Terms & Conditions
Last Updated: April, 2012
This website at www.ghdhair.com/us, including any discussion forums contained or services provided on the website (“Site”), is owned, operated and maintained by Jemella Limited (trading as GHD Professional North America Inc ), a company incorporated in England and Wales registered number 2639568 with its registered address at 31295 La Baya Drive, Westlake Village, California, 91362 (“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 of any of the information or materials contained on or in it, please contact us by e-mail at email@example.com or by telephone at +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:
188.8.131.52 be accurate (where they state facts);
184.108.40.206 be genuinely held (where they state opinions); and
220.127.116.11 comply with applicable law in the United States.
5.2.3 Contributions must not:
18.104.22.168 contain any material which is defamatory of any person, obscene, offensive, hateful or inflammatory;
22.214.171.124 promote sexually explicit material;
126.96.36.199 promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
188.8.131.52 advocate, promote or assist any illegal act, including, but not limited to, violence or computer misuse (e.g., transmitting a virus or any other harmful component) or the infringement of the intellectual property rights of any other person;
184.108.40.206 be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
220.127.116.11 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 (e.g., Contributions that contact other users of the Site through unsolicited e-mail, telephone calls, mailings or any other method of communications);
18.104.22.168 be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity or affiliation with any person; or
22.214.171.124 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.
5.5 Although ghd does not regularly review each Contribution made to the Site, we do reserve the right (but not the obligation) to monitor and edit or remove any Contributions in our sole discretion. You grant ghd the right to use the name that you submit in connection with your Contributions. You are and shall remain solely responsible for the content of any Contributions you make to the Site. You expressly agree to defend, indemnify and hold ghd harmless from and against all third party claims, damages and expenses (including reasonable attorneys fees) against or incurred by ghd, its affiliates or its agents arising out of any Contributions you post or allow to be posted to the Site. ghd and its affiliates take no responsibility and assume no liability for any Contributions submitted by you or any third party.
6. Claims of Copyright Infringement
6.1 We disclaim any responsibility or liability for copyrighted materials posted on the Site. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth in clause 6.3 below.
6.2 ghd respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), we will respond promptly to notices of alleged infringement that are reported to Company’s Designated Copyright Agent, identified below.
6.3 Notices of Alleged Infringement for Content Made Available Through the Site
6.3.1 If you are a copyright owner, authorized to act on behalf of a copyright owner or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Site by sending us a notice complying with the following requirements:
126.96.36.199 Identify the copyrighted works that you claim have been infringed;
188.8.131.52 Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found;
184.108.40.206 Provide your mailing address, telephone number, and, if available, e-mail address;
220.127.116.11 Include both of the following statements in the body of the notice: "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)," and "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed;" and
18.104.22.168 Provide your full legal name and your electronic or physical signature.
6.3.2 Once you have completed your notice, deliver it to our Designated Copyright Agent: Digital Team, ghd, Amadeus House, Floral Street, Covent garden, London, WC2 9DP.
6.4 Counter Notices
6.4.1 A poster of allegedly infringing material may make a counter notice pursuant to the DMCA. When ghb receives a counter notice, it may reinstate the material in question. To provide a counter notice to us, please provide the following information to our Designated Copyright Agent:
22.214.171.124 Identification of the material that has been removed or to which access has been disabled on the Site and the location at which the material appeared before it was removed or access to it was disabled;
126.96.36.199 A statement as follows: "I hereby state under penalty of perjury that I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;"
188.8.131.52 Your name, address, telephone number and, if available, e-mail address;
184.108.40.206 A statement that you consent to the jurisdiction of the U.S. Federal District Court for the judicial district in which you are located (or if you are outside the U.S., for any judicial district in which ghd may be found), and that you will accept service of process from the person who originally provided us with the notice of infringement; and
220.127.116.11 Your full legal name and electronic or physical signature.
6.4.2 Your completed DMCA counter notice should be delivered to the following Designated Copyright Agent of ghd: Digital Team, ghd, Amadeus House, Floral Street, Covent garden, London, WC2 9DP.
7. Disclaimer of Warranties
7.1 GHD DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. GHD SPECIFICALLY DISCLAIMS ALL LIABILITY FOR ERRORS OR OMISSIONS IN, OR THE MISUSE OR MISINTERPRETATION OF, ANY INFORMATION OBTAINED THROUGH THE SITE. COMPANY DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE.
7.2 YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND LINKED WEBSITES. GHD DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY. YOU AGREE THAT GHD SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING DIRECTLY OF INDIRECTLY FROM ANY SUCH CODE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND OF THE INTERNET.
7.3 SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
8. Limitation of Liability
8.1 GHD AND ANY THIRD PARTIES MENTIONED ON THIS SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.
9.5 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.
Merchant of Record
GHD Professional North America Inc
1493 E Bentley Drive, Suite 101
Corona, CA 92879
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 Unit 12, Ryefield Way, Silsden, West Yorkshire, BD20 0EF;
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.
Last updated: April, 2012
Jemella Limited (trading as ghd) (“ghd,” “we,” “us,” or “our”) regards the privacy of our users as very important. The purpose of this Privacy and Cookies Policy is to describe how we collect, share, use and protect information that we collect from the users of our website located at www.ghdhair.com/us (the “Site”). Please note that this policy only applies to information that we collect on the Site, and does not describe our privacy practices with respect to information collected offline or through other sources. If you have any questions about this policy, please feel free to contact us as described at the end of this policy.
You should also be aware that the Site may contain links to third party websites that are not owned or controlled by ghd. Such websites are not governed by this Privacy and Cookies Policy, and we are not responsible for the privacy practices of such other websites. We encourage you to be aware when you leave our Site and to read the privacy statements of each and every website that collects personal information.
Your use of the Site is also subject to our Terms and Conditions of Use and our Terms and Conditions of Sale.
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 types of information do we collect?
We collect two main types of information from users of the Site – personal information and anonymous information.
“Personal information” refers to information that identifies an individual user of the Site, whether directly or indirectly, such as the user's name, postal address, e-mail address and telephone number.
“Anonymous information” means any information that does not directly or indirectly identify (and cannot reasonably be used to identify) an individual user. When anonymous information is directly or indirectly linked with personal information, this anonymous information is also treated as personal information.
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 anonymous information, such as records of your activity on the Site, without you registering with us and giving us personal information. Please see the Cookies section of this policy (below) for additional information regarding the types of anonymous information that we may collect on the Site.
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.
We do not knowingly collect personal information from children under the age of 13. If you are under the age of 13, please do not attempt to register with us at this Site or provide any personal information about yourself to us. We will promptly delete any personal information that we learn has been collected from a child under the age of 13 on the Site. If you believe we might have any information from a child under the age of 13, please contact us as described at the end of this policy.
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 authorized 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 materials 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, e-mail 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 e-mails it may provide you with an ‘unsubscribe’ link, or an e-mail 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 contacting us as described at the end 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.
Your California Privacy Rights
Under California’s "Shine the Light" law, California residents who provide personal information in obtaining products or services for personal, family or household use are entitled to request and obtain from us certain information about the customer information we shared, if any, with other businesses for their own direct marketing uses once per calendar year. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year (e.g., requests made in 2012 will receive information regarding 2011 sharing activities).
To obtain this information, please send an e-mail message to firstname.lastname@example.org with "Request for California Privacy Information" on the subject line and in the body of your message. We will provide the requested information to you at your e-mail address in response. Please be aware that not all information sharing is covered by the "Shine the Light" requirements and only information on covered sharing will be included in our response.
How to get copies of or amend the information we have collected
You may request details of personal information which we hold about you at any time. A small fee will be payable to cover our administration costs, which is currently £10 (or approximately $16.00). If you would like a copy of the information held on you please contact us at ghd, Unit 12, Ryefield Way, Silsden, West Yorkshire, BD20 0EF enclosing a cheque or postal order for £10 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 reasonable 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. As a global company, ghd has separate privacy policies for its international offices. Personal information about our customers may be processed or stored in the U.S. or any country in which ghd or our service providers maintain facilities. We require all entities in the ghd group of companies to protect your personal information, regardless of where it is stored, in accordance with local laws and our policies. 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 information 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.
If you have any questions, concerns, complaints or suggestions regarding our Privacy and Cookies Policy or otherwise need to contact us, please e-mail us at email@example.com or call us at +44 (0) 845 330 1133. You may also contact us by mail at: