This page (together with the documents expressly referred to on it) tells you information about us and the legal terms and conditions (Terms) on which we sell any of the products (Products) listed on our website (our site) to you. These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms by clicking on the button marked “Yes”. If you refuse to accept these Terms, you will not be able to order any Products from our site. You should print a copy of these Terms or save them to your computer for future reference. We amend these Terms from time to time as set out in clause 6. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. Please note that our previous terms and conditions were replaced by these Terms on 05/11/2012. These Terms, and any Contract between us, are only in the English language.
1.Information about us
1.1We operate the website www.foxyhairextensions.net. We are Foxy Hair Extensions (NE) Limited, a company registered in England and Wales under company number 08103224 and with our registered office at Unit 14D Airport Industrial Estate, Kingston Park, Newcastle upon Tyne, Tyne & Wear NE3 2EF, England. Our main trading address is Unit 14D Airport Industrial Estate, Kingston Park, Newcastle upon Tyne, Tyne & Wear NE3 2EF, England. Our VAT number is GB 136 4494 03. 1.2To contact us, please see our Contact Us page.
2. Our Products
2.1The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
2.2Although we have made every effort to be as accurate as possible, all sizes, weights, dimensions and measurements indicated on our site have a 5% tolerance.
2.3The packaging of the Products may vary from that shown on images on our site.
2.4All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.
3.If you are a consumer
This clause 3 only applies if you are a consumer.
3.1We intend to rely upon these Terms and any document expressly referred to in them in relation to the Contract between you and us. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these Terms to be confirmed in writing.
3.2As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
4.If you are a business customer
This clause 4 only applies if you are a business.
4.1If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
4.2These Terms and any document expressly referred to in them constitute the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these Terms or any document expressly referred to in them.
5.How the contract is formed between you and us
5.1Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
5.2After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 5.3.
5.3We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.
5.4If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
6.Our right to vary these terms
6.1We may revise these Terms from time to time in the following circumstances: (a)changes in how we accept payment from you; and/or (b)changes in relevant laws and regulatory requirements.
6.2Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
6.3Whenever we revise these Terms in accordance with this clause 6, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date.
7.Your cancellation and refund rights if you are a consumer This clause 7 only applies if you are a consumer.
7.1If you are a consumer, you have a legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000 during the period set out below in clause 7.3. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens' Advice Bureau or Trading Standards office.
7.2However, this cancellation right does not apply in the case of: (a)any made-to-measure or custom-made products; (b)any Product which has a gold tie which you have removed (Or Silver Tie and Net on 1 Piece Clip-On Hair Pieces & and Outer packaging on Hair Bands); (c)any hair extension Product which has been used by you. (d)any Clip In products are non refundable in any circumstance, once purchased, for hygene reasons.
7.3Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation, which is when the Contract between us is formed. If the Products have already been delivered to you, you have a period of 14 (fourteen) calender days in which you may cancel, starting from the day after the day you receive the Products. calender days means that Saturdays, Sundays or public holidays are included in this period.
7.4To cancel a Contract, you must contact us in writing by sending an e-mail to firstname.lastname@example.org, or by sending a letter to Customer Services, Foxy Hair Extensions (NE) Limited, Unit 14D Airport Industrial Estate, Kingston Park, Newcastle upon Tyne, Tyne & Wear NE3 2EF, England. Alternatively, please telephone our Customer Services - telephone number 0845 0948403. You may wish to keep a copy of your cancellation notification for your own records.
7.5You will receive a full refund of the price you paid for the Products. No refund will be given in respect of any applicable delivery charges you paid for. We will process the refund due to you as soon as possible and, in any case, within 28 calendar days of the day on which you gave us notice of cancellation as described in clause 7.4. If you returned the Products to us because they were faulty or mis-described, please see clause 7.6.
7.6If you have returned the Products to us under this clause 7 because they are faulty, we will repair the product where possible, if a repair is not viable we will then offer a replacement. Should no replacement be available a refund for the price of a defective Product will be issued. No refund will be given in respect of applicable delivery charges you paid for, or in respect of any costs you incur in returning the item to us.
7.7We refund you on the credit card or debit card used by you to pay.
7.8If the Products were delivered to you: (a)you must return the Products to us as soon as reasonably practicable and, in any event, within 28 days, starting from the day you receive the Products; (b)you will be responsible for the cost of returning the Products to us; (c)you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.
7.9We have no liability to you if you do not return the Products to us, or if the Products are not received by us for any reason. We therefore advise you to return any Products to us by recorded delivery post.
7.10No refund will be given for any Products returned by you and which are not received by us within 28 calender days, starting from the day you receive the Products.
7.11Subject to the above terms of this clause 7, in relation to any Products returned by you and which are received by us: (a)more than 14 (fourteen) calender days after you receive the Products (excluding the day you receive the Products); but (b)within 28 calender days (starting from the day you receive the Products), (c)any electrical item carries a 6 month warranty from the date of purchase. We will issue a credit note only or exchange.
7.12As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 7 or these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
8.1In this clause 8, “Business Day” means a day other than a Saturday, Sunday or public holiday.
8.2Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. Provided that we receive your order by 2pm on a Business Day, we will use reasonable endeavours (but cannot guarantee) to despatch the Products the same day. In relation to orders received after 2pm on a Business Day, we will use reasonable endeavours (but cannot guarantee) to despatch the Products on the following Business Day. In relation to orders received on a Saturday, Sunday or public holiday, we will use reasonable endeavours (but cannot guarantee) to despatch the Products on the following Business Day. 8.3We shall not be liable for any delay in delivery of the Products that is caused by an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date. 8.4Delivery will be completed when we deliver the Products to the address you gave us. 8.5All Products must be signed for at your address in order to take delivery.
8.6The Products will be your responsibility from the completion of delivery.
8.7It is your responsibility to check the order is complete and correct upon receipt. We must to be informed of any issue immediately, or the next working day, should the the delivery occur outside of normal opening hours.
8.8You own the Products once we have received payment in full, including all applicable delivery charges.
8.9Our delivery methods, charges and average delivery times are set out on our “checkout” page before you place an order with us.
9.1We deliver to all countries.
9.2If you order Products from our site for delivery to an address outside the United Kingdom, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
9.3You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
9.4You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
10.Price of products and delivery charges
10.1The prices of the Products will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However, if we discover an error in the price of Product(s) you ordered, please see clause 10.5 for what happens in this event.
10.2Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.
10.3The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
10.4The price of a Product does not include delivery charges. Our delivery charges are as quoted on our site from time to time. To check relevant delivery charges, please refer to our “checkout” page before you place an order with us.
10.5Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that: (a)where the Product's correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Products to you; (b)if the Product's correct price is higher than the price stated on our site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing; and (c)if a pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
11.How to pay
11.1You can only pay for Products using a debit card or credit card. We accept all cards, except American Express.
11.2Payment for the Products and all applicable delivery charges is in advance. We will not charge your debit card or credit card until we dispatch your order.
12.Our liability if you are a business This clause 12 only applies if you are a business customer.
12.1Nothing in these Terms limit or exclude our liability for: (a)death or personal injury caused by our negligence; (b)fraud or fraudulent misrepresentation; (c)breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or (d)defective products under the Consumer Protection Act 1987.
12.2Subject to clause 12.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for: (a)any loss of profits, sales, business, or revenue; (b)loss or corruption of data, information or software; (c)loss of business opportunity; (d)loss of anticipated savings; (e)loss of goodwill; (f)any indirect or consequential loss; (g)any loss arising in connection with the installation of any hair extension Product; or (h)any loss arising because you failed to follow our oral or written instructions as to the aftercare or maintenance of any Product (for written instructions, please refer to our Aftercare page) http://www.foxyhairextensions.net/aftercare-9-w.asp
12.3Subject to clause 12.1 and clause 12.2, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.
12.4Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
13.Our liability if you are a consumer This clause 13 only applies if you are a consumer.
13.1If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
13.2We only supply the Products to you for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13.3We have no liability to you for any loss arising in connection with the installation of any hair extension Product. You are advised to seek the assistance of a suitably qualified hairdresser to install any such product. Please do not attempt to install any hair extension Product yourself.
13.4We have no liability to you for any loss arising because you failed to follow our oral or written instructions as to the aftercare or maintenance of any Product (for written instructions, please refer to our Aftercare page http://foxyhairextensions.net/aftercare Please note: Foxy Hair Extensions will not be held responsible for hair that has been damaged due to the following reasons: Incorrrect Aftercare Products being used, Hair that has been coloured, this includes the use of 'blonde' shampoos, Hair that shows signs of heat damage ie sunbed use or the over use of heated appliances, Hair that has been worn while the client has been abroad, Hair that has been exposed to chlorine, Hair that has been snapped/broken due to lack of client care
13.5Subject to clause 13.6, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.
13.6We do not in any way exclude or limit our liability for: (a)death or personal injury caused by our negligence; (b)fraud or fraudulent misrepresentation; (c)any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); (d)any breach of the terms implied by sections 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and (e) defective products under the Consumer Protection Act 1987.
13.7If you have activated our hair guarantee and our aftercare instructions have been followed correctly, should any issues arise within one calander month from the date of purchase we will first endevour to diagnose the problem and advise you of possible resolutions, and request your issue in writting. However should a resolution not be found we will request sample strands (5-10 full strands with remaining bond attached) to be returned for testing. This should be returned alongside our fully completed Hair Testing Form which will be emailed to you. Should our terms and conditions have been met and the returned hair is deemed faulty by us, then we will replace only the hair purchased free of charge. No monetry option is available.
13.8In order to activate your guarantee you must have purchased the essential aftercare pack at the same time and on the same order as the extension hair.
13.9We will only deem the hair faulty if after testing it is found the hair is not cuticle correct.
14.Events outside our control
14.1We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 14.2.
14.2An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, 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, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
14.3If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract: (a)we will contact you as soon as reasonably possible to notify you; and (b)our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
15.Communications between us
15.1When we refer, in these Terms, to "in writing", this will include e-mail.
15.2If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing, you can send this to us by pre-paid post to Foxy Hair Extensions (NE) Limited at Unit 14D Airport Industrial Estate, Kingston Park, Newcastle upon Tyne, Tyne & Wear NE3 2EF, England, or by email to email@example.com. We will confirm receipt of this by contacting you in writing, normally by e-mail. If you are a consumer and exercising your right to cancel under clause 7, please see that clause 7 for how to tell us this.
15.3If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
15.4If you are a business, please note that any notice given by you to us, or by us to you, 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.
16.Other important terms 16.1We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
16.2You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
16.3This contract is between you and us. No other person shall have any rights to enforce any of its terms. If you are a consumer, we and you will not need the consent of the recipient of your gift of a Product to cancel or make any changes to these Terms.
16.4Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
16.5If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
16.6If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
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