the Products listed on our Site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures, so that where a Product's correct price is less than our stated price we will charge the lower amount when dispatching the Product to you. If a Product´s correct price is higher than the price stated on our Site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
4.5 We are under no obligation to provide the Product to you at an incorrect (lower) price, even after Acceptance, if the pricing error is obvious and/or could have reasonably been recognised as a mis-pricing.
Payment for all Products must be by credit or debit card, PayPal or by any of the other payment options specified on our Site. We shall be entitled to withhold delivery and/or cancel the Contract if we do not receive full payment from you in cleared funds. We will not charge your credit or debit card until we accept your order but you should be aware that our payment processing provider will allocate the required funds at the point at which you place your order, such that the allocation will count against your current credit limit, despite the fact that the funds have not yet been deducted.
6. Availability and Delivery
6.1 Your order will be fulfilled without undue delay and by any delivery date confirmed by us or, if no delivery date is specified, then within 30 days of our Acceptance of your order. Delivery will be made to the delivery address specified when you submit your order.
6.2 If delivery is delayed we shall inform you but we will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery, save that if we do not deliver within the said delivery periods, we shall refund you the paid purchase price upon request. If delivery cannot be made to your chosen delivery address, you will be informed as soon as reasonably possible.
6.3 If you refuse the delivery of your order for reasons under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (‘Regulations’) or you fail to take delivery because you have cancelled your Contract under the Regulations, we will refund or re-credit you for any sum paid by you or debited from your credit card for the Products in accordance with clause 10 below.
6.4 Upon delivery of your order you may be asked to sign for the Products received. If the package does not appear to be in good condition then please refuse the delivery. If you are unable to check the contents of the delivery then please ensure you sign for the parcel “unchecked”.
7. Products for 'Professional Use Only'
7.1 Some of the Products sold by us carry a risk of personal injury if they are not used and applied properly by appropriately qualified professionals, by which we mean someone who (i) holds a certificate of competence in the relevant procedure, and (ii) is proficient and knowledgeable in the use and application of all such products, and (iii) is fully insured regards semi permanent eyelash extensions (together, a ‘Professional’).
7.2 We will only supply Products to Professionals and we will require anyone ordering such Products to provide proof (to our satisfaction) which demonstrates that they are appropriately qualified, comply with all relevant standards and requirements and are otherwise suitable to apply Eyelash extension Products correctly. Should you fail to provide such information, or information to our satisfaction, we will not supply you with Products. If we have any reason at all to suspect that you are not appropriately qualified and compliant, we reserve the right not to supply you with any Products and/or to cancel any order placed by you, whether or not Accepted by us.
7.3 Without prejudice to the requirements set out in clause 7.2 above, you undertake and covenant to use our Products as follows:
(a) You will first conduct a careful and detailed client consultation in which you will check for any potential contraindications;
(b) If any contraindications are found or indicated you will provide the material safety data sheet to the client’s GP and obtain sign-off from the GP before proceeding any further with the client consultation or treatment;
(c) Subject to (a) and (b) above, you will carry out a 48 hour patch test prior to any use of adhesives or any Products categorised as suitable for Professional Use Only, in accordance with any recommendations set by us and in line with best industry practice, and only proceed with any treatment following a positive outcome to the patch test.
8. Consumer Rights
8.1 Where you contract as a Consumer, each Contract is subject to your rights of cancellation set out in this clause.
8.2 The Cosumer Contracts Regulations  give you the right to cancel your Contract with us within 14 days without giving any reason. The cancellation period will expire as follows:-
(a) For Products, the period will expire after 14 days from the day you (or anyone nominated by you) receive(s) the Products;
(b) In a Contract for the sale of multiple Products with different delivery dates, the period will expire after 14 days from the day you (or anyone nominated by you) receive(s) the last of the Products;
(c) In a Contract for the regular delivery of Products, the period will expire after 14 days from the day you (or anyone nominated by you) received the first delivery of Products.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
8.3 To exercise the right to cancel, you must inform us of your decision to cancel the Contract by a clear statement (for example, a letter sent by post, fax or e-mail). For these purposes, our contact details are:lashamore ltd, 44 Admiralty close, West Drayton, Ub79ng. Email email@example.com,telephone 01895449928
8.4 Should you cancel within the above periods, you will receive a refund of the price paid for the Products in accordance with our refunds policy, set out in clause 10 below, provided that you comply with any other applicable terms.
9. Risk and Title
The Products will be at your risk from the time you (or anyone nominated by you) receive(s) the Products. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, inclusive of all delivery charges.
10. Returns and Refunds
10.1 If you act as a Consumer and exercise your rights of cancellation under the Regulations but have received Products in connection with the Contract, you:
(a) shall send back the Products, or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation of the Contract to us – the said deadline being met if you send back the Products before the period of 14 days has expired;
(b) will have to bear the direct cost of returning the Products. If the Products cannot normally be sent by post, you will have to bear the direct cost of returning the Products, which we estimate will cost an approximate maximum of £20.00 if returning the products by courier.
(c) must take reasonable care of the Products whilst they are in your possession. You are liable for any diminished value of the Products resulting from the handling of the Products other than as required to establish the nature, characteristics and functioning of the Products.
10.2 If you cancel the Contract in accordance with your cancellation rights under the Regulations, we will reimburse 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 will make the reimbursement without undue delay, and not later than (a) 14 days after the day we receive back from you the Products supplied, or (b) (if earlier) 14 days after the day you provide evidence that you have returned the Products. We may withhold reimbursement until we have received the Products back or you have supplied evidence of having sent back the Products, whichever is the earliest.
10.3 When you return a Product to us for any other reason (e.g. because you claim that the Product is defective), and whether or not you are a Consumer, we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirm to you via e-mail that you were entitled to a refund for the defective Product. Products returned by you because of a defect will be refunded in full when we have verified the defect, including a refund of the delivery charges for sending the item to you and the reasonable cost incurred by you in returning the item to us by the most cost-efficient route reasonably available. You agree to return all Products by first class recorded delivery to ensure the tracking of all items.
10.4 When making any return(s) to us, you agree to comply with any returns process notified by us.
10.5 We will refund any money received from you using the same method originally used by you to pay for your purchase unless you expressly agree otherwise. You will not incur any fees as a result of the reimbursement but we may make a deduction from the reimbursement for loss in value of any Products supplied if the loss is the result of handling of the Products other than as required to establish their nature, characteristics and function.
10.6 Refunds are carried out by our payment processor and while we will endeavour to ensure refunds are paid in accordance with the timescales set out above, we will not be liable for any delays outside our control.
11. Our Liability
11.1 We are under a legal duty to provide Products which comply with the terms of the Contract. You should also be aware that consumer sales in the UK are subject to governance by organisations such as the OFT, the Department of Enterprise, Trade and Investment in Northern Ireland and the Trading Standards Institute, and subject to codes of conduct, further details of which can be found at http://www.tradingstandards.gov.uk/advice/.
11.2 The following provisions set out our entire financial liability (including any liability for the acts or omissions of our employees, officers, agents, suppliers or contractors) to you in respect of (a) any breach of these terms of sale or the terms of any Contract, (b) any use made or resale by you of any Products, or of any product incorporating any of the Products, and/or (c) any representation, statement or tortious act or omission including negligence arising under or in connection with any Contract.
11.3 Nothing in these terms seeks to exclude or limit our liability (a) for death or personal injury caused by our negligence, (b) under section 2(3) of the Consumer Protection Act 1987, (c) for fraud or fraudulent misrepresentation, or (d) for any matter for which it would be illegal for us to exclude or limit, or attempt to exclude or limit, our liability.
11.4 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract. For the avoidance of doubt, no attempt is made to exclude (i) the terms implied by section 12 of the Sale of Goods Act 1979, or (ii) any terms implied for the protection of Consumers which may not be excluded under law.
11.5 Subject to clauses 11.3 and 11.4, we are not responsible for (i) indirect losses which happen as a side effect or indirect consequence of the main loss or damage, including but not limited to loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, or waste of management or office time; in each case howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise, or (ii) for any liability which arises from your misuse of the Products or your failure to comply with any Product guidelines or requirements provided by us, including (without limitation) any recommended pre-tests or patch tests before using the Products.
11.6 Subject to clauses 11.2-11.5 above, our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the Contract price (inclusive of any delivery charges).
12. Data Protection & Security Checks
12.2 To ensure that your credit, debit or charge cards are not being used without your consent, we validate your name, address and other personal data against information held on appropriate third party databases. This is done only to confirm your identity; a credit check is not performed and your credit rating will not be affected. By accepting these terms, you consent to us carrying out such checks, whereby registered credit reference agencies may retain a record of the data disclosed to them.
13. Written Communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our Site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you 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. This condition does not affect your statutory rights.
All notices given by you to us must be given to lashamore Ltd, 44 Admiralty close Ub79ng United Kingdom or by email to firstname.lastname@example.org. We may give notice to you at either the e-mail or postal address you provide to us when submitting your order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
15. Transfer of Rights and Obligations
The Contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of any Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of any Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
16. Events Outside our Control
16.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any Contract that is caused by events outside our reasonable control (Force Majeure Event).
16.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) strikes, lock-outs or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; problems with use of railways, shipping, aircraft, motor transport or other means of public or private transport; problems with the use of public or private telecommunications networks; and the acts, decrees, legislation, regulations or restrictions of any government.
16.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
17.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
17.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
17.3 No waiver by us of any of these terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 13.
If any of these terms or any other provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
19. Entire Agreement
19.1 These terms and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
19.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
19.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party´s only remedy shall be for breach of contract as provided in these terms.
20. Our Right to Vary these Terms and Conditions
20.1 We have the right to revise and amend these terms from time to time, including to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
20.2 You will be subject to the terms and policies in force at the time that you order Products from us, unless any change to the terms and/or the policies is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to these terms or the policies before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the changes unless you notify us to the contrary within seven working days of receipt by you of the Products).
21. Law and Jurisdiction
SECTION 1 - WHAT DO WE DO WITH YOUR INFORMATION?
When you purchase something from our shop, as part of the buying and selling process, the personal information you give us such as your name, address and email address are collected and used to fulfill your order.
When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.
Email marketing (if applicable): With your permission, we may send you occasional emails about our store, new products or other updates. We will never share your email address with a third party to be used as part of a marketing campaign that you have not subscribed to.
SECTION 2 - CONSENT
How do you get my consent?
When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.
If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.
How do I withdraw my consent?
If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us at admin@LashAmore.co.uk or mailing us at:
Lash Amore ltd, 44 admiralty close, west drayton, ub7 9ng, United Kingdom.
SECTION 3 - DISCLOSURE
We may disclose your personal information to third parties:
• In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
• If we are under a duty to disclose or share your personal data in order to comply with any legal obligation or in order to enforce or apply any agreements with you or to protect the rights, property, or safety of Lash Amore ltd, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
SECTION 4 – WEB HOSTING
Our store is hosted by Go Daddy.They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Your data is stored through Go Daddy data storage, databases and application. They store your data on a secure server behind a firewall.
Payment through the PayPal payment gateway is conducted away from our site and subject to the privacy and security policy being used by PayPal at the time of your order.
If you choose a direct payment gateway to complete your purchase, then that gateway will store your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, we will not store your purchase transaction information such as credit card numbers.
All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.
PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
SECTION 5 - THIRD-PARTY SERVICES
In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us. For example; shipping companies will require your name and address, but may also require your telephone number or email address to provide their service.
Certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.
For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.
In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.
When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.
SECTION 6 - SECURITY
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.
SECTION 7 - COOKIES
Session (Transient) cookies: these cookies are erased when you close your browser, and do not collect information from your computer. They typically store information in the form of a session identification that does not personally identify the user.
Persistent (Permanent/Stored) cookies: these cookies are stored on your hard drive until they expire (i.e based on a set expiration date) or until you delete them. These cookies are used to collect identifying information about the user, such as Web surfing behavior or user preferences for a specific site.
SECTION 8 - AGE OF CONSENT
By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. Please note that the minimum age for the semi - permenant eyelash extension treatment is 16 years in the United Kingdom. We cannot sell eyelash extension products to anyone under the age of 16.
QUESTIONS AND CONTACT INFORMATION
If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact us at email@example.com
or by mail to;
Lash Amore ltd
44 admiralty close
We set ourselves high standards of professionalism and service but; if you feel that we have fallen short of your expectations, we are committed to responding to your concerns in a thorough and timely manner.
Correspondence concerning a complaint will only be made with the person directly affected or a representative with written authorisation. This is to maintain the confidentiality of personal information.
In the first instance, any issues with your microblading training course should be communicated to your course tutor, either in person, by telephone, in writing or by email to firstname.lastname@example.org. Contact details are listed below. Your tutor will log your concerns and, if possible, take action to resolve your complaint at the earliest opportunity.
If you have an issue with eyelash products that has been supplied by us, please contact us by telephone or email admin@LashAmore.co.uk. Tell us the nature of your complaint and the date purchased.
If you feel that your complaint has not been resolved to your satisfaction, or in a timely manner, we ask that you contact us in writing or by email to email@example.com Include your name, contact details, course date, location and a full description of the issue that you wish to complain about. A member of the management team will review your complaint and take steps to bring about a resolution within 30 days. The manager will commence a process with your course tutor to review your complaint. The team may request that you provide additional information to help investigate the cause of your concern and to establish whether any others have been affected by the issue. Please provide details as soon as possible to avoid any delay in the resolution process.
Following the conclusion of the complaint resolution process, the manager will inform you of it’s outcome and any action that may be taken to bring about a satisfactory resolution to the matter.
If you are unhappy with the outcome of the complaints procedure, you may contact the accrediting body that you are a member of and request that they review your complaint. Contact details of the organisations that accredit our courses are listed below.
Lash Amore ltd
44 admiralty close
Tutor email: firstname.lastname@example.org
Manager email: email@example.com
Telephone: 0189 5449928
Associated Beauty Therapists (ABT)
George's Elm Lane,
B50 4JS, UK.
Telephone: 01789 773573