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Terms & Conditions


Jemella Limited (trading as ghd) – Terms of Use

Last Updated: March 2012

Introduction

This website at www.ghdhair.com, including any discussion forums contained on the website (“Site”) is operated by Jemella Limited (trading as Good Hair Day South Africa (Pty) Ltd), a company incorporated in South Africa (registered number 2004/021262/07 with its registered address at Ground Floor, Building 3 Park Nicol,3001 William Nicol Drive, Bryanston, South Africa, (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.

Agreement

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 email at [ghd-online@ghdhair.com] or by telephone on [].    

[Drafting Note – details to be changed to reflect South African entity]

The use of this Site is subject to these Terms of Use which set out the basic rules that govern your use of the Site.  Please read the Terms of Use carefully, as your use of the Site constitutes your agreement to be bound by the Terms of Use and you will be deemed to have read, understood and agreed to the Terms of Use.  If you do not agree to the Terms of Use, please do not use the Site.

ghd has offices in South Africa and may from time to time have alliances with companies outside South Africa.  However, content related to the products and services featured on this website are based on the laws of South Africa unless otherwise expressly stated.  Your use of this website and any dispute arising out of the website is subject to the laws of South Africa.  Any dispute arising out of the use or publication of this website is subject to the exclusive jurisdiction of the courts of South Africa.

The Terms of Use together with our Privacy Policy will govern our relationship with you in relation to your use of the Site and will constitute an on-going binding agreement between you and ghd.

Terms of Use

1.               Modification

We may change, edit, delete or revise the content of this Site from time to time, including these Terms of Use.  Such modification will supercede and replace any previous Terms of Use.  Please check this page for changes which have been made to the Terms of Use. Your use of this Site after a change has been posted constitutes your acceptance of the amended Terms of Use.

2.               Terms of Sale, Registration, Accounts and Passwords

2.1  These Terms of Use do not apply to the sale of goods via the Site.  Such sales are subject to our Terms of Sale.

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.

2.3  When you register for an account on the Site, you will be asked to create a password.  You agree to be responsible for maintaining the confidentiality of your account details and password, and for restricting access to your computer to prevent unauthorised access to your account.  You agree to promptly notify us if you have reason to believe that your account details or password have been lost, or if they are likely to be used in an unauthorised manner.  Please click here if you need to reset your password at any time. You are responsible for all activities that occur under your account or password, and, subject to clause ‎6.6, we will not be liable, directly or indirectly, for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section of the Terms of Use.

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 beforehand 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.

3.4  If you print off, copy or download any part of this Site in breach of these terms of use, your right to use this Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

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.

4.2  These Terms of Use do not apply to any third party website linked to the Site.  You should read the terms and conditions of those websites before using them and direct any questions or comments about the linked website’s contents to the relevant website provider.

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:

5.2.2.1  be accurate (where they state facts);

5.2.2.2  be genuinely held (where they state opinions); and

5.2.2.3  comply with applicable law in South Africa.

5.2.3  Contributions must not:

5.2.3.1  contain any material which is defamatory of any person, obscene, offensive, hateful or inflammatory;

5.2.3.2  promote sexually explicit material;

5.2.3.3  promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

5.2.3.4  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;

5.2.3.5  be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;

5.2.3.6  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;

5.2.3.7  be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity or affiliation with any person; or

5.2.3.8  give the impression that they emanate from us, if this is not the case.

5.3  Failure to comply with the Contribution Standards constitutes a material breach of the Terms of Use upon which you are permitted to use this Site.  We will determine, in our discretion, whether there has been a breach of the Contribution Standards through your use of this Site.  If a breach of the Contribution Standards has occurred, we may take such action as we deem appropriate, including taking all or any of the following actions:

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 to the fullest extent possible by law 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  ghd does not make any warranty or representation that information and service/s advertised on the Site are appropriate for use in any jurisdiction.

6.3  Access to and use of this Site is at the user’s own risk and since it is beyond our control 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.

6.4  Subject to clause ‎6.6 below, and subject to any law to the contrary, 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 delict, including negligence (other than gross negligence), for breach of contract, for misrepresentation (other than fraudulent misrepresentation), intellectual property infringement or under any statute or otherwise:

6.4.1  any indirect, special or consequential losses;

6.4.2  any losses or damages arising out of changes made to the content of this Site by unauthorised third parties;

6.4.3  any loss of business, data, profits, revenue, goodwill, use or anticipated savings;

6.4.4  loss or damage to your, or any third party’s, data or records;

6.4.5  any actions taken in response to breaches of the Contribution Standards set out in clause ‎5.3 above; or

6.4.6  any delay in, or failure of, performance of our obligations under these Terms of Use arising from any cause beyond our reasonable control including any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion, failure in information technology or telecommunications services, failure of a third party (including failure to supply data) and industrial action.

6.5  Except as expressly provided in these Terms of Use, we exclude all representations, conditions and warranties whether express or implied (by statute or otherwise) to the fullest extent permitted by law.

6.6  Notwithstanding the aforesaid provisions, we do not seek to exclude or limit our liability to you for:

6.6.1   death or personal injury caused by our gross negligence;

6.6.2   fraud or fraudulent misrepresentation;

6.6.3   any terms implied under the Consumer Protection Act 68 of 2008;

6.6.4   any legislative liability arising under the Consumer Protection Act 1987; or

6.6.5   any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

6.7  Information transmitted via the internet is susceptible to monitoring and interception. You will bear all risks of transmitting information in this manner. We will not be liable for any loss, harm or damage suffered by you as a result of transmitting information to us.

7.               Miscellaneous

7.1  Nothing on this Site is intended to be nor should be construed as an offer to enter into a contractual relationship with you or anyone else, except for these Terms of Use which govern the relationship between us in relation to your use of the Site.  The advertising of goods and services via the Site merely constitutes an invitation by ghd for you to contract with it.  Ghd reserves the right not to accept and/or comply with any application for any reason whatsoever on notice to you.  Should ghd enter into an agreement with you for the provision of goods or services or otherwise, that agreement will be governed by the terms and conditions thereof and not by these Terms of Use which specifically relate to the use of the Site. 

7.2  These Terms of Use are governed by the laws of South Africa and only the appropriate South African courts will have exclusive jurisdiction with respect to any dispute arising under or in relation to them.

7.3  ghd reserves the right to amend these Terms of Use.  You acknowledge that by visiting the Site from time to time, you will become bound to the current version of these Terms of Use and, unless stated to the current version, all previous versions will be superceded by the current version.  You are responsible for reviewing the then current version on each visit to the Site.

7.4  If any provision of these Terms of Use is found to be invalid or unenforceable by a court, it will be severed from the rest of these Terms of Use which shall remain unaffected.

7.5  No delay or failure by us to exercise any powers, rights or remedies under these Terms of Use will operate as a waiver of them, nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them.

7.6  Please read the terms of the Privacy Policy which contains important information about the use of the personal information you provide when using this Site.

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

Good Hair Day South Africa (Pty) Ltd
Ground Floor, Building 3 Park Nicol,3001 William Nicol Drive, Bryanston, South Africa
ZA


IMPORTANT: YOUR ATTENTION IS DRAWN TO CONDITIONS 2.1, 6.3 and 10.

1 INTERPRETATION

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 PRICE

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.

5 PAYMENT

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 DELIVERY

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 [5] 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 NON-DELIVERY

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 TERMINATION

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 CONFIDENTIALITY

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 GENERAL

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 PROMOTIONS

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 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 Policy sets out how we use and protect any personal information that you give us when you use this Site. 

By submitting your details and/or using our Site you accept this Privacy Policy and expressly consent to the use and disclosure of your personal information in a manner described below.  If you object to any of the potential uses described in this Privacy Policy, please do not register on our Site.

Changes to this Privacy Policy

We reserve the right, in our sole discretion to amend (including without limitation, by the addition of new terms and conditions) this Privacy Policy from time to time. You agree to review the Privacy Policy whenever you visit the Site for any such amendments. Save as expressly provided to the contrary in this Privacy Policy, the amended version of the Privacy Policy shall supersede and replace all previous versions thereof.

What is personal information?

Personal information is information that identifies or relates specifically to you, for example, your name, age and identity number and your payment records. In short, any information that we know about you will be regarded as your 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 (non-personal) information such as records of your activity on the Site without you registering with us and giving us personal information.

We also voluntarily subscribe to the principles, outlined in Section 51 of the Electronic Communications and Transactions Act 2002 ('ECT Act'), which govern your right to having your personal information kept private. We briefly outline these principles below:

  • We will only collect, collate, process and store ('use') your personal information with your permission unless legally required to do so, and will only use such information for the lawful purpose for which it is required.
  • We will disclose in writing, the specific purpose for which we use, request and store your personal information. We will also keep a record of that personal information and the specific purpose for which we collect it.
  • We will not use your personal information for any purpose, other than that which we disclosed to you, unless you give us your express written permission to do so, or unless we are permitted to do so by law.

Further to the requirements of the ECT Act; we will disclose your personal information without your consent:

  • If we are required to do so by law or a court order;
  • If disclosure is in the public interest;
  • If disclosure is in our interest;
  • With your implied consent.

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;
  • personal 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 or any affiliates e.g. to the extent needed for proper management and parental analysis and decision making, promotional and marketing opportunities. 

ghd may also disclose your personal information:

  • 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 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), 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 information 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

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 so that we can 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 personal information is treated securely in accordance with this Privacy Policy. 

Cookies

We use cookies for certain areas of our Site, including but not limited to session cookies, third party cookies and persistent cookies.  Cookies are files that store information on your hard drive or browser that mean that our Site can recognise that you have visited the Site before and which are used to facilitate access to the Site, to tailor your experience of the Site and to allow you to move through processes including the payment processes on the Site. They make it easier for you to maintain your preferences on the Site (including by renumbering your log in details when you access restricted areas of our Site), and by seeing how you use the Site, we can tailor the Site around your preferences and measure usability of the Site. Your can find out more information about the different types of cookies at www.allaboutcookies.org.  Please refer to the paragraph and link below for further detailed information about the cookies that we use on our Site.

The purpose of "cookies" is to enhance your future visits to our Site.  You can set your browser to notify you if "cookies" are to be transferred or to reject "cookies" but this may prevent your use of some of our web pages.

We use cookies to:

  • 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?

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.

Which laws apply?

This Privacy Policy will be governed by and construed and interpreted in accordance with the laws of South Africa. To the extent that a court has jurisdiction over any dispute which may arise out of or in connection with this Privacy Policy, we both submit to the jurisdiction of the appropriate South African court.

#BeforeandAfterghd Instagram Competition

1.         Introduction

1.1       This document sets out the terms and conditions (“Terms”) that apply to participation in the ghd #beforeandafter competition (“Competition”) via Instagram.com (“Instagram”).

1.2       The Promoter is Good Hair Day South Africa Pty Ltd, P.O Box 818, Gillits, 3603 (“Promoter”).  The Promoter reserves the right to change these Terms at any time and to communicate the changes to entrants by updating these Terms on Instagram.

1.3       By entering this Competition all entrants accept and agree to be bound by these Terms (as amended from time to time).

 

2.         Participation

2.1       To participate in the Competition entrants must be:

a) aged 18 or over; and

b) resident in the Republic of South Africa.

2.2            To take part in the Competition, an entrant must:

a) take picture of the entrant showing the entrant’s hair before it has been styled with a ghd styler (“before picture”) and then take another picture which shows the entrant’s hair after it has been styled with a ghd styler (“after picture”);

b) have an Instagram account;

c) upload the before and after pictures to Instagram using @ghdhairsouthafrica and hashtag #beforeandafter.

2.3            Entrants must take the pictures themselves and may not enter pictures taken by any other person or from any other source. The picture must comply with such  other requirements and criteria as may be published by the Promoter on Instagram and/or Facebook.

2.4            No purchase of any product is necessary to enter the Competition. The winner will be selected by an independent judge. Judging will take place within one week of the closing date. The outcome of the Competition depends on the merit of entries, and lot or chance plays no role. The entries will be judged based on creativity and originality, as well as compliance with these Terms. The Promoter reserves the right not to award any prize in the event that insufficient entries are received or if the Promoter is not satisfied with the quality of entries received.

2.5            The Competition will run from 25 June 2013 to 12 July 2013. Any entries received after the closing date will not be eligible.

2.6            Employees of the Promoter or any related companies, and their family members, are not permitted to enter the Competition.

 

3.         Prize

3.1       The winner’s prize will be a ghd eclipse hair styler.

3.2           In the event that contact cannot be made with the winner after 3 attempts, the winner will forfeit the prize and Promoter shall be entitled, but not obliged, to select another winner.

3.3           The Promoter will send the prize off to the winner within 28 days of the winner being identified and contacted. The Promoter will send the prize to the address specified by the winner. The Promoter does not accept liability for prizes that are lost or not delivered.

3.4           There is no cash alternative for the prize and the Promoter reserves the right to substitute any prize with a prize of equivalent value in the event of circumstances outside of its control.

3.5           The winner’s name will be available upon request by writing to the Promoter.

 

4.         General

4.1           The Promoter’s decision is final and no correspondence on any matter concerning the Competition will be entered into.

4.2           The Promoter reserves the right to suspend or terminate the Competition at any time or to extend any closing date.

4.3           The Promoter does not accept responsibility for any entries that are lost or are received late or incomplete. The Promoter may, at its discretion, disqualify late, incomplete or fraudulent entries or entries that do not comply with these rules. The Promoter may also disqualify an entrant if the Promoter finds that the entrant has attempted to manipulate the outcome of the Competition.

4.4           The Promoter may disqualify an entry if, in the Promoter’s sole and absolute opinion, it contains any content which is obscene, vulgar, harassing, unlawful, illegal, harmful, inflammatory, hateful or otherwise objectionable or infringes the rights of any third party in subject matter or wording, or which is otherwise unsuitable for publication.

4.5           These Terms are governed by South African law and the South African courts shall have jurisdiction over any matter arising out of or in connection with the Terms.

4.6           This promotion is no way sponsored, endorsed or administered by, or associated         with Instagram. Entrants provide their information to the Promoter, not Instagram.

4.7           The Promoter, its associated agencies and companies and prize sponsors shall not be liable for and entrants indemnify and hold the Promoter harmless against any claim, liability, damages (whether direct or indirect), cost, expense or penalty suffered or incurred by any person as a result of the entrants participating in the Competition or the acceptance or use of any prize.

 

5.         Privacy

As a result of an entrant’s participation in the Competition the Promoter will collect certain personal data relating to entrants.  The Promoter will process the information about the entrant in accordance with its privacy policy http://www.ghdhair.com/about-ghd/terms-and-conditions. By entering the Competition, the entrant consents to such processing and warrants that all data provided by the entrant is truthful and accurate.

6.         Intellectual Property

The entrant grants to the Promoter a transferable, non-exclusive, worldwide, irrevocable, perpetual, royalty-free licence to use and sub-license the materials uploaded by them to Instagram for the Competition, including the intellectual property rights, image rights and personality rights in such materials, and shall participate in such reasonable promotional activities as the Promoter may request. All entrants warrants that their entries are original and do not infringe on the rights of any third party.