Terms & conditions of sale
These terms and conditions ("Terms and Conditions of Sale") apply to all transactions for the sale of goods via this website. Please read through these Terms and Conditions of Sale carefully before proceeding with any transaction. Please note that your use of this website continues to be subject to our general Terms and Conditions which can be accessed by clicking here.
We reserve the right to make changes to these Terms and Conditions of Sale at any time without notice and it is your responsibility to re-read these Terms and Conditions of Sale prior to submitting each order. Any revised term shall take effect as at the date of its posting on this website.
This website is owned by Jemella Limited trading as "ghd" (CRN 04115691) whose principal place of business is at Unit 12, Ryefield Way, Silsden, West Yorkshire BD20 0EF (referred to as "we/our/us").
- Placing an Order
- Prices and Promotions
- Payment
- Delivery, Title and Risk
- Cancellations and Returns
- Intellectual Property
- Warranties and Liability
- Notices
- Waiver
- Severance
- Whole Agreement
- Interpretation
- Third Parties
- Governing Law and Jurisdiction
Placing an Order
- To place an order for a product via this website simply click on the image of the product you wish to purchase. This will provide you with further information on the product. If you are happy that it is the correct product, click on the "buy now" or "add to cart" button.
- You can continue shopping until your "shopping cart" contains the products you wish to purchase. Products can be removed from the "shopping cart" at any time and quantities of products can be increased and decreased as required, all by inserting the relevant information and clicking the "update cart" button.
- Once you have finished shopping, please click the "checkout" button where you will be asked to confirm your delivery address and your billing address. The method of delivery and payment are also specified.
- You will be shown an Order Confirmation screen which sets out the description, price and quantity of products ordered; the delivery and billing addresses; the payment method and total price payable. You have the opportunity to check and correct any input errors in your order up until the point at which you submit your order by clicking the "confirm order" button.
- After confirming your order you will be required to insert details of the credit or debit card you intend to use to pay for the products. Providing that such details are acceptable you will be taken to the Order Information page which sets out your order number; description, price and quantity of goods ordered; delivery and billing addresses; the method of payment and the total cost.
- All orders that you place via this website are subject to acceptance by us in accordance with clause 4.6. We reserve the right to withdraw any products from this website or not to accept your order for any reason and we will not be liable to you or to anyone else in such circumstances. Please note that the Order Information page referred to at clause 2.5 does not constitute acceptance by us of your order.
Prices and Promotions
- All prices and charges on this website are shown in UK pounds sterling. Prices include any Value Added Tax payable but exclude delivery charges. Delivery charges, if applicable, are set out on the Order Confirmation screen. We are not responsible for any other importation taxes, sales taxes or charges that may be levied at the delivery destination.
- Whilst we endeavour to ensure that all prices displayed on this website are accurate, errors may occasionally occur and products may be mispriced. In the event we become aware of an error in the pricing of a product, we will inform you of the same as soon as possible and confirm with you whether you wish to proceed with the order at the correct price or whether you wish to cancel your order. If we are unable to contact you for any reason, your order will be deemed cancelled. Any monies paid in respect of cancelled orders shall be refunded in full within thirty (30) days of cancellation.
- Where product prices are reduced as part of a sales promotion, such prices are valid for the specified period of the sales promotion only and will only apply to orders accepted within such period.
- We reserve the right to adjust product prices, offers, products and specifications of products available via this website at our discretion at any time prior to acceptance of your order.
Payment
- All orders for products placed via this website must be paid for utilising one of the following credit or UK debit cards: Mastercard; Visa Debit, Delta or Connect; Visa; Switch/UK Maestro; Solo; JCB or American Express.
- Payment for products ordered will be debited from your account when your order is placed.
- The total cost of your order is the price of the products, plus card processing and delivery charges as set out in the Order Confirmation screen. All credit card payments are processed for you by SECPay Ltd. You pay to them a fee of 10p out of the total transaction amount. The balance is paid to us.
- You confirm that the credit or debit card that is being used for the purchase of products via this website is yours. All credit or debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment for any reason we will not accept your order and we will not be liable for any delay or non-delivery as a consequence. We are not obliged to inform you of the reason for the refusal.
- We shall not be responsible in the event your card issuer and/or bank charge you as a result of our processing your credit or debit card payment in accordance with your order.
- Acceptance of your order and the formation of a contract between us will take place when payment of the cost of the products ordered has been authorised by your credit or debit card issuer and we have emailed you with confirmation of your order ("Email Confirmation"). The Email Confirmation will confirm your order number; description, price and quantity of products ordered; delivery and billing addresses; the method of payment and cost. The Email Confirmation also sets out a predicted period for delivery of the ordered products.
- Products are subject to availability. If, for any reason after acceptance of your order, we are unable to supply you with the products ordered within the predicted delivery period, we will inform you of this as soon as possible whereupon you will be given the option to cancel your order with a full refund.
Delivery, Title and Risk
- Products purchased via this website may be delivered throughout the world. Orders will be delivered to the address as specified in your order and we cannot be held responsible if this delivery address is incorrect.
- Where the value of any order exceeds £40 (forty pounds sterling) delivery will be made by way of Royal Mail Special Delivery and/or courier. In all other cases, delivery will be by means of first class post.
- The time period specified by us in the Email Confirmation for the delivery of your order is approximate only. Whilst we will use our reasonable endeavours to fulfil delivery of your order within such time period we cannot accept any liability for late deliveries which are due to circumstances outside of our reasonable control.
- Ownership of the products ordered shall pass to you once we receive payment in full for the same. Risk of damage to, or loss of, the products shall pass to you once you are in receipt of the products. If you intend to cancel your order in accordance with clause 6, you must keep reasonable care of the products pending their return to us.
Cancellations and Returns
- If you wish to cancel your order, you may do so at any time up to and including seven (7) working days from receipt of the products. Any cancellation must be communicated to us in writing.
- Upon cancellation of your order, all products must be returned to us immediately and in any event within fourteen (14) days. Such return is at your own risk and (subject to clause 6.5) at your own cost. We would recommend that products be returned by way of Royal Mail Special Delivery and/or courier to verify receipt by us. Please note that where you intend to or have cancelled your order, you are under a duty to maintain the products in the same condition as you received them. For the avoidance of doubt, any products which have been used and/or tampered with will not be deemed to be in the same condition for the purposes of this clause 6.2.
- Save as set out at clause 6.4, all monies paid by you in respect of the products purchased under the cancelled order shall be refunded to your credit or debit card within thirty (30) days of notice of cancellation being given.
- Where you fail to return the products in accordance with clause 6.2, we shall be entitled to deduct from any refund given in accordance with clause 6.3 the costs incurred by us in the recovery of such products from you.
- You will not be responsible for the cost of returning products to us if they are faulty or defective or not as specified in your order. In these circumstances, all reasonable postage costs incurred by you will be refunded by us.
- When cancelling orders or returning products please specify the reason for return. In addition, please enclose any delivery note with the returned products.
- The Cancellation and Returns provisions within these Terms and Conditions of Sale do not affect your statutory rights as a consumer.
Intellectual Property
- Any and all intellectual property rights in and in connection with the products as between you and us remain the sole property of Jemella Limited trading as "nu:u".
Warranties and Liability
- We warrant that at the time of delivery the products will be of satisfactory quality, conform in all material respects with the description given on this website, and be fit for their purpose. Save for the generally accepted purpose of the products sold via this website, no specific purpose has been identified by you.
- Save as expressly provided in these Terms and Conditions of Sale, all warranties, conditions and other terms implied by statute are excluded to the fullest extent permitted by law.
- You must notify us in writing of any claim which is based on any defect in the quality or condition of the products or their failure to correspond with their specification and/or description within seven (7) working days of the date of delivery or (where the defect or failure is not apparent upon reasonable inspection) within a reasonable time after discovery of the defect or failure. For the avoidance of doubt, we shall not be liable for any defect arising out of the fair wear and tear of the products, any wilful damage to the product, your negligence or abnormal use of the product or use contrary to the instructions.
- Except in respect of fraud by Jemella Limited whether trading as "nu:u" or otherwise or of death or personal injury caused by our negligence:
- Our entire liability to you or any person whatsoever for any losses, claims, action or damage, whether direct or indirect, consequential or otherwise, arising out of or in connection with the sale and supply of products via this website and/or under or in connection with the contract formed between you and us in accordance with clause 4.6 is limited to the price paid by you for the products;
- Any and all other liability of whatsoever nature howsoever arising is excluded to the maximum extent permitted by law.
Notices
- Any notice required to be given under these Terms and Conditions of Sale shall in respect of us be delivered personally or sent by first class mail to Unit 12, Ryefield Way, Silsden, West Yorkshire BD20 0EF and in respect of you shall be sent by email or first class post to those addresses specified in your account details.
Waiver
- No failure or delay by either party to enforce at any time any one or more of the terms of these Terms and Conditions of Sale shall be a waiver by the said party of the term or right therein or prevent that party at any time subsequently from enforcing all the terms of these Terms and Conditions of Sale. The rights and remedies provided herein are cumulative and not exclusive of any rights and remedies provided by law.
Severance
- If any provision or term of these Terms and Conditions of Sale shall become or be declared in conflict with law or public policy or otherwise illegal invalid or unenforceable for any reason whatsoever such term or provision shall be divisible from these Terms and Conditions of Sale and shall be deemed to be deleted from these Terms and Conditions of Sale.
Whole Agreement
- These Terms and Conditions of Sale form the entire basis of any contract formed between you and us.
Interpretation
- In these Terms and Conditions of Sale where the context admits:
- references to any other document mean such document as amended varied or supplemented from time to time;
- references to clause(s) are references to clause(s) of these Terms and Conditions of Sale;
- reference to the singular include the plural and to the masculine include the feminine.
- The headings and sub-headings are inserted for convenience only and shall not affect the construction of these Terms and Conditions of Sale.
Third Parties
- These Terms and Conditions of Sale do not create or infer any rights under the Contracts (Rights of Third Parties) Act 1999 which are enforceable by any person who is not a party to any contract which is formed in accordance with these Terms and Conditions of Sale.
Governing Law and Jurisdiction
- These Terms and Conditions of Sale shall be governed by and construed in accordance with English law and the parties agree to submit to the exclusive jurisdiction of the courts of England.
Contacting Us
- If you have any questions or comments about this Data Protection and Privacy Policy or any other aspect of this website, please contact:
Nicki Milner
ghd
Unit 12
Ryefield Way
Silsden
West Yorkshire
BD20 0ES
+44 (0) 845 330 1133
ghd-online@ghdhair.com
