Terms & Conditions
Last Updated: April 2012
This website at www.ghdhair.com, including any discussion forums contained on the website (“Site”) is operated by Jemella Limited (trading as ghd), a company incorporated in [the Republic of Ireland] (registered number 4115691) with its registered address at Bridgewater Place, Water Lane, Leeds, LS11 5BZ, (collectively, “ghd” or “we/us/our”). ghd may be contacted at the above address.
We appreciate your interest in the products and services on the Site and your visit to the Site.
Using the Site
If you have any queries regarding the Site or any of the information or materials contained on or in it, please contact us by email at [email@example.com] or by telephone on [+44 (0) 845 330 1133].
2. Terms of Sale, Registration, Accounts and Passwords
2.2 Accessing certain services on the Site may require registration and the creation of an account. Please ensure that the details you provide upon registration or at any time are complete and accurate, and inform us immediately of any changes to the details you provided when registering. You will not be able to create an account unless you are at least 16 years of age.
2.4 We reserve the right to suspend or terminate your use of the Site at any time, for any reason, without prior notification.
3. Intellectual Property
3.1 We are the owner or the licensee of all copyright, design rights, database rights, trademarks and other intellectual property rights in this Site, and in the material published on it. Your use of the Site grants no rights to you in relation to our intellectual property rights or the intellectual property rights of third parties. All such rights not expressly granted are reserved.
3.2 You may access this Site only to participate in the Site or make Contributions (as defined below) or to place an order for Products. Any other use is prohibited unless agreed to by us in writing. You agree not to change or delete any ownership notices from materials downloaded or printed from the Site.
3.3 You may not modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, display, post, transmit or sell any content or intellectual property appearing on this Site.
4. Links to third party websites and restrictions
4.1 The use of third party websites is entirely at your own risk. Links contained in the Site will lead to other websites not under our control, and we accept no liability for the content of any linked site or any link contained in a linked site. Links provided on the Site are provided to you only as a convenience and the inclusion of any link does not imply reliability and endorsement by us of the content of any third party’s website.
4.3 You are not entitled (nor will you assist others) to set up links from your own websites to the Site (whether by hypertext linking, deep-linking, framing, toggling or otherwise) without our prior written consent, which we may grant or withhold at our absolute discretion.
4.4 You agree that when accessing the Site you shall not price scrape or harvest pricing either manually or by use of a web spider, web robot or any other web crawling or other technology.
5. User Review and Contributions
5.1 Users of the Site may submit product reviews, profiles, images, portfolios, videos, instructions, comments, questions, feedback, ideas, suggestions or other information or materials via the Site or otherwise (collectively “Contributions”), so long as such Contributions comply with our contribution standards, set out below in clause 5.2 (“Contribution Standards”).
5.2 Contribution Standards
5.2.1 These standards apply to any and all material which you contribute to this Site, and to any interactive services associated with it including our Salon & Stylist Feed. You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
5.2.2 Contributions must:
22.214.171.124 be accurate (where they state facts);
126.96.36.199 be genuinely held (where they state opinions); and
188.8.131.52 comply with applicable law in the Republic of Ireland.
5.2.3 Contributions must not:
184.108.40.206 contain any material which is defamatory of any person, obscene, offensive, hateful or inflammatory;
220.127.116.11 promote sexually explicit material;
18.104.22.168 promote discrimination based on race, gender, religion, civil status, family status, disability, sexual orientation, age or membership of the Traveller Community;
22.214.171.124 advocate, promote or assist any illegal act, including, but not limited to, violence or computer misuse or the infringement of the intellectual property rights of any other person;
126.96.36.199 be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
188.8.131.52 be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other person;
184.108.40.206 be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity or affiliation with any person; or
220.127.116.11 give the impression that they emanate from us, if this is not the case.
5.3.1 immediate, temporary or permanent withdrawal of your right to use this Site;
5.3.2 immediate, temporary or permanent removal of any posting or material uploaded by you to this Site;
5.3.3 issue of a warning to you;
5.3.4 legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
5.3.5 further legal action against you; and
5.3.6 disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
5.4 Any Contributions shall be and remain our property, and by making a Contribution to the Site you agree to assign to us all worldwide rights, title and interest in all intellectual property in your Contributions. Thus, we will own exclusively all such rights, title and interests in any Contributions, and shall not be limited in any way in its use, commercial or otherwise, of any Contributions. We are and shall be under no obligation to maintain any Contributions in confidence, to pay any compensation or royalty for any Contributions, or to respond to any Contributions.
6. Disclaimer of liability
6.1 Whilst we have taken all reasonable steps to ensure the accuracy and completeness of the information on this Site, it is provided on an “as is” basis and we give no warranty and make no representation regarding the accuracy or completeness of the content of this Site. Further, no warranty is given that the Site shall be available on an uninterrupted basis, and no liability can be accepted in respect of losses or damages arising out of such unavailability.
6.2 Access to and use of this Site is at the user’s own risk and we do not warrant that the use of this Site or any material downloaded from it will not cause damage to any property, including but not limited to loss of data or computer virus infection. We accept no liability for viruses or other computer contaminants. You are recommended to take all appropriate safeguards (such as installing appropriate anti-virus software) and firewalls before downloading information or images from the Site.
6.3 Subject to clause 6.5 below, we shall not be liable to you for any of the following (whether or not we were advised of, or knew of, the possibility of such losses) whether arising from any claim arising out of or in connection with the use of the Site, including without limitation, under any tort, including negligence, for breach of contract, for misrepresentation (other than fraudulent misrepresentation), intellectual property infringement or under any statute or otherwise:
6.3.1 any indirect, special or consequential losses;
6.3.2 any losses or damages arising out of changes made to the content of this Site by unauthorised third parties;
6.3.3 any loss of business, data, profits, revenue, goodwill, use or anticipated savings;
6.3.4 loss or damage to your, or any third party’s, data or records;
6.3.5 any actions taken in response to breaches of the Contribution Standards set out in clause 5.3 above; or
6.5 We do not seek to exclude or limit our liability to you for:
6.5.1 death or personal injury caused by our negligence;
6.5.2 fraud or fraudulent misrepresentation;
6.5.3 any terms implied under the Sale of Goods and Supply of Services Act, 1980;
6.5.4 any liability arising under the Consumer Protection Act 2007; or
6.5.5 any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
Competitions or other promotional features which may be made available through this Site from time to time may also have specific terms and conditions. You will need to read and accept these before making a submission.
Bridgewater Place, Water Lane, Leeds, LS11 5BZ
IMPORTANT: YOUR ATTENTION IS DRAWN TO CONDITIONS 2.1, 6.3 and 10.
1.1 The definitions and rules of interpretation in this condition apply in these terms and conditions (Conditions):
Contract means the contract between You and Us for the sale of the Products and which incorporates these Conditions, the Order, the Order Confirmation and the Website and Retail Charter;
Confidential Information means any and all information provided by either party under the Contract that is either (i) marked as being confidential (or in the case of verbal discussions is later confirmed in writing to be confidential) or (ii) information (however communicated) that is of a type that the other party could reasonably have been expected to know that the information was confidential;
Delivery Location means the place where delivery of the Products is to take place under the Contract, as set out in the Order;
Order means any order made by You for Our Products through Our website at www.ghdhair.com;
Order Confirmation means Our written confirmation of the Order, incorporating these Conditions;
Price means the price payable by You for the Products, as notified by us;
Products means any goods to be supplied to You by Us under the Contract;
We, Our, Ours means Jemella Limited trading as 'ghd' (Company No: 4115691), a company incorporated in England and Wales whose registered office is at Bridgewater Place, Water Lane, Leeds, LS11 5BZ;
Website and Retail Charter means the Website and Retail Charter, a copy of which We can provide You, which is entered into by both You and Us if You intend to resell Our Products; and
You, Your, Yours means the person(s), firm or company who purchases the Products from Us.
1.2 Unless a contrary intention appears:
1.2.1 the masculine includes the feminine and the singular includes the plural, and vice versa;
1.2.2 a reference to any statute, enactment, order, regulation or other similar instrument shall be construed as a reference to the statute, enactment, order, regulation or instrument as amended by any subsequent statute, enactment, order, regulation or instrument or as contained in any subsequent re-enactment thereof;
1.2.3 headings are for ease of reference only and shall not affect the interpretation or construction of these Conditions;
1.2.4 any lists or examples following the word "including" shall be interpreted without limitation to the generality of the preceding words;
1.2.5 references to Conditions are, unless otherwise provided, references to clauses of these Conditions;
1.2.6 references to "writing" shall include facsimile and email.
2 FORMATION OF CONTRACT
2.1.1 Subject to Condition 2.3, the Contract shall be on these Conditions to the exclusion of all other terms and conditions (including any terms or conditions which You purport to apply under any purchase order, confirmation of order or other document).
2.1.2 Except as otherwise provided in these Conditions, all other terms, conditions, warranties and representations (whether oral or in writing) are excluded from the Contract between Us and You. These Conditions supersede any and all prior promises, representations, undertakings or implications.
2.1.3 No statement, illustration or drawing in any circular, advertisement, trade literature or other such communication shall be deemed to imply any representation, warranty or condition. Any such statement, illustration or drawing is for guidance purposes only and shall not form part of the Contract.
2.2 No terms or conditions endorsed on, delivered with or contained in an Order, specification or other document shall form part of the Contract simply as a result of such document being referred to in the Contract.
2.3 No variation to these Conditions shall have effect unless agreed in writing by one of Our directors.
2.4 Each Order shall be deemed to be an offer by You to purchase the Products from Us, subject to these Conditions.
2.5 No Order placed by You shall be deemed to have been accepted by Us, and no Contract shall be formed, until an Order Confirmation has been issued by Us.
3 WEBSITE AND RETAIL CHARTER
The Website and Retail Charter contains provisions relating to the use of Our brand for the Products. You shall comply with the Website and Retail Charter and shall act in accordance with the provisions contained therein.
4.1 Unless agreed otherwise in writing by Us, all Prices are on ex works basis.
4.2 The Price is shown in UK pounds sterling.
4.3 Unless otherwise stated, the Price is exclusive of Value Added Tax which shall be added at the appropriate rate when We take Your payment for the Products You Ordered. If You require Us to deliver to a Delivery Location which is not within the UK, You are responsible for any importation taxes, sales taxes or other charges which may be levied at that Delivery Location. Additionally, please note that when ordering from www.ghdhair.com, You are considered the importer of record and must comply with all laws and regulations of the country in which You are receiving the goods.
4.4 We have the right to vary the Price of the Products from time to time on reasonable notice to You but We shall not exercise our right to vary the Price of the Products after We have issued an Order Confirmation.
4.5 Whilst We endeavour to ensure that all Prices displayed on Our website are accurate, errors may occasionally occur. We shall inform You as soon as We become aware of an error in the pricing of a Product. In that event, We shall also request Your confirmation 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 30 days from the date of cancellation.
The Price shall be due and payable by You in full and cleared funds at the time You place Your Order, unless otherwise agreed in writing by Us, and the time of payment shall always be of the essence of the Contract.
6.1 Delivery of the Products shall take place at the Delivery Location. It is Your responsibility to ensure that the address of the Delivery Location is accurate. We shall not be responsible if this Delivery Location is incorrect.
6.2 Next day delivery is guaranteed in respect of Your Order if:
6.2.1 the Delivery Location is situated in the UK; and
6.2.2 Your Order is received before  pm GMT the preceding day; and
6.2.3 there is sufficient stock for Us to fulfil Your Order. We shall try to inform You, as soon as it is reasonable to do, if We find out that there is insufficient stock to fulfil Your Order. As a gesture of good will, We shall nevertheless try to deliver that part of Your Order which is in stock first, and then fulfil rest of Your Order when stock is in. However, We cannot fulfil the above commitments for any reason, this shall not entitle You to terminate this Contract.
6.3 Delivery times or dates in respect of deliveries outside the UK are estimates only and are not guaranteed.
6.4 The time for delivery shall not be of the essence of the Contract.
6.5 We shall be entitled to deliver the Products in separate instalments. Any delay or failure by Us to deliver, or any claim by You in respect of any one or more of the instalments in accordance with these Conditions, shall not entitle You to treat the Contract as a whole as repudiated.
6.6 We reserve the right, at Our sole option, to cancel or withhold the delivery of any Products, in whole or in part:
6.6.1 until receipt of Your payment for the Products;
6.6.2 if any of the events at Condition 11.1 occur.
6.7 On delivery of the Products, You shall check the Products against the delivery note. We shall not be liable for any damage, destruction, breakage or shortage of the Products delivered to You, unless You give Us notice of such damage, destruction, breakage or shortage within forty-eight (48) hours of the date of delivery. Risk in the Products shall pass to You on delivery.
6.8 If, for any reason, You fail to take delivery of any of the Products on the date of delivery, or We are unable to deliver the Products because You have not provided appropriate instructions, documents, licences or authorisations, We may store the Products until delivery at a later date, at Your cost (including but not limited to storage and insurance costs). If You fail to take delivery of the Products within fourteen (14) days following the date of the first attempted delivery, We may rescind the Contract and sell the Products to a third party.
6.9 Subject to the other provisions of these Conditions, We shall not be liable for any direct, indirect or consequential loss, including but not limited to, loss of profit, costs, damages, charges or expenses caused by any delay in the delivery of the Products (even if caused by Our negligence). Delay in delivery of the Products, howsoever arising, shall not entitle You to terminate the Contract.
7.1 We shall not be liable for any non-delivery of Products unless You give Us written notice within seven (7) days of receipt of Our advice of despatch.
7.2 Our liability for non-delivery of the Products shall be limited, at Our sole discretion, to:
7.2.1 delivering the Products within a reasonable time; or
7.2.2 issuing a credit note against any invoice raised for such Products, at the pro rata Contract rate based on the quantity of the Products which have not been delivered; or
7.2.3 refunding at the pro rata Contract rate the price paid for the quantity of the Products which have not been delivered;
and this shall be Your sole and exclusive remedy in relation to such non-delivery.
8 RISK AND TITLE
8.1 The Products are at Your risk from the time of delivery in accordance with Condition 6.7 above.
8.2 Notwithstanding Condition 8.1 above, the legal and beneficial ownership of the Products shall not pass to You until We have received in full and in cleared funds:
8.2.1 all sums due to Us in respect of the Products; and
8.2.2 all other sums due or becoming due to Us from You.
8.3 Until ownership of the Products has passed to You, You must:
8.3.1 hold the Products on a fiduciary basis as Our bailee;
8.3.2 store the Products, at no cost to Us, separately from other products belonging to You so they remain readily identifiable as Our property;
8.3.3 not destroy, deface or obscure any identifying mark or packaging on or relating to the Products;
8.3.4 maintain the Products in satisfactory condition, insured on Our behalf for their full price against all risks to Our satisfaction;
8.3.5 hold the proceeds of the insurance referred to in Condition 8.3.4 on trust for Us and not mix them with any other money nor pay the proceeds into an overdrawn bank account,.
8.4 In respect of Products of which ownership has not passed to You:
8.4.1 You may resell the Products, solely on the following conditions:
(a) any sale shall be effected in the ordinary course of Your business at full market value; and
(b) any such sale shall be deemed to be a sale of Our property on Your own behalf and You shall deal as principal when making such a sale[; and
(c) You shall remain liable to Us in respect of the Price of the Products which You have resold]; and
8.4.2 We shall be entitled to:
(a) recover payment for the Products notwithstanding that ownership of the Products has not passed from Us;
(b) in the following circumstances, require You to deliver up the Products to Us, and if You fail to do so forthwith, We may recover the Products:
(i) if You commit any material breach of any of Your obligations under these Conditions; or
(ii) if any of the events at Condition 11.1occur.
8.5 You hereby grant Us, Our agents, sub-contractors and employees an irrevocable licence at any time to enter premises where the Products are or may be stored, to inspect these Products, or where Your right to possession has terminated, to recover these Products.
8.6 Where We are unable to determine whether Your right to possession has terminated in respect of any Products, You shall be deemed to have sold all Products in the order in which We invoiced such Products to You.
8.7 On termination of the Contract, howsoever arising, Our rights, but not Yours, under this Condition 8 shall remain in full force and effect.
9 FAULTY PRODUCTS
9.1 In the event that any Products are found to be faulty within the earlier of twenty-four (24) months:
9.1.1 of the date You purchased the Products for Your own use; or
9.1.2 of the date of the sale by You to an end user (if You purchased the Products not as an end user);
and such date of purchase or sale, whichever is appropriate, is duly evidenced to Our satisfaction by the provision of a copy of the relevant proof of purchase or sale, You shall be entitled to return such Products to Us, in such pre-paid delivery bags as We may provide from time to time on Your request.
9.2 In the event that We reasonably consider any Product returned in accordance with Condition 9.1 is:
9.2.1 not faulty; or
9.2.2 damaged or otherwise caused to be unworkable as a result of any of Your actions and/or that of the end user of the Product;
We may at Our sole discretion, return the same to You [and We reserve the right to require You to reimburse Us for Our reasonable expenses in examining and returning such Products to You]. We shall have no further obligations to You in respect of these Products.
9.3 Subject to Conditions 9.1 and 9.2, We shall, at our absolute discretion:
9.3.1 repair or replace faulty Products; or
9.3.2 refund the price of faulty Products, based on the quantity of the Products which are faulty, pro rata to the Price paid under the Contract.
10 LIMITATION OF LIABILITY
10.1 Nothing in these Conditions excludes or limits Our liability for death or personal injury caused by Our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be restricted by law.
10.2 Save as provided by Section 12 of the Sale of Goods Act 1979 and in these Conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
10.3 Subject to Condition 10.1:
10.3.1 Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise, arising in connection with or under the Contract shall be limited to the Price payable for the Products under the Contract; and
10.3.2 We shall not be liable in contract, tort (including negligence), statutory duty or otherwise howsoever for any claim, damage, loss or costs in respect of (whether direct or indirect):
(a) loss of profit;
(b) loss of use;
(c) loss of anticipated contracts and/or savings;
(d) loss of goodwill;
(e) loss of opportunity;
(f) loss of business and/or business interruption; or
(g) any indirect loss or consequential or special loss or damage;
and both You and We hereby acknowledge that each type of loss under this Condition 10.3.2 shall be severable in accordance with Condition 14.2.
10.4 We shall also not be liable for, and You shall indemnify and keep indemnified Us against, any and all actions, awards, proceedings or claims, complaints, costs, expenses (including legal expenses and disbursements), penalties, damage or loss arising by reason of the sale and/or use of the Products after You become aware of any defect in the Products, or after circumstances have occurred which should reasonably have indicated to You of the existence of a defect in the Products.
11.1 If You purchase the Products as a consumer, within the meaning of the Consumer Protection (Distance Selling) Regulations 2000, You have a right to cancel this Agreement within seven working days beginning with the day after the day on which this Agreement is concluded. If You wish to cancel the Agreement, You must let Us know in writing by letter, fax or email and comply with Our returns policy as shown here. We shall provide you with a full refund of the Price paid within 30 days from the date on which You give Us notice of cancellation.
11.2 We are entitled to terminate the Contract immediately on written notice if:
11.2.1 You fail to observe or perform any of Your obligations under the Contract; or
11.2.2 (being an individual or partnership):
(a) You suspend, or threaten to suspend, payment of Your debts, or are unable to pay Your debts as they fall due, or admit Your inability to pay Your debts, or are deemed either unable to pay Your debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986;
(b) You make or propose to make an arrangement or composition with Your creditors, or otherwise take the benefit of any statutory provision for the time being in force for the relief of insolvent debtors;
(c) You are or propose to become the subject of a bankruptcy petition or order;
(d) You die or, by reason of illness or incapacity (whether mental or physical), are incapable of managing Your own affairs or become a patient under any mental health legislation;
11.2.3 (being a company):
(a) You are, or We reasonably consider You to be, unable to pay Your debts when they fall due, as defined in Section 123 of the Insolvency Act 1986;
(b) You make or propose to make any arrangement or composition with Your creditors or make an application to a court of competent jurisdiction for the protection of Your creditors in any way;
(c) a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with Your winding up;
(d) an application is made to court, or an order is made, for the appointment of an administrator, or if a notice of intention to appoint an administrator is given or if an administrator is appointed over You;
(e) a floating charge holder over Your assets has become entitled to appoint or has appointed an administrative receiver;
(f) a person becomes entitled to appoint a receiver over Your assets or a receiver is appointed over Your assets;
11.2.4 You suffer actions analogous to those described in Conditions 11.2.2 and/or 11.2.3 in any jurisdiction;
11.2.5 We, acting reasonably, have serious doubts as to Your solvency;
11.2.6 any distraint is levied against You or Your property by any third party;
11.2.7 You cease, or threaten to cease, to carry on all or a substantial part of Your business; or
11.2.8 You are late in paying, or do not pay, any monies due to Us from You.
12.1 Each party shall, and shall procure that their employees, agents, representative and sub-contractors shall, keep secret and not disclose any Confidential Information in relation to the other party obtained by reason of the Contract, except information that is in the public domain.
12.2 The obligations under Condition 12.1 will not apply to the extent that the Confidential Information (based on documentary evidence):
12.2.1 is already publicly known at the time it is disclosed to the receiving party;
12.2.2 later becomes publicly known other than as a result of a breach by the receiving party of Condition 12.1;
12.2.3 was already known to the receiving party before it was disclosed;
12.2.4 is required to be disclosed by the receiving party by a court order or statutory law, provided that the receiving party will inform the disclosing party as soon as possible of any such obligation to disclose;
provided always that if the receiving party is seeking to rely upon any of the exceptions set out above then the Confidential Information shall not be deemed to be within one of the exceptions merely because it is in more general information within such exceptions. In addition, any combination of features disclosed will be deemed to be within the public domain only if both the combination itself and its use fall within the exceptions.
12.3 This Condition 12 shall apply during the continuance of the Contract and after its termination howsoever arising.
13 FORCE MAJEURE
We reserve the right to defer the date of delivery of the Products or to cancel the Contract without liability to You, and We shall not be liable for any failure to meet Our obligations under the Contract if We are prevented from, or delayed in, the carrying on of Our business due to circumstances beyond Our reasonable control, including, but not limited to, acts of God, governmental actions, war or national emergency, acts of terrorism, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, snow, explosion, flood, storm, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to Our workforce), failure of a utility service or transport network, or restraints or delays affecting carriers or inability or delay in obtaining supplies or adequate or suitable materials, or other similar events.
14.1 You expressly acknowledge and agree that, in entering into the Contract, You do not rely on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to the Contract or not) relating to the subject matter of the Contract, other than as expressly set out in the Contract.
14.2 If any provision of the Contract or these Conditions is held invalid, illegal or unenforceable by any court of competent jurisdiction, such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if the Contract had been executed with the invalid, illegal or unenforceable provision eliminated.
14.3 Each of Our right or remedy under the Contract is without prejudice to any other rights or remedies belonging to Us, whether under the Contract or not.
14.4 Any failure or delay by Us in enforcing or partially enforcing any of Our rights or remedies under the Contract shall not be construed as a waiver of any of Our rights under the Contract and shall not prevent Us from later reasserting such rights or remedies.
14.5 Any notice or other communication given under these Conditions shall be in writing and shall be served by delivering it personally or sending it by pre-paid recorded delivery or registered post or fax or email to Our registered office and Your address, as set out in the Contract, or such other address as shall be notified by each party to the other from time to time.
14.6 Any such notice shall be deemed to have been received:
14.6.1 at the time of delivery, if personally delivered; or
14.6.2 forty-eight (48) hours from the date of posting in the case of pre-paid recorded delivery or registered post; or
14.6.3 at the time of transmission, if sent by fax; or
14.6.4 at the time the email is available to be read in the recipient's in-box, if sent by email;
but if notice is not received within business hours (meaning 9 am to 5 pm Monday to Friday, except a public holiday in the place of receipt), the notice shall be deemed to have been received when business next starts.
14.7 Except as otherwise provided in these Conditions or the Contract, a person who is not a party to the Contract shall have no rights pursuant to the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Conditions or the Contract.
14.8 You shall not be entitled to assign, sub-contract or otherwise dispose of the Contract or any part of it without Our prior written consent.
14.9 We may assign or sub-contract all or any part of Our obligations under the Contract to any person, firm or company.
14.10 The formation, existence, construction, performance, validity and all aspects of the Contract shall be governed by, and construed in accordance with, English law and both You and We submit to the exclusive jurisdiction of the English courts.
14.11 If You have any comments, questions or requests regarding the Products, please contact Us at Unit 12, Unit 12, Ryefield Way, Silsden, West Yorkshire BD20 0EF, telephone 0845 330 1133 (if You call from within the UK) or +44 1535 651 500 (if You call from outside the UK) or via the internet at the form provided here: http://www.ghdhair.com/uk/customer-care/contact-us.
15.1 All promotions, discounts or promotional codes available for redemption on ghdhair.com, cannot be used in conjunction with any other offer.
15.2 Only one promotional code can be used per order.
15.3 A promotional code cannot be applied to an order after the order has been placed.
Jemella Limited (trading as ghd) – Privacy and Cookies Policy
Last updated: April 2012
We regard the privacy of our users as very important and any personal information which you provide to us will be dealt with in accordance with this Privacy and Cookies Policy. This Privacy and Cookies Policy sets out how we use and protect any personal information that you give us when you use this Site. If you have any questions about this policy or do not agree with it, please contact us by e-mail at firstname.lastname@example.org or on +44 845 330 1133 before using this Site.
We may change this Privacy and Cookies Policy from time to time by updating this page. You should revisit this page from time to time to re-read this Privacy and Cookies Policy and ensure you are happy with any changes. This Privacy and Cookies Policy is effective from [April] 2012.
What personal information do we collect?
In general, and unless you register with us and create an account, you can use this Site without giving us any personal information. However, we may gather certain (non-personal) information such as records of your activity on the Site without you registering with us and giving us personal information.
Additional services may be available if we have certain information about you and we will collect certain information from you when you register with us. We may collect and use the following information:
- your name and contact information (including postal address, e-mail address and telephone number) and any other contract details you provide to us;
- financial information including card payment details;
- information that you provide when you register and create an account with us;
- information provided by salons when you purchase a ghd product from that salon,
- information you provide if you report a problem with our Site;
- records of any orders for products and/or services that you place through the Site;
- records of any correspondence when you contact us;
- records of any ghd competitions or promotions that you enter; and
- details of your visits to the Site including, but not limited to, traffic data, location data and communication data and the resources that you access.
What do we do with the personal information we collect?
We use your personal information to provide you with a better service, and in particular for the following reasons:
- to facilitate use of the products and services we may provide to you;
- to process and collect payments from you where you purchase products from the Site
- internal record keeping;
- to improve our products and services;
- to improve and personalise your experience when you visit the Site;
- to advertise certain products which we think you might be interested in to you when you visit the Site or other external sites;
- to communicate with you by e-mail, telephone or post if you have ordered or purchased products from us, either regarding the order or purchase or other matters regarding transactions between us or your customer relationship or account (if you have one) with us;
- to contact you regarding any specific enquiry you make;
- statistical analysis;
- to contact you by e-mail, telephone or post in order to share information with you about products, services, promotions and events which we believe may be of interest to you or to request your feedback on our products and services from time to time;
- to carry out direct marketing or e-mail marketing; and
- to contact you for market research purposes, if you have not objected to such use.
Whom do we share this information with?
Your personal information will be used for the above purposes by relevant staff in ghd and by those who support them in their roles. It will also be made available to our authorised service providers who work with us and who perform certain services on our behalf e.g. providing IT support and maintenance, providing customer services, providing hosting services, providing marketing services and providing online payment services. These service providers may have access to personal information needed to perform their functions on our behalf but are not permitted to share or to use such information for any other purpose. ghd may also share limited personal information with other companies within the ghd group of companies e.g. to the extent needed for proper management and parental analysis and decision making.
ghd may also disclose your personal data:
- In response to a court order, or a request for cooperation from a law enforcement or other government agency; to establish or exercise its legal rights; to defend legal claims; or as otherwise required or permitted by applicable laws and/or regulations;
- When ghd believes that disclosure is appropriate in connection with efforts to investigate, prevent, or take action regarding illegal activity, suspected fraud, or other wrongdoing; to protect and defend the rights, property or safety of ghd, its customers, staff, suppliers or others; to comply with applicable law or co-operate with law enforcement; or to enforce its terms or other agreements; and
- To prospective or actual buyers in the event that ghd sells any of its business or assets.
Other than as set out above, we will not transfer, disclose, sell, distribute or lease your personal information to third parties unless we have your permission to do so or are otherwise required or permitted to do so by law.
Direct marketing and your preferences
ghd and (if you agree to our sharing your personal information with them) other members of the ghd group of companies may wish to provide you with information about new products, promotions, special offers and other which may be of interest to you and invite you to take part in market research. This communication may occur by post (unless you have asked us not to do so) and if you agree, by telephone, email or SMS.
ghd will ensure that any direct marketing or market research that you receive or are contacted about by electronic means will provide a simple means for you to refuse further marketing. For example, in emails it may provide you with an ‘unsubscribe’ link, or an email address to which you can send an opt-out request. ghd and members of the ghd group of companies will stop any marketing to which you object or withdraw your consent to within a reasonable period, in order to allow sufficient time for the change to be administered. You can change your mind at any time about marketing by informing ghd using the contact details set out at the top of this notice. In such cases ghd would not necessarily remove all your personal data from its database(s) but would note and respect your changed direct marketing preferences.
How to get copies of or amend the information we have collected
You may request details of personal information which we hold about you under the Data Protection Acts 1988 and 2003 at any time. A small fee will be payable to cover our administration costs, which is currently €6.35. If you would like a copy of the information held on you please contact us at ghd, Bridgewater Place, Water Lane, Leeds, LS11 5BZ enclosing a cheque or postal order for €6.35 made payable to Jemella Limited.
If you believe that any information we have about you is incorrect or incomplete, please write to or e-mail us as soon as possible. We will correct or update any information as soon as possible.
Alternatively, you may correct any inaccuracies in the information you have provided to us by signing in to your online account.
Security and storage
Please remember that the internet is not a secure medium. Communications over the internet such as e-mails are not secure unless they have been encrypted.
We have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online. We use industry standard encryption technologies when collecting or transferring customer credit card information exchanged with our Site server - all your card details are passed from your browser to our secure payment gateway using secure sockets layer (SSL) encryption. Our payment gateway provider use secure sockets layer (SSL) encryption system. All other information transferred is conducted through a secure connection.
Where we have given you (or where you have chosen) a password which enables you to access certain parts of the Site, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. All information provided through the Site, telephone, catalogue and in store is stored on servers located in the European Economic Area (EEA). It will be processed by staff operating in the UK who work for our company. Such staff may be engaged in, among other things, the processing of your payment details and the provision of support services. By submitting your personal information, you agree to this transfer, storing or processing. ghd will take all steps reasonably necessary to ensure that your data is treated securely in accordance with this Privacy and Cookies Policy.
- place advertisements for our products on other external sites. We do this by allowing third parties including Google and Adserve to place cookies on our Site which allows them to identify your visit to our Site and preferences shown whilst on it, and your visits to subsequent third party websites in their adserving network. This allows us to serve tailored advertisements to you on those third party websites based on the information we have collected on your interests whilst you were visiting our Site.
- help the Site to function correctly and ensure that the ‘add to basket’, navigation and country site settings are maintained.
- monitor the Site’s performance and ensure that we deliver a fast browsing experience.
- allow you to share content with social networks, express interest in content and connect with your social media networks.
- to allow us to collect anonymous data about Site usage to help us improve the usability, content and user experience of the Site. This includes site analytics cookies such as Google Analytics. We also use Google Analytics to collect information about your online activity on the Site, such as the web pages you visit, the links you click, and the searches you conduct on the Site. We use the information to compile reports and to help us improve the site. The cookies collect information in an anonymous form, including the number of visitors to the Site, where visitors have come to the site from and the pages they visited. For more information about the information gathered using Google Analytics please visit http://www.google.com/intl/en_uk/analytics/tos.html
- to assess third party conversion by allowing us to collect anonymous data about how our marketing is performing.
Please click here for more detailed information about each type of cookie used on the Site, its purpose and whether it operates as a session or persistent cookie.
Most browsers automatically accept cookies, but you can usually modify your browser settings to decline cookies. You may delete or decline cookies by changing your browser settings. (Click “Help” in the toolbar of most browsers for instructions or review the cookie management guide produced by the Interactive Advertising Bureau – www.allaboutcookies.org.) If you do so, some of the features and services of the Site may not function properly. To opt out of being tracked by Google Analytics across all Sites visit http://tools.google.com/dlpage/gaoptout. Your continued use of the Site will be treated as consent to the use of these cookies for the purposes described.
Will my personal data be transferred abroad?
European privacy law permits the export of personal data to other countries subject to the provision of adequate levels of protection for the processing of such personal data. We will ensure that transfers outside the EEA are subject to adequate safeguard as data protection standards in those countries may differ from those in the EEA.
If we transfer your personal information to a person, company, office, branch, organisation, service provider or agent in another country, we will make sure that we have appropriate security and privacy measures in place with such third parties covering how they hold and maintain any personal information on our behalf.
1. These terms and conditions ("Terms") apply to all competitions operated by Jemella Limited trading as ghd ("ghd"), a company registered in England and Wales under company number: 04115691, whose registered office is at Unit 12, Ryefield Way, Silsden, West Yorkshire, BD20 0EF. ghd reserves the right to amend these Terms at any time and any amended terms shall be published here from time to time.
3. When you enter and participate in any competition, you shall be deemed to have unconditionally accepted these Terms.
4. Unless otherwise stated, only one entry per person is permitted.
5. The opening and closing date and time for entries are as indicated in the specific Competition Instruction. Any entries received before or after these times will be void.
6. Any entries which are incomplete, mis-spelt, inaudible, incomprehensible, defaced, or which do not comply with the Terms, or which are not received by ghd will be void. ghd will not bear any responsibility for entries lost or delayed in transmission, or for any damage or loss resulting from misdirected or incomplete entries or entries arising from computable functions, virus, bugs or other causes outside ghd's control. Proof of transmission will not be accepted as proof of receipt.
7. To qualify to enter one of our competitions, you must be resident in the United Kingdom and be 18 years old or over at the time of entry. You must not be an employee, an agent or a director of ghd, its associated companies or subsidiaries or any advertising agency or web company connected with ghd, or any member of any such person's family. ghd reserves the right to verify the eligibility of applications.
8. In order to enter, you must answer the questions or complete the tasks as indicated in the competition information. No purchase is necessary.
9. If the competition is held on the internet, it may be possible for players to provide false details, falsely claim a prize or manipulate the competition to their own ends. ghd runs a thorough audit programme to track such entries and reserves the right to reject any entries which either do not comply with the Terms or where prizes are gained unfairly or illegally.
10. Prizes are drawn at random by an independent supervised individual. The decision of the independent, supervised individual will be final and no correspondence will be entered into.
11. ghd shall endeavour to award the prizes for the competition within a month of the date(s) specified in the Competition Instruction but cannot guarantee this delivery time. ghd reserves the right to substitute the prizes advertised with other prizes of equivalent or higher value. The prizes are non-transferable and there are no cash or credit alternatives for the prizes.
12. When ghd contacts you to discuss how to award you with the prize(s) that you have won, ghd reserves the right to request proof of age and confirmation of your contact details in order to verify your identity.
13. ghd reserves the right to withdraw or cancel your prize(s) if you are the winner of one of competitions and you do not collect your prize(s) within 30 days of the date of our notification that you have won one of our competitions.
14. ghd reserves the right to use the names and locations of the winners on ghd's website or otherwise to demonstrate which prizes are being won and by whom. By entering into and participating in one of ghd's competitions, you agree to have your name and location released as the winner, should you win one of our competitions.
15. ghd reserves the right to suspend, amend or cancel the competition if required by circumstances outside ghd's control or if ghd deems it necessary to do so. You agree that no liability shall attach to ghd as a result of this suspension, amendment or cancellation of the competition.
16. ghd's decision is final at all times. No correspondence with ghd will be entered into.
17. These Terms are governed by the laws of England and Wales.
January Sale – cashback redemption
"Eligible Product" means a ghd airTM hair dryer, ghd IV stylers, ghd gold V professional stylers, ghd pink cherry blossom styler and ghd metallic collection stylers originating from ghd
"End User" means a consumer who purchases an Eligible Product for his or her own personal use and not for resale
"Promoter" means Jemella Ltd, trading as ghd, Bridgewater Place, Leeds, LS11 5BZ
1. The promotion is open to residents of the UK, Channel Islands, Isle of Man and the Republic of Ireland, excluding employees and their immediate families, its agents or anyone else professionally connected with this promotion and/or the Promoter. The Promoter reserves the right to verify the eligibility of entrants and check their identity.
2. This offer is exclusively for customers purchasing an Eligible Product, from selected approved retailers or salons only during the promotional period of between 3rd January 2013 to 31st January 2013 inclusive or while stocks last. The cashback amount that may be claimed is £20/€25 per Eligible Product.
3. Upon purchasing an Eligible Product from selected approved retailers or approved salons, the End User will receive a promotional voucher containing a unique code. All the relevant details must be filled in to claim your cashback. At selected approved retailers or salons only, a member of staff must insert the name, address and postcode of the retailer/salon and sign your voucher to verify the sale at point of purchase.
4. To claim the cashback offer, the End User must visit ghdhair.com/cashback, enter the unique reference code from the promotional voucher and complete all of the details on the online claim form, including full name, address, contact telephone number, email address, bank details, product purchased and details of where the product was purchased.
5. Claims can be submitted online along with a copy of the purchase receipt and a copy of the promotional voucher. Both can be uploaded to the website as an image using the upload facility. Alternatively, the claim form, can be printed and posted along with a copy of the promotional voucher and receipt to ghd cashback, PO Box 504, Leicester, LE94 0AE
6. Claims must be completed online at ghdhair.com/cashback within 7 days of purchase for instore purchases, and 14 days from purchase for online purchases of the Eligible Product.
7. Claims that are posted by Royal Mail/An Post must be received within 28 days of registration at ghdhair.com/cashback. Proof of postage is not proof of delivery.
8. Upon submitting the claim online, the claimant will receive an automated email notification informing them that their claim has been received.
9. Upon validation, the claimant will then receive an automated email notification informing them that their claim has been successful and their cashback amount will be paid within 28 days of claim validation via a BACs payment.
10. If the claimant provides incorrect contact details, fails to include a copy of their proof of purchase, or promotional voucher they will receive a letter requesting them to provide the correct details within 28 days.
11. Participants will be responsible for all costs and expenses relating to participation in the promotion, such as the cost of postage for the application.
12. Claims received after the closing date of midnight on 1st March 2013 will be deemed invalid. The Promoter will not process claims that are incomplete or illegible, and accepts no responsibility for claims lost, delayed or damaged in the post.
13. Maximum of five claims per household. The promoter reserves the right to investigate and withhold claims it believes to be of a fraudulent nature. Should a claim be upheld as fraudulent the Promoter reserves the right to pursue damages against individuals in connection with the claim.
14. Participants should retain the original receipt and promotional voucher and only supply a copy of their original receipt and promotional voucher as claim application forms supporting material will not be returned.
15. Personal data provided by the participant to redeem this offer may be processed by the Promoter within the European Union for the sole purpose of processing and performing this offer, for (direct) marketing and quality control analysis, for conducting market research and improving the Promoter’s products and/or services. Participants can opt out of the data collection by not ticking the ‘opt in’ box on the claim form. By ticking the ‘opt in’ box then you consent to the processing of your personal data in this way. The Promoter and its agents are responsible for storing, processing and transferring the participant’s personal data and for registering the participant’s consent to this. Participants have the right to obtain information about their data and – if necessary – request rectification or removal of their data held by the Promoter. Such requests should be made to the Promoter at the following address: email@example.com. The promoter will never disclose your information to third parties.
16. These terms and conditions, and any instructions from the Promoter, constitute the entire agreement between you and the Promoter, superseding any prior agreements between you and the Promoter. If any provision of these terms and conditions is found by a court of competent jurisdiction to be invalid, the other provisions of the terms and conditions will remain in full force and effect.
17. The Promoter does not warrant that use of or access to the registration site will be uninterrupted by error or virus free nor shall it or its licensors have any liability for damaged caused by hostile software which may affect or infect your computer equipment or property as a result of browsing on this site.
18. The Promoter cannot accept responsibility for claims lost, delayed or damaged in the post.
19. By entering the promotion participants agree to these terms and conditions which will at that time become binding between you and the Promoter.
20. These terms and conditions shall be exclusively governed by and construed in accordance with the laws of England and Wales and the courts will have nonexclusive jurisdiction in the event of any dispute.
21. The Promoter reserves the right to cancel or extend this promotion or amend these terms and conditions without notice.
22. The cashback vouchers have no cash value and cannot be used in conjunction with any other offer
ghd Spotlight - Win a seminar experience
1.1 This document sets out the terms and conditions (“Terms”) that apply to participation in the ghd Spotlight Win a VIP Seminar Experience (“Competition”) via ghdhair.com (the “Website”).
1.2 The Promoter is Jemella Group Ltd (“Jemella”) of Bridgewater Place, Water Lane, Leeds, LS11 5BZ, the owner of the ghd brand. Jemella reserves the right to change these Terms at any time and to communicate the changes to entrants by updating these Terms on the Website.
1.3 By entering this Competition all entrants will be deemed to have accepted and agreed to be bound by these Terms.
2.1 To participate in the Competition entrants must be:
a) aged 18 or over; and
b) resident in the United Kingdom or Republic of Ireland.
2.2 To take part in the Competition, entrants must:
a) have a stylist profile on ghd Showcase (www.ghdhair.com/register-showcase); and
b) create and upload to their profile an original video created for the Competition by the entrant demonstrating how to achieve a chosen hair style, using the hash tag #howtovideo.
2.3 No purchase of any ghd product is necessary to enter the Competition.
2.4 Entries must not exceed 4 minutes in length.
2.5 Jemella does not accept responsibility for any late, lost, damaged, incomplete or fraudulent entries.
2.6 Employees of Jemella or any related companies, and their family members, are not permitted to enter the Competition.
2.7 The competition will run from 20th January until 5pm GMT on Friday 14th March 2013 (the “Closing Date”). Any entries received after the closing date will not be eligible.
2.8 The Winner will be selected by an independent judging panel.
3.1 The Winner will be invited to attend a ghd seminar of their choice (the “Seminar”), the date and location of which to be confirmed, during which they will also get to spend one-to-one time with a ghd expert educator and will receive a ghd goodie bag to take home.
3.2 The Winner will also be invited to the ghd Academy in London to have their winning entry professionally filmed (the “Filming Session”) and subsequently featured on the ghd You Tube channel.
3.3 The Winner must be available to attend the ghd Academy in London between 1st April and 30th June 2014, and to attend a ghd Seminar, the date and location of which is to be confirmed, during 2014.
3.4 Travel to London for the Filming Session will be paid for by ghd.
3.5 Travel to the Seminar is not included in the Prize.
3.6 The Winner will be selected by an independent judging panel based on their video and notified via email no later than 31st March 2014.
3.7 In the event that contact cannot be made with the Winner after 3 attempts Jemella shall select another winner.
3.8 Any invitation to attend a ghd seminar, training session or filming session does not constitute an offer of employment by Jemella or any related company.
3.9 There is no cash alternative and Jemella reserves the right to substitute any prize with a prize of equivalent value in the event of circumstances outside of its control.
3.10 The winner’s name and county will be available upon request by writing to Jemella.
4.1 Jemella’s decision is final and no correspondence on any matter concerning the Competition will be entered into.
4.2 Jemella reserves the right to suspend or terminate the Competition or to extend any closing date.
4.3 These Terms are governed by English law.
6. Intellectual Property
The entrant grants to Jemella a transferable, non-exclusive, royalty-free licence to use the materials included on their profiles and to participate in such reasonable promotional activities as the Promoter may request.