| You are: | visitor to Our Web Site / our customer | |
| We are: | Specialist Make-up Services Ltd T/A Debra Robson-Lawrence |
|
| Our address is: | Hatton House, Church Lane, Cheshunt, Hertfordshire EN8 ODW |
| 1 | Definitions | |||||||||||||||||
In this agreement:
|
||||||||||||||||||
| 2 | Our Contract With You | |||||||||||||||||
| 2.1 | These terms and conditions apply: | |||||||||||||||||
| 2.1.1 | so far as the context allows, to you as a visitor to Our Web Site; and | |||||||||||||||||
| 2.1.2 | in any event to you as a buyer or prospective buyer of our Goods. | |||||||||||||||||
| 2.2 | Goods advertised may not be available. | |||||||||||||||||
| 2.3 | We shall accept your order by e-mail confirmation. Our message will also confirm details of your purchase and tell you when we shall dispatch your order. That is when our contract is made. It is possible that the price may have increased from that posted on our web site. | |||||||||||||||||
| 2.4 | We may change these terms from time to time. The terms that apply to you are those posted here on Our Web Site on the day you order Goods. | |||||||||||||||||
| 2.5 | All descriptions, weights and sizes of Goods are those of the original manufacturers and you may not rely on their accuracy. Accordingly, any such description shall not form part of this Agreement. | |||||||||||||||||
| 2.6 | If we do not have the Goods you order in stock, we will offer you alternatives before we dispatch your order. If this happens you may: | |||||||||||||||||
| 2.6.1 | accept the alternatives we offer; | |||||||||||||||||
| 2.6.2 | cancel your order; | |||||||||||||||||
| 2.6.3 | leave the order valid, but tell us to omit the out-of-stock item; | |||||||||||||||||
| 2.6.4 | leave the order valid, to be shipped in its entirety when the out-of-stock item becomes available. | |||||||||||||||||
| 2.7 | If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 30 days from the date of your order. | |||||||||||||||||
| 2.8 | Goods are at your risk from the moment they are picked up by the Carrier from our warehouse. | |||||||||||||||||
| 2.9 | If we have supplied you with Goods in error, or there are shortages, you must notify us within seven days of receipt of your order. | |||||||||||||||||
| 3 | Price and Payment | |||||||||||||||||
| 3.1 | You must pay us the full price of your order before we will send any part of it. | |||||||||||||||||
| 3.2 | Banking charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than pounds Sterling will be borne by you. | |||||||||||||||||
| 3.3 | Any details given by us in relation to exchange rates are approximate only and may vary from time to time. | |||||||||||||||||
| 3.4 | You will pay all sums due to us under these terms by the means specified without any set-off, deduction or counterclaim. | |||||||||||||||||
| 4 | Information You Give Us | |||||||||||||||||
| 4.1 | You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods. | |||||||||||||||||
| 4.2 | We will use our reasonable endeavours to respond to any point of dissatisfaction by you, provided you contact us within seven days of receipt of your order. | |||||||||||||||||
| 5 | Delivery | |||||||||||||||||
| 5.1 | Deliveries will be made by the Carrier to the address stipulated in your order. You must ensure that someone is present to accept delivery. | |||||||||||||||||
| 5.2 | If we are not able to deliver your Goods within 30 days of the date of your order, we shall notify you by e-mail to arrange another date for delivery. | |||||||||||||||||
| 5.3 | We may deliver the Goods in instalments if the Goods are not available at the same time for delivery. | |||||||||||||||||
| 5.4 | Unless specified otherwise, products are shipped by Second Class mail. | |||||||||||||||||
| 6 | Taxes, Duties and Import Restrictions | |||||||||||||||||
| 6.1 | We have no knowledge of, and no responsibility for, the laws in your country of residence. | |||||||||||||||||
| 6.2 | You are responsible for purchasing Goods which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country of residence. | |||||||||||||||||
| 7 | Goods Returned | |||||||||||||||||
| Because you are buying the Goods by mail order, you may have a right of cancellation. If you do, (and only if you do), these are the terms which apply: | ||||||||||||||||||
| 7.1 | You must tell us you wish to cancel within 7 days of your receipt of the Goods; | |||||||||||||||||
| 7.2 | In any event, you may not cancel orders for food or other perishable Goods, nor for handmade, specially commissioned or personalised Goods; | |||||||||||||||||
| 7.3 | The Goods must be returned to us within seven days of your telling us you wish to cancel: | |||||||||||||||||
| 7.3.1 | with both Goods and all packaging in their original condition; | |||||||||||||||||
| 7.3.2 | securely wrapped; | |||||||||||||||||
| 7.3.3 | including our delivery slip, your original receipt, name of employee that authorised the return of Goods, date of said authorisation, a full written reason for the return and, if the goods are to be exchanged, correctly stamped, addressed packaging; | |||||||||||||||||
| 7.3.4 | at your risk and cost. | |||||||||||||||||
| 7.4 | After we have received the Goods, we will credit your credit or debit card with the full purchase price of the Goods, minus a 15% restocking fee, returned no later than 30 days from the date of receipt; | |||||||||||||||||
| 7.5 | If you do not return the Goods to us, you are still liable to us for the cost. | |||||||||||||||||
| 7.6 | We are under no obligation to collect or recover Goods from you, but if we do, our costs will be payable by you. | |||||||||||||||||
| 8 | Disclaimers | |||||||||||||||||
| 8.1 | We or our Content suppliers may make improvements or changes to Our Web Site, the Content, or to any of the Goods, at any time and without advance notice. | |||||||||||||||||
| 8.2 | You are advised that Content may include technical inaccuracies or typographical errors. | |||||||||||||||||
| 8.3 | We give no warranty and make no representation, express or implied, as to: | |||||||||||||||||
| 8.3.1 | the adequacy or appropriateness of the Goods for your purpose. | |||||||||||||||||
| 8.3.2 | the truth of any information given on Our Web Site; | |||||||||||||||||
| 8.3.3 | any implied warranty or condition as to merchantability or fitness of the Goods and Services for a particular purpose; | |||||||||||||||||
| 8.3.4 | compatibility of Our Web Site with your equipment software or telecommunications connection. | |||||||||||||||||
| 8.3.5 | compliance with any law; | |||||||||||||||||
| 8.3.6 | non-infringement of any right. | |||||||||||||||||
| 8.4 | Our Web Site contains links to other Internet web sites. We have neither power nor control over any such web site. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked web site, nor for any loss or damage arising from your use of any such web site. | |||||||||||||||||
| 8.5 | We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Web Site, the purchase of Goods, or late delivery of Goods. | |||||||||||||||||
| 8.6 | In any claim against us our liability is limited to the value of the Goods you have purchased in the contract which is the subject of the dispute. | |||||||||||||||||
| 9 | Content and Intellectual Property Rights | |||||||||||||||||
| 9.1 | Title, ownership rights, and intellectual property rights in the Content whether provided by us or by any other Content provider shall remain the sole property of us and / or the other Content provider. We will strongly protect its rights in all countries. | |||||||||||||||||
| 9.2 | You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as is expressly permitted in this agreement. | |||||||||||||||||
| 9.3 | You may download or copy the Content only for your own personal use, provided that you maintain all copyright and other notices contained in such Content. You may not store electronically any significant portion of any Content. | |||||||||||||||||
| 10 | System Security | |||||||||||||||||
| 10.1 | You agree that you will not, and will not allow any other person to, violate or attempt to violate any aspect of the security of the Installation; | |||||||||||||||||
| 10.2 | you agree that you will in no way modify, reverse engineer, disassemble, decompile, copy, or cause damage or unintended effect to any portion of Our Web Site, or any software used on Our Web Site, and that you will not permit any other person to do so. | |||||||||||||||||
| 10.3 | You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution. | |||||||||||||||||
| 10.4 | Examples of violations are: | |||||||||||||||||
| 10.4.1 | accessing data unlawfully or without consent; | |||||||||||||||||
| 10.4.2 | attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; | |||||||||||||||||
| 10.4.3 | attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing"; | |||||||||||||||||
| 10.4.4 | forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; | |||||||||||||||||
| 10.4.5 | taking any action in order to obtain Goods to which you are not entitled. | |||||||||||||||||
| 10.5 | You agree to indemnify us against any claim or demand, including reasonable lawyers' fees, made by any third party due to or arising out of: | |||||||||||||||||
| 10.5.1 | any violation of system security as set out above; | |||||||||||||||||
| 10.5.2 | your use of Our Web Site; | |||||||||||||||||
| 10.5.3 | any other breach or violation of this agreement by you; | |||||||||||||||||
| 10.5.4 | the infringement by you, or by any other user of your computer, of any intellectual property or other right of any person or entity, or as a result of any threatening, libellous, obscene, harassing or offensive material contained in any of your communications. | |||||||||||||||||
| 11 | Indemnity | |||||||||||||||||
| You agree to indemnify us against any claim or demand, including reasonable lawyers' fees, made by any third party due to or arising in any way out of your use of Our Web Site, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person. | ||||||||||||||||||
| 12 | Contractual Limitation | |||||||||||||||||
| Where we provide Goods without specific charge, then it (or they) is deemed to be provided free of charge, and not to be associated with any other service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of any such Goods. | ||||||||||||||||||
| 13 | Rights of Third Parties | |||||||||||||||||
| Nothing in this agreement or on our web site shall confer on any third party any benefit under the provisions of the Contracts (Rights of Third Parties) Act 1999. | ||||||||||||||||||
| 14 | Severability | |||||||||||||||||
| If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms. | ||||||||||||||||||
| 15 | No Waiver | |||||||||||||||||
| No waiver by us, in exercising any right, power or provision hereunder shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver. | ||||||||||||||||||
| 16 | Dispute Resolution | |||||||||||||||||
| In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation. | ||||||||||||||||||
| 17 | Force Majeure | |||||||||||||||||
| We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees. | ||||||||||||||||||
| 18 | Governing Law | |||||||||||||||||
| This Agreement shall be governed by and construed in accordance with the law of England. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded. | ||||||||||||||||||
Privacy Policy
We are extremely concerned to protect your privacy and confidentiality. We understand that all users of our site are quite rightly concerned to know that their data will not be used for any purpose unintended by them, and will not fall into the hands of a third party. Our policy is both specific and strict. If you think our policy falls short of your expectations or that we are failing to abide by our policy, do please tell us.
We are constantly vigilant for credit card or other fraud. We report all charge backs to a credit reference agency. If you have any reason to seek the return of money paid, please contact us rather than your credit card issuer.
Information may be unlawfully available to hackers and snoopers. We take no responsibility for this. The risk is no different from a similar risk in a bricks and mortar establishment. Except as set out below, we do not share, or sell, or disclose to a third party, any personally identifiable information collected at this site. If this policy should change in the future (most unlikely), then we shall provide notification in advance, and the opportunity for all users to indicate whether or not they would prefer that we do not provide the information to third parties as proposed.
We do not market to children. However, some children may visit parts of the site and will be subject to whatever on site marketing they find, wherever they visit.
Here is a list of the information we collect, and why it is necessary to collect it:
|
||||||||||||||||||
| 1 | Basic identification and contact information, such as your name and contact details. | |||||||||||||||||
| This information is used: | ||||||||||||||||||
| 1.1 | to provide you with the services which you request; | |||||||||||||||||
| 1.2 | to maintain our accounts; | |||||||||||||||||
| 1.3 | for billing; | |||||||||||||||||
| 1.4 | to enable us to answer your enquiries; | |||||||||||||||||
| 1.5 | for verifying your identity for security purposes; | |||||||||||||||||
| 1.6 | for marketing our services and products; | |||||||||||||||||
| 1.7 | to help make our web site as useful to you as possible; | |||||||||||||||||
| 1.8 | information which does not identify any individual. | |||||||||||||||||
| This may be used in a general way by us or third parties, to provide class information, for example relating to demographics or usage of a particular page or service. | ||||||||||||||||||
| 2 | Your domain name and e-mail address. | |||||||||||||||||
| These are recognised by our servers and the pages that you visit are recorded. This information is used: | ||||||||||||||||||
| 2.1 | in a collective way not referable to any particular individual, for the purpose of quality control and improvement of our site; | |||||||||||||||||
| 2.2 | to send you news about the services to which you have signed up; | |||||||||||||||||
| 2.3 | to tell you about other of our services. | |||||||||||||||||
| 3 | Financial information, including credit card details. | |||||||||||||||||
| This information is used to obtain payment for Goods and services you have ordered from us. This information is never actually received by us. The page where this information is given by you is controlled by our contract merchant service provider, WorldPay. Such information is automatically encrypted, and later decrypted for use. It never touches our system. OR | ||||||||||||||||||
| 4 | Information volunteered by you for a particular purpose, for example a personal profile, survey, job application form, or contest.. | |||||||||||||||||
| This information will be used exclusively for the purpose for which you have provided it. Information is disclosed to third parties only where the third party concerned qualifies in whatever way the web site page requires. We will make absolutely clear on the face of the page, any intention to publicise the name of a winner. | ||||||||||||||||||
| 5 | Affiliate information. | |||||||||||||||||
| This is information given to us in the course of your business and ours if you have applied to join our affiliate scheme. Such information is retained for business use only. We undertake to preserve the confidentiality of the information and of the terms of our relationship. This information is used: | ||||||||||||||||||
| 5.1 | to maintain our accounts and affiliate records; | |||||||||||||||||
| 5.2 | for billing; | |||||||||||||||||
| 5.3 | to enable us to answer your enquiries; | |||||||||||||||||
| 5.4 | for verifying your identity for security purposes; | |||||||||||||||||
| 5.5 | to send you news about the services to which you have signed up; | |||||||||||||||||
| 5.6 | to tell you about other of our services. | |||||||||||||||||
| 6 | Business information. | |||||||||||||||||
| This is information given to us in the course of your business and ours such as in relation to your application to partner with us or advertise with us. Such information is retained for business use only. We undertake to preserve the confidentiality of the information and of the terms of our relationship. It is not used for any other purpose. We expect you and any partner to reciprocate this policy. | ||||||||||||||||||
| 7 | Disclosure to Government and their agencies. | |||||||||||||||||
| We are subject to the law like everyone else. We may be required to give information to legal authorities if they so request or if they have the proper authorization such as a search warrant or court order. | ||||||||||||||||||
| 8 | Information request. | |||||||||||||||||
| At any time you may review or update the personally identifiable information that we hold about you, by contacting us at the address below. To better safeguard your information, we will also take reasonable steps to verify your identity before granting access or making corrections to your information. | ||||||||||||||||||