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Terms & Conditions


FEBRUARY 2017

INTRODUCTION
This website at www.ghdhair.com, including any discussion forums contained on the website (“Site”) is operated by Jemella Limited (trading as ghd), a company incorporated in England and Wales (registered number 04115691) with its registered address at Bridgewater Place, Water Lane, Leeds, LS11 5BZ and GHD Professional, North America, Inc., a California corporation, with its registered office at P.O. Box 4057, Westlake Village, CA 91359 (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.
 
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 at 818-843-9673.
 
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. By using the Site you confirm your acceptance of these Terms of Use and to be bound by them.  If you do not agree to the Terms of Use, please do not use the Site.
 

TERMS OF USE


1. MODIFICATION

1.1We may change, edit, delete or revise the content of this Site from time to time, including these 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.

1.2 We do not guarantee that the Site, any page or any content on the Site will always be available or be uninterrupted. We may also intentionally withdraw or restrict the Site or any part thereof at any time without notice.

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, which can be accessed using the Terms of Sale tab at the top of this page.

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 ‎6.5, 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, trade marks 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 are granted a limited license and may access this Site only, subject to the restrictions provided in these Terms of Use, 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.

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 or 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), nor may you frame the Site on a third party site, 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.

4.5 You must not attempt to gain unauthorised access to the Site, or our servers, or any hardware supporting the Site. Nor may you attempt to reconfigure the Site in any way. For the avoidance of doubt, the full details of any offences committed by site users under the UK Computer Misuse Act 1990 or any law of similar import of any other applicable jurisdiction will be reported to the relevant law enforcement authorities.

4.6 You must not misuse the site in any manner, including the introduction to the Site of any viruses, programmes or any other material that may be technologically harmful or malicious.

 

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 ghd Showcase and 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 the UK and in the US.
5.3.3.4 be your own and not infringe on any third party’s rights.

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  carry out, advocate, promote, 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 shall 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 We do not endorse any Contributions or any opinion, recommendation or advice expressed therein, and we disclaim all liability with respect to the Contributions posted by third parties.

 

6. NO WARRANTY; DISCLAIMER OF LIABILITY

6.1  Whilst we have taken all reasonable steps to ensure the accuracy and completeness of the information on this Site, THE SITE IS PROVIDED ON AN “AS IS” BASIS AND WE GIVE NO WARRANTY AND MAKE NO REPRESENTATION REGARDING THE ACCURACY OR COMPLETENESS OF THE CONTENT OF THIS SITE.  FURTHER, NO WARRANTY IS GIVEN THAT THE SITE SHALL BE AVAILABLE ON AN UNINTERRUPTED BASIS, AND NO LIABILITY CAN BE ACCEPTED IN RESPECT OF LOSSES OR DAMAGES ARISING OUT OF SUCH UNAVAILABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM SUCH REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE OR CURRENT. Please note that some jurisdictions may not allow the exclusion of implied warranties and conditions, so some of the above exclusions may not apply to you but shall apply to the maximum extent permitted by applicable laws.

6.2 TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.

6.3  Access to and use of this Site is at the user’s own risk and we do not warrant that the use of this Site or any material downloaded from it will not cause damage to any property, including but not limited to loss of data or computer virus infection.  We accept no liability for viruses or other computer contaminants.  You are recommended to take all appropriate safeguards (such as installing appropriate anti-virus software) and firewalls before downloading information or images from the Site.


 
7. MISCELLANEOUS

7.1  These Terms of Use are governed by the laws of the State of California, excluding its conflict of law rules. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in Los Angeles County, California.

7.2  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.

7.3  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.

7.4  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.

7.5  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.

TERMS AND CONDITIONS OF SALE

  1. DEFINITIONS

1.1 When the following words with capital letters are used in these Terms, they have the meaning set out below:

(a) Event Outside Our Control: is defined in clause 9.2;

(b) Order: your order for the Products via the website;

(c) Products: the goods and/or gift cards that We are selling to you;

(d) Terms: the terms and conditions set out in this document; and

(e) We/Our/Us: ghd Professional North America Inc, trading as ghd, of 116 West 23rd Street, 5th Floor, Suite 500, New York, NY 10011.

1.2 When We use the words "writing" or "written" in these Terms, this will include e-mail unless We say otherwise.

  1. OUR CONTRACT WITH YOU

2.1 These are the terms and conditions on which We supply Products to you.

2.2 Please ensure that you read these Terms carefully and check that the details of your Order are complete and accurate before you submit the Order.

2.3 These Terms and the Order constitute the whole agreement between you and Us.

2.4 When you submit the Order to Us, this does not mean We have accepted your Order. Our acceptance of the Order will take place as described in clause 2.5. If We are unable to supply you with the Products, We will inform you of this and We will not process the Order.

2.5 These Terms will become binding on you and Us when We issue you with a written acceptance of an Order, at which point a contract will come into existence between you and Us.

2.6 We shall assign an order number to the Order and inform you of it when We confirm the Order. Please quote the order number in all subsequent correspondence with Us relating to the Order.

  1. CHANGES TO ORDER OR TERMS

3.1 We may revise these Terms from time to time so you should check the Terms prior to placing any future Order.

3.2 If you wish to cancel an Order before it has been fulfilled, please see your right to do so in clause 11.

  1. DELIVERY OF PRODUCTS

4.1 Please note that timescales for delivery and delivery charges will vary depending on the availability of the Products (including any pre-orders) and your address. Please consult the “Payment & Delivery” section of the website.

4.2 Delivery of an Order shall be completed when We deliver the Products to the address you gave Us.

4.3 If We are not able to deliver the whole of the Order at one time due to operational reasons or shortage of stock, We will, except where your Order includes a pre-order, deliver the Order in instalments. We will not charge you extra delivery costs for this. However, if you ask Us to deliver the Order in instalments, We may charge you extra delivery costs. Each instalment shall constitute a separate contract governed by these Terms. If We are late delivering an instalment or one instalment is faulty, that will not entitle you to cancel any other instalment.

4.4 The Products will be your responsibility from the completion of delivery.

4.5 On delivery of your Order please check the Products against the delivery note or covering email in the case of gift cards. If there is any discrepancy or if any Product is damaged please contact us within 7 days of receipt.

4.6 If you have not received your Order within 7 days of receiving the order confirmation please contact us.

  1. OUR WARRANTY

5.1 We warrant that on delivery and for the period set out below, the Products shall be free from material defects. However, this warranty does not apply in the circumstances described in clause 5.4. In the unlikely event the Product or Products prove defective due to faulty workmanship or materials then, at Our sole discretion, We will repair or replace the Product with an identical or equivalent Product at no charge to you. A replacement Product assumes the remaining warranty for the original Product or 180 days, whichever provides longer coverage to you. When a Product is exchanged, any replacement item becomes your property and the replaced item become Our property.

Product

Warranty Period

Stylers

2 years

Curlers

2 years

Hair dryers

1 year

Brushes

6 months

Hair care/styling products

6 months

5.2 To claim under this warranty visit 'ghdhair.com/us/returns' and follow the onscreen instructions to complete your return. You must include a copy of your proof of purchase with any returned Product. Therefore you should ensure you keep your proof of purchase in a safe place in order to validate your warranty.

5.3 This warranty only applies to genuine ghd products purchased through this website, and does not cover Products repaired or serviced by anyone other than Our personnel or representatives. Note that this warranty may be invalidated where serial numbers or identification have been erased, damaged or modified. This does not affect your statutory rights.

5.4 This warranty does not apply to any defect in the Products arising from:

(a) fair wear and tear;

(b) wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;

(c) if you fail to operate or use the Products in accordance with the user instructions; and

(d) any alteration or repair by you or by a third party.

  1. WE MAKE NO OTHER EXPRESS OR IMPLIED WARRANTY WITH RESPECT TO THE PRODUCTS OTHER THAN THE LIMITED WARRANTY SET FORTH ABOVE. UNLESS UNENFORCEABLE OR UNLAWFUL UNDER APPLICABLE LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
  2. GIFT CARDS

6.1 Gift cards are only redeemable for goods on this website and may not be used to purchase further gift cards or exchanged for cash, except in states or other jurisdictions where required by law.

6.2 After making a purchase with your gift card no change will be given but any remaining balance may be applied to future purchases.

6.3 Gift cards will expire five years from the date purchase, except to the extent such expiration is prohibited or limited by law. At expiry, any remaining balance will be lost.

6.4 Gift cards may only be used to buy products from the same ghd country website as the gift card was bought from. For example, a gift card bought on the US part of our website can only be used to buy goods from the US part of our website.

6.5 Please protect your gift card and treat it as though it is cash. We are not responsible for gift cards that are lost, stolen, damaged or used without your permission.

6.6 If any goods purchased with a gift card are exchanged or refunded, any money owed to you will be added to the balance on a gift card.

6.7 Gift cards are not subject to discount or included in any promotional activity.

  1. PRICE AND PAYMENT

7.1 The price of the Products will be the price in force at the time We confirm your Order. Our prices may change at any time, but price changes will not affect Orders that We have confirmed with you.

7.2 All prices subject to all applicable sales, use and similar taxes.

7.3 Depending on the method of delivery you select the prices for the Products may exclude delivery costs, which will be added to the total amount due. Please see the “Payment & Delivery” section of the website.

7.4 You must make payment for Products by credit or debit card or, if using Paypal, another method accepted by Paypal. We will collect funds from you when We despatch the Products.

  1. OUR LIABILITY TO YOU

8.1 IF WE FAIL TO COMPLY WITH THESE TERMS, WE ARE ONLY RESPONSIBLE FOR LOSS OR DAMAGE YOU SUFFER THAT IS A FORESEEABLE RESULT OF OUR BREACH OF THE TERMS OR OUR NEGLIGENCE IN EACH CASE UP TO THE VALUE OF THE APPLICABLE ORDER, BUT WE ARE NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT IS NOT FORESEEABLE. FURTHERMORE, IN NO EVENT WILL YOUR LOSS OR DAMAGE INCLUDE INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR INDIRECT DAMAGES OF ANY KIND EVEN IF WE ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and Us at the time we entered into the contract. Some states may not allow some or all of the foregoing limitations on our liability, so they may not apply to you. This paragraph gives Customer specific legal rights and you may also have other legal rights that vary from state to state.

8.2 We do not exclude or limit in any way Our liability for:

(a) death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors;

(b) fraud or fraudulent misrepresentation;

(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);

  1. EVENTS OUTSIDE OUR CONTROL

9.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control.

9.2 An Event Outside Our Control means any act or event beyond Our reasonable control, including strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.

9.3 If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:

(a) We will contact you as soon as reasonably possible to notify you; and

(b) Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our delivery of Products to you, We will arrange a new delivery date with you after the Event Outside Our Control is over.

  1. PROMOTIONS

10.1 No promotion, discount or promotional code available for redemption on the website may be used in conjunction with another offer.

10.2 Only one promotional code can be used per Order.

10.3 A promotional code cannot be applied to an Order after it has been placed.

  1. YOUR CANCELLATION RIGHTS

11.1 You have a right to cancel a contract at any time between placing your Order and 14 days from the day after the day you receive your Order. If you wish to cancel the contract, you must let Us know by telephone, letter, fax or email and then return the Products to Us. We shall provide you with a refund of the price paid for the Product within 14 days of the date we receive the Products or, if earlier, within 14 days from the date you provide proof of postage to Us.

11.2 In addition to clause 11.1 we have a 21 day no quibble returns policy. Please see the “Returns” section of the website.

  1. OUR CANCELLATION RIGHTS

We may have to cancel an Order before the Products are delivered, due to an Event Outside Our Control or the unavailability of stock. We will contact you as soon as reasonably possible if this happens and offer you a choice of a refund or an alternative product.

  1. INFORMATION ABOUT US AND HOW TO CONTACT US

13.1 We are a subsidiary of a company based in England. Our US office is at 116 West 23rd Street, 5th Floor, Suite 500, New York, NY 10011.

13.2 If you have any questions or if you have any complaints, please contact Us. You can contact Us by telephoning Our customer service team on 1-877-GHD-ANGEL (443-2643) or by e-mailing Us using the contact form on the website.

13.3 If you wish to contact Us in writing, or if any clause in these Terms requires you to give Us notice in writing, you can send this to Us by e-mail, by hand or by pre-paid post to the address set out in clause 13.1. We will confirm receipt of this by contacting you in writing. If We have to contact you or give you notice in writing, We will do so by e-mail, by hand or by pre-paid post to the address you provide to Us in the Order.

  1. HOW WE MAY USE YOUR PERSONAL INFORMATION

We will use the personal information you provide to Us in accordance with the Privacy Policy set out on this website.

  1. OTHER IMPORTANT TERMS

15.1 We may transfer Our rights and obligations under these Terms to another organisation and We will always notify you in writing if this happens.

15.2 You may only transfer your rights or your obligations under these Terms to another person if We agree in writing.

15.3 This contract is between you and Us. No other person shall have any rights to enforce any of its terms.

15.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining terms will remain in full force and effect.

15.5 If We fail to insist that you perform any of your obligations under these Terms, if We do not enforce Our rights against you or if We delay in doing so that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you We will only do so in writing and that will not mean that We will automatically waive any later default by you.

15.6 With respect to sales of Products on Amazon.com, Our warranty will only be provided for Products purchased from resellers that we have specifically authorised to sell on Amazon.com, resellers that we have confirmed as providing new and authentic Products.

15.7 These Terms shall be governed by the laws of the State of New York, USA and all claims relating to or arising out of this Agreement, or the breach thereof, whether sounding in contract, tort or otherwise, shall likewise be governed by the laws of the State of New York, in each case, without regard to its choice or law or conflict of laws provisions. All legal actions in connection with this Agreement shall be brought in the state or federal courts located in New York City, New York.

JEMELLA LIMITED (TRADING AS GHD) – PRIVACY AND COOKIES POLICY

Last updated: April 2017

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. Jemella Limited (trading as ghd) is registered as a Data Controller with the Information Commissioner’s Office under the terms of the Data Protection Act 1998, with the registration number Z1663328. This Privacy and Cookies Policy sets out how we use and protect any personal information that you give us when you use ghdhair.com (the “Site”). If you have any questions about this policy or do not agree with it, please contact us by e-mail at ghd-online@ghdhair.com or on 818 843 9673 before using this Site.

We may change this Privacy and Cookies Policy from time to time by updating this page. You should revisit this page from time to time to re-read this Privacy and Cookies Policy and ensure you are happy with any changes. This Privacy and Cookies Policy is effective from April 2017.

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.

If you do register with us we may offer additional services. When you register an account 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 the 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.

Note that we do not intentionally collect any personal information from children under the age of 13. If you are under the age of 13, you may look at our websites, but you should not make a purchase, register, or submit personal information to us. If you are under 13, you may use our website only with the involvement of a parent or guardian.

 

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 for the purposes of direct marketing, market research, feedback opportunities and information about our products, services, promotions and events or requests from time to time;

 

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 access personal information in order to perform their functions on our behalf. They are not permitted to share or to use such information for any other purpose. ghd may also share personal information with other companies within the ghd group of companies e.g. to the extent needed to fulfil orders, for proper management and for 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 other members of the Jemella 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 be by post, 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 Jemella group of companies will stop any marketing to which you object or withdraw your consent to within a reasonable period, allowing sufficient time for the change to be administered. You can change your mind at any time about marketing by informing ghd using the contact details set out at the top of this notice. In such cases ghd would not necessarily remove all your personal data from its database(s) but would note and respect your changed direct marketing preferences.

 

HOW TO GET COPIES OF OR AMEND THE INFORMATION WE HAVE COLLECTED

You may request details of personal information which we hold about you, subject to applicable legal restrictions at any time. If you would like a copy of the information held on you please contact us at ghd, 310 N.Westlake Blvd. #140, Westlake Village, CA 91362 or at ghd-online@ghdhair.com.

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.

To protect your privacy, we will need to validate your identity before you update or review your information.

 

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 providers 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 is stored on servers located in the European Economic Area (EEA). It will be processed by staff operating in the UK who work for ghd. Such staff may be engaged in, among other things, the processing of your payment details and the provision of support services. By submitting your personal information, you agree to this transfer, storing or processing. ghd will take all steps reasonably necessary to ensure that your data is treated securely in accordance with this Privacy and Cookies Policy.

 

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. You 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.

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.

Upon your first visit to the Site you will be asked to ‘accept’ the use of cookies on the Site for all Site visits using a pop-up message box. If you reject the use of cookies on the Site then some of the Site features may not function properly. Should you ignore the pop-up message box yet continue to use the Site your use will be treated as consent to the use of cookies.

You can opt out of cookies at any time by following the instructions at the links below for your browser:

Internet Explorer: https://support.microsoft.com/en-us/help/17442/windows-internet-explorer-delete-manage-cookies

Mozilla Firefox: https://support.mozilla.org/t5/Protect-your-privacy/Enable-and-disable-cookies-that-websites-use-to-track-your/ta-p/2784

Google Chrome: https://support.google.com/chrome/answer/95647?co=GENIE.Platform%3DDesktop&hl=en

Please note that opting out of cookies in one browser, device or app will not necessarily mean that you have opted out of cookies for all of your browsers, devices or apps. Data collected via cookies may be combined with data from other websites, mobile applications and sources.

 

WILL MY PERSONAL DATA BE TRANSFERRED ABROAD?

European privacy law permits the export of personal data to other countries subject to the provision of adequate levels of protection for the processing of such personal data. We will ensure that transfers outside the EEA are subject to adequate safeguard as data protection standards in those countries may differ from those in the EEA.

If we transfer your personal information to a person, company, office, branch, organisation, service provider or agent in another country, we will make sure that we have appropriate security and privacy measures in place with such third parties covering how they hold and maintain any personal information on our behalf.

 

 

TERMS AND CONDITIONS - #GLOBALHAIRDAYS

1. INTRODUCTION

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

1.2 The Promoter is ghd Professional, North America, Inc., 310 N. Westlake Blvd. Suite 140, Westlake Village, CA. (The promoter is a subsidiary of Jemella Ltd trading as ghd of Bridgewater Place, Water Lane, Leeds, LS11 5BZ, the owner of the ghd brand.)

1.3 By entering this Competition all entrants will be deemed to have accepted and agreed to be bound by these Terms.

 

2. PARTICIPATION

2.1 To participate in the Competition entrants must be:

a) aged 18 or over; and
b) resident in any one of the fifty United States of America or the District of Columbia, other than the States of New York, Florida and Rhode Island. The Competition is void in the States of New York, Florida and Rhode Island and in all U.S. territories, possessions, and overseas military installations and otherwise VOID WHEREVER PROHIBITED BY LAW.

2.2 To take part in the Competition, entrants must:

a) Have an Instagram account;
b) Follow @ghd_northamerica on Instagram; and
c) Upload an original photograph demonstrating their best interpretation of one of ghd’s Wanderlust Key Trends (NOBO, Modern Romance, Red Carpet Luxe or Adornment) tagging @ghd_northamerica and using the hashtag #GlobalHairDays..

2.3 NO PURCHASE OF ANY PRODUCT OR ANY PAYMENT IS NECESSARY TO ENTER THE COMPETITION. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING.

2.4 Only one entry per person will be accepted.

2.5 The Competition will run from 00:00 hours (Pacific Standard Time) 21st April 2017 until 23:59 (Pacific Standard Time) on 11th June 2017 (the “Closing Date”). Any entries received after the Closing Date will not be eligible.

2.6 Four winners will be selected after the Closing Date by an independent judge from among all eligible entries received against the following criteria:

2.6.1 Creativity (up to 34 points)
2.6.2 Relevance to selected Key Trend (up to 33 points)
2.6.3 Originality (up to 33 points)

2.7 The winners will be announced before 15th June 2017 (“Announcement Date”):

2.8 In the event of a tie, the judge shall select winners based on which entry scored the highest score under 2.6.2 as the best interpretation of a Key Trend.

2.9 The Promoter will attempt to notify the winner within one week of the Closing Date.

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

2.11 The Promoter does not accept responsibility for any late, incomplete or fraudulent entries.

 

3. PRIZE

3.1 The winners will each receive a ghd Platinum® Tropic Sky styler which has a retail value of $249 USD.

3.2 Winners will be contacted via Instagram at the account used on entering the Competition.

3.3 In the event that contact cannot be made with a winner after 3 attempts the Promoter shall select another entrant to receive the prize.

3.4 The winners will receive their prize within 28 days of the Closing Date.

3.5 There is no cash alternative 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.

3.6 The names of the winners and their city of residency will be available within 28 days after the Closing Date 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 or to extend the Closing Date.

4.3 These Terms are governed by California law.

4.4 This promotion is no way sponsored, endorsed or administered by, or associated with Instagram. You are providing your information to the Promoter, not Instagram. The information you provide will only be used for the promotion.

4.5 In the event that the operation, security, or administration of the Competition is impaired in any way for any reason, including, but not limited to fraud, virus, bug, worm, unauthorized human intervention or other technical problem, or in the event the Competition is unable to run as planned for any other reason, as determined by Promoter in its sole discretion, the Promoter may, in its sole discretion, either (a) suspend the Competition to address the impairment and then resume the Competition in a manner that best conforms to the spirit of these Terms or (b) terminate the Competition and, in the event of termination, award the prizes at random from among the eligible, non-suspect entries received up to the time of the impairment. The Promoter reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Competition or to be acting in violation of these Terms or in an unsportsmanlike or disruptive manner. Any attempt by any person to damage the website or undermine the legitimate operation of the Competition may be a violation of criminal and civil law, and, should such an attempt be made, the Promoter reserves the right to seek damages (including attorneys fees) and any other remedies from any such person to the fullest extent permitted by law. Failure by the Promoter to enforce any provision of these Terms shall not constitute a waiver of that provision.

 

5. LIMITATION OF LIABILITY

By participating in the Competition, entrants agree and hold harmless the Promoter, and each of its parents, subsidiaries, affiliates, advertising and promotion agencies, other companies associated with the Competition, and each of their respective officers, directors, employees, shareholders, representatives and agents (the "Released Parties") from and against any claim or cause of action arising out of participation of the Competition or receipt or use of any prize (including any travel or activity related thereto), including, but not limited to:

(a) any technical errors associated with the Competition, including lost, interrupted or unavailable Internet Service Provider (SDP) network, server, wireless service provider, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone, cellular tower or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties;
(b) unauthorized human intervention in the Competition;
(c) mechanical, network, electronic, computer, human, printing or typographical errors;
(d) any other errors or problems in connection with the Competition, including, without limitation, errors that may occur in the administration of the Competition, the announcement of the of the winner or any runners up, or in any Competition-related materials; or
(e) injury, death, losses or damages of any kind, to persons or property which may be caused, directly or indirectly, in whole or in part, from entrants participation in the Competition or acceptance, receipt or misuse of the prize (including any travel or activity related thereto).

Entrant further agrees that in any cause of action, the Released Parties' liability will be limited to the cost of entering and participating in the Competition, and in no event shall the entrant be entitled to receive attorneys fees. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Promotion. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.

 

6. PRIVACY

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

 

7. INTELLECTUAL PROPERTY

The entrant grants to the Promoter a transferable, non-exclusive, royalty-free licence to use the materials uploaded to Instagram and to participate in such reasonable promotional activities as the Promoter may request.

Stylist Pricing

TERMS AND CONDITIONS OF SALE

1.    DEFINITIONS

1.1  When the following words with capital letters are used in these Terms, they have the meaning set out below:

(a) Order: Your order for the Products via the Professional Portal of Our website;

(b) Products: the goods that We are selling to You;

(c) Professional Portal:  that portion of Our website to which access is limited to professional stylists with log-in credentials.

(d) Terms: the terms and conditions set out in this document; and

(e) We/Our/Us: ghd Professional, North America, Inc., trading as ghd, of 310 N Westlake Blvd, Suite 140, Westlake Village, CA 91362-4006.

(f) You/Your: professional hair stylists with access to the Professional Portal of Our website who order Products.

 1.2  When We use the words "writing" or "written" in these Terms, this will include e-mail unless We say otherwise.

 

2.    OUR CONTRACT WITH YOU; PLACING AN ORDER

2.1  These are the terms and conditions on which We supply Products to You.

2.2  Please ensure that You read these Terms carefully and check that the details of Your Order are complete and accurate before You submit the Order.

2.3  These Terms and the Order constitute the whole agreement between You and Us.

2.4  When You submit the Order to Us, this does not mean We have accepted Your Order. Our acceptance of the Order will take place as described in clause 2.5. If We are unable to supply You with the Products, We will inform You of this and We will not process the Order.

2.5 These Terms will become binding on You and Us when We issue You with a written acceptance of an Order, at which point a contract will come into existence between You and Us.

2.6 We shall assign an order number to the Order and inform You of it when We confirm the Order. Please quote the Order number in all subsequent correspondence with Us relating to the Order.

2.7  We reserve the right not to accept Your Order for any reason and We will not be liable to You or to anyone else in such circumstances.

2.8  We reserve the right to cease supply or amend the terms of supply in the event that there is a change in control or ownership of Your business.

2.9  Products are subject to availability.  If, for any reason after acceptance of Your Order, We are unable to supply You with the Products ordered within the predicted delivery period, We will inform You of this as soon as reasonably possible and You will be given the option to cancel Your Order with a full refund.

 

3.    CHANGES TO ORDER OR TERMS

3.1  We may revise these Terms from time to time so You should check the Terms prior to placing any future Order.

3.2  If You wish to cancel an Order before it has been fulfilled, please see Your right to do so in clause 6.

 

4     PRICES; PROMOTIONS; AND PAYMENT

4.1  All prices and charges for Products are subject to all applicable sales, use and similar taxes.

4.2  Depending on the method of delivery You select the prices for the Products may exclude delivery costs, which will be added to the total amount due. Please see the “Payment & Delivery” section of Our website.

4.3  You must make payment for Products by credit or debit card or, if using Paypal, another method accepted by Paypal. We will collect funds from You when We despatch the Products.

4.4  Products are priced on the Professional Portal of Our website at discount from Our published price list and at a discount from retail prices found on the portion of Our website generally accessible to the public. You are entitled to purchase up to three units of each electrical hair styling Product per 12 month period via the Professional Portal of Our website at such discounted prices.  If You desire to purchase any additional electrical hair styling Products in any such 12 month period, You must make such purchases via the generally accessible portion of Our website at the prices set out therein.

4.5  We are not responsible for any other importation taxes, sales taxes or charges that may be levied at the delivery destination.

4.6  Where prices for Products are further reduced as part of a sales promotion, such prices are valid for the specified period of the sales promotion only and will only apply to Orders accepted within such period.

4.7  We reserve the right to adjust Products price, offers, Products and specifications of Products available at Our discretion at any time prior to acceptance of Your Order. 

 

5.    DELIVERY, TITLE AND RISK

5.1  Products purchased from Us may be delivered throughout the USA and Canada.  Orders will be delivered to the address as specified in Your Order and We cannot be held responsible if this delivery address is incorrect. 

5.2  Any discrepancies must be reported to Us within 48 hours of delivery.

5.3  Any time period specified by Us for the delivery of Your Order is approximate only.  Time for delivery shall not be of the essence of the contract. Whilst We will use Our reasonable endeavours to fulfil delivery of Your Order within such time period We cannot accept any liability for late deliveries.

5.4  Risk of, damage to, or loss of, the Products shall pass to You once You are in receipt of the Products.  If You intend to cancel Your Order in accordance with clause 6, You must ensure that the Products are returned to Us in re-saleable condition which includes, without limitation, no broken seals, dented boxes, unwrapped or used Products.

 

6     CANCELLATIONS AND RETURNS

6.1  If You wish to cancel Your Order, You may do so at any time up to and including five (5) working days prior to the estimated shipment date provided that We shall have no liability to You in connection with any such cancelled Order.

6.2  If You cancel an Order later than the above time limits and/or refuse to accept delivery of ordered Products We will charge You and You will pay Us an amount equal to any costs and expenses incurred and/or suffered by Us as a result.

6.3  Subject to the provisions of clause 8, You shall not be entitled to return any Products delivered by Us without Our prior agreement.

6.4  If We agree to any return of Products by You, You will need to follow Our returns requirements in order to receive a credit for the returned Products.   Any credit amount due to You is not refundable but will be held by Us to be set against future invoices.

 

7     Intellectual Property and Confidentiality

7.1  For the purposes of this clause 7 the word “Materials” shall mean any point of sale and/or advertising materials provided to You by Us from time to time.

7.2  Any and all intellectual property rights in and in connection with the Products and Materials as between You and Us remain the sole property of Us or Our third party licensors.

7.3  You shall not make any modification to the Products, any Materials or the packaging of any Products, nor alter, remove or tamper with any trade marks used on or in relation to the same.

7.4  We may provide You with Materials from time to time in respect of which You are granted a non-exclusive licence (without any right to grant sub-licences) to use such Materials strictly in accordance with Our instructions from time to time and any training We provide to You.  Your permission to use the Materials may be withdrawn by Us at any time immediately on written notice.

7.5  You will only use the Materials:

(a) for the purposes of selling the Products;

(b) in the format provided to You by Us and without distortion, cropping, reconfiguring or amendment; and

(c) in the manner that We instruct You from time to time.

7.6  You will not sell the Products and/or use the Materials in association or conjunction with any other goods and/or services nor in any manner which suggests a material link between the Products and the goods and/or services of any other manufacturer.

7.7  All use of the Materials by You shall be for Our benefit and the goodwill accrued to You arising from Your use of the Materials (but no greater or other goodwill) shall accrue to and be held in trust by You for Us which goodwill You agree to assign to Us at Our request at any time whether during or after Your acting as a ghd reseller.

7.8  You will not use in relation to the Products any advertising, promotional or selling materials other than the Materials or those for which You have Our prior written approval.

7.9  We will have the conduct of all proceedings relating to the Materials and will in Our sole discretion decide what action if any to take in respect of any infringement or alleged infringement of the Materials or passing-off or any other claim or counterclaim brought or threatened in respect of the use of the Materials.

7.10  You shall as soon as reasonably practicable notify Us of any actual or suspected infringement of Our intellectual property rights and/or Our rights in the Materials and/or any counterfeit Products that comes to Your attention.

7.11  You will remove from Your premises any content and/or Materials upon Our request at any time. 

7.12  You will keep confidential any and all of Our confidential information that You may acquire.

7.13  You will not use the confidential information for any purpose other than to perform Your obligations under these Terms. You will ensure that Your officers and employees comply with the provisions of this clause 7.

7.14  The obligations on You set out in clause 7.12 and 7.13 will not apply to any information which:

(a) is publicly available or becomes publicly available through no act or omission of You; or

(b) You are required to disclose by order of a court of competent jurisdiction.

7.15  When reselling the Products You shall ensure that at all times they are presented in a manner and sold in an environment (whether in store or online) which is appropriate to their status as high quality professional products and which is not detrimental to goodwill in or reputation of the ghd brand. You agree to adhere to any brand guidelines as communicated to You by Us from time to time.

7.16  You shall inform Us of any change in Your trading style, quality of the sales environment or sales location.

7.17  We operate or reserve the right to operate a system of selective distribution in the many countries throughout the world, whereby all resellers must meet minimum criteria in order to become an authorised reseller. You shall not sell the Products to any person who is not an end user or an authorised ghd reseller. You must therefore check with Us that any of Your customers who You know (or ought to know) intend to resell Products to other resellers is an authorised ghd reseller.

7.18  You acknowledge that “ghd” is a trade mark of Jemella Group Limited and You agree not to use “ghd” or any other of Our trade marks in a URL, domain or business name. We may require You to transfer such a domain name to Us.

 

8     WARRANTIES AND LIABILITY

8.1  In respect of electrical hair styling Products only, We warrant that from the date of delivery to You those Products will be free from defects in materials and/or workmanship for a period of 12 months or for the period specified in the Product information supplied with the relevant Product, if longer.

8.2  We shall not be liable for any fault or defect arising out of the fair wear and tear of the Products, any wilful damage to the Products, Your negligence or abnormal use of the Products or use contrary to the instructions.

8.3  We shall have no liability to You under the warranty in clause 8.1 unless You have notified Us of any claim which is based on any defect in the quality or condition of the Products within 48 hours of the date of delivery or (where the defect or failure is not apparent upon reasonable inspection) within a reasonable time after discovery of the defect or failure. 

8.4  If any of the Products proves to be defective and is covered by the warranty in clause 8.1 then We shall replace such Products and provided We comply with this clause replacement shall be Your sole remedy in respect of claims under the warranty in clause 8.1.

8.5  Any defective Products must be returned to Us at Your cost for inspection if requested by Us before We will have any liability for defective Products.

8.6  Nothing in these Terms shall operate to exclude or restrict either party’s liability (if any) to the other:

(a) for death or personal injury caused by its negligence or by a person for whom it is vicariously liable; or

(b) for its fraud or fraudulent misrepresentation or the fraud or fraudulent misrepresentation by a person for whom it is vicariously liable.

8.7  We shall have no liability for any defect in the Products resulting from the Products being used for display or demonstration purposes or being handled by your customers.

8.8  Subject to clause 8.6, we shall not be liable under or in relation to these Terms (whether such liability arises due to negligence, breach of contract, misrepresentation or otherwise) for any:

(a) indirect or consequential loss or damage;

(b) loss of profits;

(c) loss of sales;

(d) loss of goodwill;

(e) loss of contract;

(f) loss of savings; or

(g) loss of opportunity.

8.9  Subject to clause 8.8 and without prejudice to the provisions of clause 8.6 our liability arising from or in connection with each contract formed pursuant to these Terms (whether the liability arises for breach of contract, negligence, misrepresentation or otherwise) shall be limited to price paid for the Products in the applicable order.

8.10  Unless expressly stated in these Terms and Conditions of Sale, all conditions, warranties AND other statements whatsoever that would otherwise be implied or imposed by statute, common law, a course of dealing or otherwise howsoever are excluded to the fullest extent permitted by law.

 

9.    ANTI-CORRUPTION

9.1  You will, and will procure that Your officers, employees, agents, sub-contractors and any other persons who perform services for or on behalf of it in connection with these Terms will:

(a) not commit any act or omission which causes or could cause You or Us to breach, or commit an offence under, any laws relating to anti-bribery and/or anti-corruption;

(b) comply with Our anti-corruption policy as notified to You from time to time;

(c) keep accurate and up to date records showing all payments made and received and all other advantages given and received by You in connection with these Terms and the steps You take to comply with this clause 10 and permit Us to inspect those records as  required;

(d) promptly notify Us of:

(i)    any request or demand for any financial or other advantage received by You;

(ii)   any financial or other advantage You give or intend to give whether directly or indirectly in connection with these Terms; and

(iii)  promptly notify Us of any breach of this clause 10.1.

 

10.  INFORMATION ABOUT US AND HOW TO CONTACT US

10.1    We are a subsidiary of a company based in England. Our US office is at 244 West 54th Street, Suite 614 New York, NY 10019.

10.2 If You have any questions or if You have any complaints, please contact Us. You can contact Us by telephoning Our customer service team on 1-877-GHD-ANGEL (443-2643) or by e-mailing Us using the contact form on the website.

10.3 If You wish to contact Us in writing, or if any clause in these Terms requires You to give Us notice in writing, You can send this to Us by e-mail, by hand or by pre-paid post to the address set out in clause 13.1. We will confirm receipt of this by contacting You in writing. If We have to contact You or give You notice in writing, We will do so by e-mail, by hand or by pre-paid post to the address You provide to Us in the Order.

 

11   HOW WE MAY USE YOUR PERSONAL INFORMATION

11.1    We will use the personal information You provide to Us in accordance with the Privacy Policy set out on this website.

 

12   WAIVER

12.1    No failure or delay by either party to enforce at any time any one or more of the terms of these Terms shall be a waiver by the said party of the term or right therein or prevent that party at any time subsequently from enforcing all the terms of these Terms. The rights and remedies provided herein are cumulative and not exclusive of any rights and remedies provided by law.

 

13   SEVERANCE

13.1    If any provision or term of these Terms shall become or be declared in conflict with law or public policy or otherwise illegal, invalid or unenforceable for any reason whatsoever such term or provision shall be divisible from these Terms and shall be deemed to be deleted from these Terms.

 

14   WHOLE AGREEMENT

14.1    These Terms form the entire basis of any contract formed between You and Us. You acknowledge that You have not relied on, and shall have no remedy in respect of, any statement, promise, warranty or representation (whether made innocently or negligently) made or given by or on behalf of Us which is not expressly set out in these Terms. An action for breach of contract is the only remedy for any statement, promise, warranty or representation set out in these Terms (whether made innocently or negligently). Nothing in this clause 15.1 shall limit or exclude liability for fraud.

 

15   INTERPRETATION

15.1    In these Terms where the context admits:

(a) references to any other document mean such document as amended varied or supplemented from time to time

(b) references to clauses are references to clauses of these Terms; and

(c) reference to the singular include the plural and to the masculine include the feminine.

15.2    The headings and sub-headings are inserted for convenience only and shall not affect the construction of these Terms.

 

16   GOVERNING LAW AND JURISDICTION

16.1    The Terms and any non-contractual obligations arising out of or in connection with them will be governed by the laws of California and the parties irrevocably submit to the exclusive jurisdiction of the courts of California for the determination of any dispute arising out of or in connection with the Terms (including in relation to any non-contractual obligations).

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