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 North America LLC, a US corporation with its registered office at 4500 Park Granada, Suite 100, Calabasas, CA 91302 (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) Order: your order for the Products via the Website;

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

(c) Special Terms: any additional terms and conditions that apply to your Order, as notified by Us during the order process;

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

(e) Website: www.ghdhair.com/us; and

(f) We/Our/Us: GHD North America LLC, trading as ghd, of 4500 Park Granada Suite 100, Calabasas CA 91302.

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. These Terms tell you who We are, how We will provide Products to you, how you and We may change or end the contract, what to do if there is a problem and other important information.

2.3 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 2.4. If We cannot accept your Order, We will inform you of this, We will not process the Order and any payment taken will be refunded (or any pending payment will be released). We might not accept your Order because the Product is out of stock, because of unexpected limits on Our resources which We could not reasonably plan for, because your Order breaches any of these Terms, because We have identified an error in the price or description of the Product or because We are unable to meet delivery deadlines.

2.4 Our acceptance of your Order will take place when We dispatch the Products you have ordered from Our warehouse. This is the point at which point a contract will come into existence between you and Us. We will confirm dispatch of the Products and acceptance of your Order by email. Please note that the processing of your payment (or placing a pending payment on your account) and acknowledgement of your Order does not constitute acceptance of your Order.

2.5 We shall assign an order number to the Order and inform you of it when We accept the Order. It will help Us if you can 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 7.

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

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 You own the Products once We have delivered them (provided that We have received payment in full).

4.5 If, after a failed deliver to you, you do not re-arrange delivery or collect them from a delivery depot We will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite Our reasonable efforts, We are unable to contact you or re-arrange delivery or collection We may end the contract and clause 13.2 will apply.

4.6 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 as set out in clause 14 as soon as possible. Where there is a discrepancy with your Order, We will ask you to return the Product to us in unused condition and in its original packaging which should be undamaged. You should inform us within 7 days if you consider that the Products are damaged, otherwise the Products will be considered to have been correctly delivered, free from damage. This will be without prejudice to any damage or fault you could not have discovered on reasonable inspection of the Products.

4.7 If you have not received your Order within 7 days of receiving the order confirmation please contact Us as set out in clause 14. International deliveries may take longer.

4.8 You have legal rights if We deliver any Products late. Whilst Our standard delivery service will usually deliver Product within 7 days of dispatch, Our legal obligation is to deliver Product without undue delay and in any event not more than 30 days after the date on which the contract between you and Us is entered into.  If We miss this delivery deadline, or any other deadline that We agree with you, then you can cancel your Order for any of the Products or reject Products that have been delivered by contacting customer services as set out in clause 14. If We have delivered some of the Products to you, you must post them back to Us in an unused condition and in their original, undamaged packaging.  We will pay the costs of postage so please contact customer services as set out in clause 14 for a returns label.  After cancellation (and return of the Products if applicable) We will refund any sums you have paid to Us for the cancelled Products and their delivery and the provisions of clause 12 will apply where these Products were subject to a promotion when sold.

  1. YOUR RIGHTS TO END THE CONTRACT

5.1 Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it and when you decide to end the contract because:

(a) what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the Product repaired or replaced or to get some or all of your money back), see clause 6;

(b) you want to end the contract because of something We have done or have told you We are going to do, see clause 5.2; or

(c) you have just changed your mind about the Product, see clause 7. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any Products. 

5.2. If you are ending a contract for a reason set out at 5.2 (a) to (c) below the contract will end immediately and We will refund you in full for any Products which have not been provided and you may also be entitled to compensation. The reasons are:

(a) We have told you about an error in the price or description of the Product you have ordered and you do not wish to proceed;

(b) there is a risk that supply of the Products may be significantly delayed because of events outside our control; or

(c) you have a legal right to end the contract because of something We have done wrong (including because we have delivered late (see clause 4.8)) in which case you would be required to return the Product to us and we will fund the costs of return (please contact customer services as set out in clause 14 for a returns label).

5.3 If you wish to end the contract for any reason set out in clause 5.1, you must let us know by contacting customer services as set out in clause 14.  Where you have changed your mind and are cancelling under clause 7, you may use the form referred to in clause 7.1.  Where you end the contract for any reason after Products have been dispatched to you, you must return them to us.  Clauses 6 and 7 include more information about how Products should be returned and who is responsible for paying the costs of return.

  1. IF THERE IS A PROBLEM WITH THE PRODUCT

6.1 THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE. We warrant that on delivery and for the period set out below, the Products shall be free from material defects. OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPAIR, REPLACEMENT OR REFUND AS SET FORTH IN THIS WARRANTY STATEMENT. However, this warranty does not apply and We shall not be liable in the circumstances described in clause 6.2.

Provided that you let Us know by contacting us at 818 843 9673 during the relevant warranty period within a reasonable time of discovery that the Product does not comply with this warranty (giving us as much detail as possible) and you return the Product to Us, We shall (at our option) either repair or replace the defective Product, or refund the price of the defective Product in full.

Product

Warranty Period (from delivery)

Platinum+ Styler

3 years

All other stlyers (excluding Platinum+ styler)

2 years

Curlers

2 years

Air® hair dryer

1 year

Helios™ professional hair dryer

2 years 

Travel Hair dryers

2 years

Brushes

6 months

Hair care/styling products

6 months

6.2 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.

6.3 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.

  1. YOUR CANCELLATION RIGHTS

7.1 We operate a 21 day no quibble returns policy under which you have a right to cancel a contract and return any Product at any time between the contract being formed and 21 days from the day after you receive your Order. If you wish to cancel the contract, you must:

(a) let Us know by contacting customer services by telephone, email or contact form (all contact details are set out in clause 14) or by printing this form and posting it to Us at the address on the form;

(b) include original packing slip and Order Confirmation E-mail Receipt; and

(c) then return the Products (including their original packaging and accessories) to Us within 14 days of letting us know you wish to cancel.

We shall provide you with a refund of the price paid for the Product excluding shipping and handling charges . The refund will be made within 14 days of the date We receive the Products or, if earlier, within 14 business days from the date you provide proof of postage to Us.

7.2 You must pay the costs of return however, please note that where you are returning Products that are faulty and misdescribed or if you are ending this contract in accordance with clause 5.2 We will pay the costs of return.

7.3 If you are exercising your right to cancel under this clause 7:

(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Products (including their packaging), if this has been caused by your handling them in a way which would not be permitted in a shop.   Please note that the reduction in value may be as much as the original price.   For example, use of Our electrical products would not be permitted in a shop and therefore your use of Products in this way prior to returning them under this clause 7 would result in a significant reduction in value.  Also, please note that Our product packaging is valuable and the value of the Product is significantly reduced if this is damaged. If We refund you the price paid before We are able to inspect the Products and later discover you have handled them in an unacceptable way, you must pay Us an appropriate amount.

(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method We offer. For example, if We offer delivery of a product within 3-5 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then We will only refund what you would have paid for the cheaper delivery option.

  1. GIFT CARDS

8.1 Gift cards are only redeemable for goods on the 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.

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

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

8.4 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.

8.5 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.

8.6 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.

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

  1. PRICE AND PAYMENT

9.1 The price of the Products will be the price indicated on the order pages when you place your Order. We take all reasonable care to ensure that the price of the Product advised to you is correct. However please see clause 9.3 for what happens if We discover an error in the price of the Product you order or in any promotional discount applied to the Order. Our prices may change at any time, but price changes will not affect Orders that We have accepted.

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

9.3 It is always possible that, despite Our best efforts, some of the Products We sell may be incorrectly priced or promotional discounts may be incorrectly applied. We will normally check prices and promotional discounts before accepting your Order so that, where the Product's correct price (less any promotional discount) at your Order date is less than Our stated price at your Order date, We will charge the lower amount. If the Product's correct price (less any promotional discount) at your Order date is higher than the price stated to you, We will contact you for your instructions before We accept your Order. If We accept and process your Order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, We may end the contract, refund you any sums you have paid and require the return of any Products provided to you.

9.4 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.

9.5 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 dispatch the Products, however, We may place a pending payment on your account (including your Paypal account) when you place your Order. Taking payment or placing a pending payment on your account does not constitute acceptance of your Order.

  1. OUR LIABILITY TO YOU

10.1 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.

10.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Products.

10.3 We are not liable for business losses. We only supply the Products for private domestic use. If you use the Products for any commercial, business or re-sale purpose We will have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity.

  1. EVENTS OUTSIDE OUR CONTROL

We are not responsible for delays outside Our control. If Our supply of the Products is delayed by an event outside Our control then We will contact you as soon as possible to let you know and We will take steps to minimise the effect of the delay. Provided We do this We will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact Us to end the contract and receive a refund for any Products you have paid for but not received.

  1. PROMOTIONS

12.1 The terms set out in this clause apply to all Our offers and promotions and you should read these along with the terms of the specific offer.  Where a specific offer says something different to this clause 12, the terms of the specific offer will apply.

12.2 No promotion, discount or promotional code available for redemption on the Website may be used in conjunction with another offer or used to purchase gift cards.

12.3 Only one promotional code can be used per Order.

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

12.6 Discounts do not apply to any delivery charges unless expressly stated.

12.7 Where you return Product to Us and receive a refund for any reason, the refund will be for the price paid, taking into account the offer. This means that you will effectively pay full price for the products you keep and lose the benefit of the offer.

12.8 Where you receive a free gift with your Order, you must return the free gift if you return the Product(s) which entitled you to a free gift.  Where you received a product for free or at a discounted price because you purchased a qualifying product, you must return the free or discounted products when you return the qualifying product.

  1. OUR CANCELLATION RIGHTS

13.1 We may end the contract for a Product at any time by writing to you as soon as reasonably possible (and, where (d) or (e) apply, offering you the choice of a refund or an alternative product) if:

(a) you do not make any payment to Us when it is due;

(b) you do not, within a reasonable time, allow Us to deliver the products to you;

(c) We become aware, or reasonably believe, that you are in breach of these Terms;

(d) stock becomes unavailable; or

(e) an event outside of Our control (as set out in clause 11) occurs. 

13.2 If we end the contract in the situations set out in clause 13.1 We will refund any money you have paid in advance for Products We have not provided (or release any holding payment placed on your account).  If We end the contract in the situations set out in clause 13.1(c),  We may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

  1. INFORMATION ABOUT US AND HOW TO CONTACT US

14.1 We are a subsidiary of a company based in England. Our US office is at 4500 Park Granada Suite 100, Calabasas CA 91302.

14.2 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.

14.3 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 via the contact form on the Website, by hand or by pre-paid post to the address set out in clause 14.1. 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 the Website.

  1. OTHER IMPORTANT TERMS

16.1 We may transfer Our rights and obligations under these Terms to another organisation. We will always notify you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

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

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

16.4 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.

16.5 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 you have the right to do those things and it will not prevent us from taking steps against you at a later date. For example if you do not pay and we do not request payment but provide the Products, we can still require you to make a payment at a later date.

16.6 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.

16.7 If you wish to make a complaint, please email customer-care@ghdhair.com.

 

 

*Our 21-day “no quibbles” guarantee
Our “no quibbles” guarantee means that if for any reason you are unhappy with your purchase, simply return your purchase in its original packaging, with your original packing slip and Order Confirmation E-mail Receipt within 21-days of your purchase for refund.
To be accepted for return, all products must be returned in the original box containing all original product packaging and accessories.

Shipping and handling charges are not refundable. For additional questions or order inquiries, email customerservice@ghdhairusa.com, or call 1-877-GHD-ANGEL (443-2643).*

 

 

PRIVACY NOTICE

Last Modified: December 23, 2021

Introduction

Your privacy is important to GHD North America LLC and its affiliates and subsidiaries ("ghd", "us", "our") and we are committed to protecting your personal information. For the purposes of this Privacy Notice (“Notice”), personal information means any information that could be used to directly or indirectly identify a particular individual, as defined under applicable data privacy law. This Notice relates to our use of your personal information when you:

  • Interact with us through social media or adverts and content on third party websites (collectively “ghd Content");
  • Use our:
    • Websites, microsites, or mobile applications;
    • Services delivered by via voice activated devices and/or new technologies, such as virtual reality and augmented reality;

displaying this Notice (collectively, "ghd Sites");

  • Visit our offices, sites, salons or stores (“ghd Locations”);
  • Purchase products or services directly from ghd, including from the ghd Sites and ghd Locations; or
  • Otherwise engage with us, for example by contacting Customer Services or consumer affairs, attending an education event, tradeshow or other ghd event.

This Notice explains who we are; what information we collect about you; how we use it (including who we share that information with); our use of cookies; and your rights and choices regarding your personal information. Unless otherwise defined in this Notice, capitalized terms used in this Notice have the same meaning as in our Terms of Use.

The relevant ghd entity that is responsible for your personal information will be the ghd entity that collected your personal information. We may share your personal information within our group, and other ghd entities may also use your personal information in accordance with this Notice.

If you have any questions or concerns about our use of your personal information, then please contact us using the contact details provided in section "How do I contact ghd?" of this Notice.

  1. Who is ghd?

ghd is a world-leading hair styling device company, and we are part of the Wella Company group, comprised of a close-knit family of iconic brands such as Wella Professionals, Clairol, OPI and Nioxin. With 6,000 employees globally, presence in over 100 countries, and an estimated value of over $4.3 billion, the Wella Company and its brands are on a mission to enable individuals to look, feel, and be their true selves. At ghd we know that beauty is not skin-deep. We are committed to embracing the scale of our responsibility to create positive change, and an exciting chapter for the beauty industry.

  1. What information does ghd collect about me?

The personal information that we may collect about you broadly falls into the following categories:

  • Information that you provide directly

When you engage with ghd, either online or in person, we may ask you to provide us with personal information about you. For example, we may ask you to provide us with your contact details to register an account with us, to sign up to receive our newsletters or information about our products or events; and/or to submit enquiries to us. You may also provide us with your personal information in other ways, such as if you contact us in relation to employment opportunities; purchase products; communicate with us through social media, consumer affairs or our customer services teams; join a loyalty scheme or reward program, participate in our promotions, or interact with us at tradeshows or our other events. The personal information that you are asked to provide, and the reasons why you are asked to provide it, will be made clear to you at the point when we ask you to provide it; however we may collect:

  • Identification and demographic information, for example your first name, last name, email address, postal address, employer, job function/title or department, date of birth, phone number, gender, country of residence, lifestyle/interests, appearance, style, login name, password, answers to security questions;
  • Transaction information, for example details regarding your transactions with us, including information about the purchases you (or your employer) made and the date and time that you made the purchase;
  • Information in connection with the performance of a contract, for example right to work information, information obtained from credit reference agencies or other background checks which are required for us to perform a contract we have with you or your employer;
  • Images and photographs, for example if you submit a picture to a competition, the ghd Sites or to social media and tag ghd, or when you engage with ghd via technologies such as AR,AI, face evaluation or other tools;
  • Health information, with your explicit consent, for example information related to product usage and medical history (such as heart rate, scalp condition and other features) which may be provided as part of voluntary consumer research, product development and trials;
  • Information you provide when you visit us, for example information you give us when you visit our offices by signing in or when you are recorded on CCTV installed at ghd Locations; and/or
  • Your opinions or other information, for example if you review the products you have purchased from us, provide information about products and/or hair treatment concerns, and the brands and products you use or if you provide us with your CV when exploring your employment prospects with us.
  • Information that we collect automatically

When you visit the ghd Sites, engage with ghd Content or with us digitally, we may collect certain information automatically from your computer, tablet or mobile phone (a “Device") by using automated technologies such as cookies. In some countries, including countries in the European Economic Area, this information is personal information under applicable data protection laws.

Specifically, the information we collect from you automatically may include your IP address, Device type (i.e. make and model), unique device identification numbers, browser-type, time zone settings, broad geographic location (e.g. country or city-level location) and other technical information. You may change your preferences at any time by adjusting the settings on your Device.

We may also collect information about how your Device has interacted with us, including the pages accessed and links clicked, how you navigate to and from the ghd Sites and ghd Content (such as how you scroll over the ghd Sites and ghd Content, which parts you click and how long you spend on each page), your preferences, the products and/or services that you have viewed or searched for, crashes, download errors and response times and any phone number or social media handle used to call or contact our customer services or consumer affairs teams.

Some of this information may be collected using cookies and similar tracking technology, as further explained under in section "Does ghd use cookies and other similar technologies?" below.

  • Information that we obtain from third party sources

From time to time, we may receive information about you from third party sources, but only where we have checked that these third parties either have your consent or are otherwise legally permitted or required to disclosure your personal information to us.

The types of information we collect from third parties includes:

  • Our social media partners, for example if you ‘log-in’ to our ghd Sites using a Social Site (as defined in the "What if I access or use a social network or public forum through a ghd Site?" section of this Notice), use the social plug-ins, such as “like” or “share”, that Social Site may pass information to us, including: the user ID for that third party site, the name, email address and location associated with the user ID and any other information permitted under the privacy policy for that website. We may also share information about you to that social networking site regarding your login. More information about accessing or using a Social Site can be found in the section "What if I access or use a social network or public forum through a ghd Site?"
  • Our retailers, distributors and third party brand partners, for example where permitted by applicable data protection law and if applicable where you have specifically consented, our retailers, distributors and third party brand partners may pass information to us including your first name, last name, email address, postal address, phone number, gender, browsing patterns, geo-location and device identifiers, click through and other cookie data, demographic information including information about your appearance (including hair color, hair characteristics; and hair-care routine) and information in relation to products purchased at their stores (whether in-store or online through their own website or a dedicated microsite) and services requested using their websites and/or applications.
  • Our technology partners and market research organizations, for example, where permitted by applicable data protection law and if applicable where you have specifically consented, our preferred technology partners may share information with us, including your browsing patterns, geo-location and device identifiers.
  1. How does ghd use my information?

We will use your personal information for the purposes set out in this Notice, which will include:

  • To provide you with the products and services that you (or your employer) have requested, to administer our relationship with you (or your employer) and to carry out our obligations arising from the relationship, including internal accounting and administration purposes, to process payment for purchases or other services and to create and manage the account.
  • To verify your identity, for example we may use your date of birth to determine that you are old enough to use our services, or your email address to determine if you already have an account with the relevant ghd Site, or your job title and employer to confirm you are authorised to purchase any products or services on their behalf.
  • To provide a personalized service, for example we use your information to provide you with personalized recommendations for our products that we think you might like, tailor ghd Content to better suit your interests or, at your request and where available, to offer personalized and customized products . We will also use your personal information across the ghd Sites to provide a seamless user experience.
  • For analytics purposes, for example we may analyze your information including your location, products and/or services requested, age, time zone, IP address and URL visited, against our wider customer base for internal business purposes, such as generating statistics and developing marketing plans, to improve our services and products, the ghd Sites and ghd Content. We may also aggregate and de-identify your information to create customer segments and share with our licensees and partners.
  • To provide you with marketing communications that you might be interested in, for example, if you choose to receive marketing communications from us, we may use your information to keep you up to date with our latest products, services, surveys, announcements, upcoming events, sweepstakes, contests and other promotions and competitions via our newsletters, emails, or other communications. If you no longer wish to receive these marketing communications, details of how to opt out are described in the section “How do I stop receiving marketing communications?"
  • For targeted advertising, for example we, or with third party vendors, may use your information to provide you with targeted advertising on third party sites, including Social Sites. These advertisements are either: (i) “contextual" (meaning they are presented due to the webpage that you are viewing); or (ii) “behavorial advertising" or “interest-based advertising" (i.e. where advertisements are shown to you based upon your interests which we have inferred from your information including demographic, geographic and interest-based data). We may use targeted advertising to specifically include or exclude individuals who have registered for our products and services to ensure that you are provided with information about those products or services that are most relevant to you. To do this, we may track your browsing activity across different websites, different Devices and/or different applications. We may match your browsing activity on one Device, such as your mobile phone, with your browsing activity on another device, such as your tablet, to ensure our advertising is tailored to you. If you no longer wish to see tailored advertising, you may be able to amend your cookie preferences (see: section: "Does ghd use cookies and other similar technologies?"). In addition, some third party sites allow you to stop seeing advertisements from specific advertisers on that site, so you should also check your preferences on those websites.
  • For non-marketing communications, for example we may use your personal information to communicate with you important information in relation to your account, the products or services you (or your employer) have requested or purchased from us or other non-marketing communications. This includes: (i) emailing you to verify your identity when you sign-up; (ii) emailing you where you have requested a password and/or username reset; (iii) notifying you that a particular service has been suspended for maintenance or terminated; (iv) letting you know that we have updated this Notice or our Terms of Use; or (v) providing details about or updates to any products or services that you have requested or purchased. We will never contact you to ask for your password. Please be careful if you receive any communications from people requesting this information.
  • To provide the best service to our customers and consumers, for example, we may use your personal information to process and respond to your questions and/or inquiries.
  • For site optimization and management, for example we may use your personal information provided to us to:
    • administer the ghd Sites, ghd Content and our other digital offerings, including the services and products offered through those ghd Sites;
    • ensure the security of our networks and of your information;
    • customize your future visits to the ghd Sites and our other digital offerings based on your interests to ensure the most user-friendly online navigation experience;
    • improve the ghd Sites and our other digital offerings (including to fix operational problems such as pages crashing and software bugs); and
    • provide services to our partners such as tools, analysis, data and insights to see how their website or mobile applications are used.
  • For product development and business development purposes, for example we will use information we collect from you to improve and develop new products and services.
  • For fraud prevention and detection purposes and to protect and defend the rights and property of ghd, our employees and our business partners.
  • For employment application purposes, for example, if you contact us in relation to your employment prospects we will use your personal information to consider you for current and future employment opportunities and to contact you with respect to employment opportunities at ghd that you have expressed interest in.
  1. On what basis can ghd use my information in this way?

We are required to satisfy one or more of the reasons set out by applicable data privacy law before we can collect and use your personal information.

Generally, our legal basis for collecting and using the personal information described above will depend on the personal information concerned and the specific context in which we collect it. However, we will normally rely on the following reasons to collect and use your personal information:

What are the legal grounds?

What are they?

Performance of a contract

Using your information may be necessary for us to perform our obligations under a contract with you or with a view to entering into such a contract. For example, where you have: (i) requested services and/or products from us, we will need to use your information to provide those services and/or products that you have requested; or (ii) approached us in relation to employment opportunities, the collection and use of your personal information is necessary to enable us to offer you the job role, process your acceptance of the offer, on-board you as an employee and fulfil our obligations as an employer.

Compliance with our legal obligations

The collection and use of your personal information may be necessary to enable us to meet our legal obligations. For example, if you are a business customer we need to process your information to verify your identity and undertake necessary due diligence checks.

Pursuing our legitimate interests

Where such processing is not overridden by your rights, we are permitted to use your personal information to pursue our legitimate interests, for example to operate the ghd Sites and our other digital offerings, to improve our products and services, the ghd Sites, ghd Content and our other digital offerings or to undertake marketing. We may have other legitimate interests and if appropriate we will make this clear to you at the relevant time.

Consent

In some limited circumstances, we may rely on your consent to collect and use your personal information. For example, we may rely on consent: (i) where you have approached us in relation to employment opportunities and have provided us with sensitive personal information, such as information in relation to your racial and ethnic origin, sexual orientation, religion, physical and mental health, disabilities or trade union membership; or (ii) in relation to the sending of e-marketing or communication from different brands within the Wella Company group.

If we rely on consent, this will be made clear to you at the time we request your information. You can withdraw your consent at any point by using the mechanism provided at the time, or by contacting us using the contact details provided in the section “How do I contact ghd?” of this Notice.

Vital interests

In some instances, we may need to use your personal information to protect your vital interests or those of another person.

You may not always be required to provide the personal information that we have requested. However, if you choose not to provide certain information, you may not be able to take advantage of some of our services. Any information that is so required is clearly marked as mandatory. If you would prefer that we not collect certain personal information from you, please do not provide us with any such information, or opt out of providing this information where applicable.

If we ask you to provide personal information to comply with a legal requirement or to perform a contract with you, we will make this clear at the relevant time and advise you whether the provision of your personal information is mandatory or not (as well as of the possible consequences if you do not provide your personal information).

If we collect and use your personal information in reliance on our legitimate interests (or those of any third party), these interests will normally be as set out in this Notice; however, if this changes we will make clear to you at the relevant time what those legitimate interests are.

If you have any questions or need further information concerning the legal basis on which we collect and use your personal information, please contact our Data Protection Team. Details for how to contact our Data Protection Team can be found in the section “How do I contact ghd?"

  1. Does ghd use cookies and other similar technologies?

When you access the ghd Sites, view or interact with ghd Content or otherwise communicate with us digitally, ghd and our partners may place small data files on your Device, known as "cookies", to collect and use personal information about you, including to serve interest-based advertising. In order to opt out of interest-based advertising, please visit optout.networkadvertising.org (Opens in new window) and the DAA WebChoices Tool (Opens in new window) (for websites) or the DAA AppChoices Tool (Opens in new window) (for mobile apps). To learn more about cookies and other similar technologies, including how to amend your cookie settings, please refer to our Cookie Policy. Please also note that we do not respond to or honor “do not track" (a/k/a dnt) signals or similar mechanisms transmitted by web browsers.

When you: (i) sign-in to our ghd Sites using a Social Site or other websites; (ii) access Social Sites using the ghd Sites or other websites; and/or (iii) submit content to Social Sites or other websites using a ghd Site, that Social Site or other website may use cookies and similar technologies to collect data about user behaviour for their own purposes. This use of cookies is in line with that third party’s own cookie policy, over which we have no control.

Please see section “What if I access or use a social network or public forum through a ghd Site?" for further information.

  1. Does ghd share my personal information with anyone?

During the past 12 months, we may have disclosed the categories of personal information listed in the section marked “What information does ghd collect about me?” to the following categories of recipients listed below:

  • Within the Wella Company group:We may make your personal information available to other entities within the Wella Company group, including those entities listed on the Wella website, to allow us to provide our services to you, for the purposes described in this Notice, or as notified to you when we collect your personal information.
  • With third parties for marketing purposes:Certain promotions and events run by third parties and sponsored by ghd may offer you the opportunity to consent to receive marketing communications from ghd’s business partners such as ghd’s licensors or promotion co-sponsors. If you have given your consent, your personal information may be used by such third party for the purposes stated at the point you enter the event and/or sign-up to receive the promotional updates.
  • With our service providers:ghd engages third party service providers to perform functions on ghd’s behalf (for example, to support the delivery of our products, or the ghd Sites). This includes but is not limited to sharing information with the following types of service providers:
  •  
    • advertising providers – including companies that provide: (i) advertising space for ghd; (ii) the provision of advertising related services, including agencies instructed to make advertising purchases on behalf of ghd, providers of ad-exchanges (a digital marketplace to buy and sell advertising space) and providers of a demand-side platform (software used to purchase advertising in an automated fashion), such as DoubleClick from Google;
    • providers of marketing and customer relationship management databases and data management platforms – that enable ghd to manage your information in a safe and efficient manner;
    • data analysis firms – that provide insights and help us to analyze trends using the data that we and they hold;
    • customer support specialists – that provide customer support services on our behalf for ghd’s products and services;
    • fulfillment companies – this includes companies that coordinate email campaigns, sweepstakes, contests or promotions on our behalf;
    • application development and web-hosting companies – to enable the ghd Sites to be hosted on the internet;
    • information technology and related infrastructure providers;
    • email delivery providers;
    • credit reference agencies  – for the purpose of assessing your or your employer’s credit score whether this is in the context of us entering into a contract with you or the person that you work for;
    • payment processing providers - who provide secure processing services; and
    • audit and professional service providers.
  • As part of a business transfers:ghd may disclose your personal information to an actual or potential buyer (and its agents and advisers) in relation to any actual or proposed divestiture, merger, acquisition, joint venture, bankruptcy, dissolution, reorganization, or any other similar transaction or proceeding. If in connection with any business transfer ghd sells all or substantially all of its assets to a third party, any personal information held by us will be one of the transferred assets. 
  • To comply with laws:ghd may disclose your personal information to any competent law enforcement body, regulatory, government agency, court or other third party where we believe disclosure is necessary (i) as a matter of applicable law or regulation, (ii) to exercise, establish or defend our legal rights, or (iii) to protect your vital interests or those of any other person.
  • To any other person with your consentto the disclosure.
  1. What are my data protection rights?

Depending on where you live and subject to applicable data protection law, you may also have the following rights:

  • The right to request access to personal information that we collect, use, disclose and sell, which enables you to receive confirmation as to whether or not we are processing your personal information and access to such personal information. Please note, if you are a Californian resident, under California law, you have the right to request that we disclose certain information about our collection, use and sale of your personal information over the past 12 months, including the specific pieces of information we collected. You have the right to make a request for free two times in any 12-month period.
  • The right to change and/or correct inaccurate personal information;
  • The right to request that we delete your personal information in certain circumstances;
  • The right to block or suppress the processing your personal information;
  • If you are a Californian resident, the right to opt out of the sale of your personal information;
  • The right to object to our processing of your personal information (including any processing for direct marketing purposes). More information on how to stop receiving direct marketing can be found in the section marked, “How do I stop receiving marketing communications?";
  • The right to request portability of your personal information;
  • The right to withdraw your consent, if applicable. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent; and
    Under the California Civil Code Section 1798.83, if you are a resident of California, you may request and obtain from us once a year, free of charge, information regarding our disclosure (if any) of your personal information to third parties for marketing purposes in the preceding calendar year.

If you exercise any of your data protection rights detailed in this section, we will not discriminate against you and we will not deny you goods or services, charge you a different price, or provide you with a lesser quality of goods or services

We have a strict policy where we do not rent or sell your personal information. We can confirm that we have not sold any California residents’ personal information to third parties in the preceding 12 months.

You can exercise these rights by contacting us using any of the methods provided in the section “How do I contact ghd?" of this Notice. We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws. In order to verify your identity and so that we can locate your personal information in our systems, we may require you to provide us with a copy of either your passport or driver’s license when you make a request. In some circumstances, we may require additional documentation to verify your identity such as a utility bill to confirm proof of address and/or a customer reference number relating to your purchase and/or product you used.

You can exercise these rights yourself or designate an agent (such as a solicitor) to make a request on your behalf by executing a notarized power of attorney to enable that person to act on your behalf.

If you have any questions or concerns about how we use your personal information, please do not hesitate to let us know. You also have the right to lodge any complaints with a relevant supervisory authority.

  1. How do I stop receiving marketing communications?

We will only send you marketing communications if you have agreed to this, or if we are otherwise permitted by law. If at any time you decide that you no longer wish to receive marketing communications from us, you may opt out by clicking on the relevant ‘unsubscribe’ link in the email you receive, by contacting us using the contact details in the section "How do I contact ghd?" of this Notice. Please note, while we will honor your request to stop receiving marketing communications, we will continue to send you service-related communications such as emails confirming purchases through the ghd Sites and keep your information for record-keeping purposes.

  1. For how long does ghd keep my information?

We will retain your information where we have an ongoing legitimate business need to do so (for example, to provide you with access to the ghd Sites or other digital offerings, to provide you with a product you have purchased, or to comply with applicable legal, tax, or accounting requirements).

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

  1. Does ghd transfer my information to other countries?

As an international entity, in order to provide our services we may need to transfer and process your personal information internationally (including to destinations outside the European Economic Area (the “EEA") and the UK), notably throughout the Wella Company group and to the jurisdictions in which those entities are based and listed on the Wella website. This means that when we process your personal information we may process it in any of these countries.

As a result, your information may be transferred to and/or processed in countries which may not guarantee the same level of protection for personal information as the country in which you reside. However, we have taken appropriate safeguards to ensure that your personal information will remain protected in accordance with this Notice. This includes implementing the European Commission's Standard Contractual Clauses for transfers of your personal information between our group companies, which require all group companies to protect personal information that they process from the EEA in accordance with European Union data protection law.

Further information can be provided on request: please contact us using the details found in the section “How do I contact ghd?" We have also implemented similar appropriate safeguards with our third party service providers and partners and further details can be provided upon request.

  1. Is my information secure?

We understand that you care how your personal information is used and/or shared with others, and we value your trust and seek to safeguard your personal information.

We implement appropriate technical and organizational security measures, including physical, administrative and technical safeguards to protect your personal information from unauthorized access, use and disclosure. To ensure the security of your personal information, we communicate our privacy and security guidelines to all ghd employees and enforce privacy safeguards within our company.

The measures we use to protect your personal information are designed to provide a level of security appropriate to the risk of processing your personal information. However, please be aware that no electronic transmission of information can be entirely secure. We cannot guarantee that the security measures that we have in place to safeguard personal information will never be defeated or fail, or that those measures will always be sufficient or effective.

  1. What if I access a website through a ghd Site?

As described above, the ghd Sites may contain links to and from other third-party websites and services (collectively, “Third Party Sites") that are not controlled and operated by us.

Please be aware, we have no control over the content, policies or actions of these Third Party Sites. Your use of these Third Party Sites is at your own risk and we do not accept any responsibility or liability for the privacy practices of these Third Party Sites. We encourage you to read the privacy policies and terms of use of each Third Party Site to which you link from the ghd Sites.

  1. What if I access or use a social network or public forum through a ghd Site?

The ghd Sites may facilitate easy access to certain social networking Third Party Sites and other websites or services with user-generated content features, such as Facebook, Instagram and Twitter (“Social Sites"). You understand that we do not control such services and are not liable for the manner in which they operate. Please review the Social Sites’ privacy policies if you would like more information about how they collect, use and share your data, your privacy rights and how to change your privacy settings.

The ghd Sites may enable you to:

  • Access Social Sites: this may include access to websites such as a ghd’s Brand’s Instagram account or activation of third party websites when you make a ‘comment’, ‘share’ or ‘like’ something on the ghd Sites using a third party social network plug-in. In each instance, such third party’s privacy policy will apply to your interaction with that website or service;
  • Submit content to Social Sites: for reviews, discussion forums, message boards, photographs and other public features (“Public Forums"). We do not restrict the distribution of personal information that you voluntarily disclose in these Public Forums, so please be aware that any information you disclose there may be collected and used by ghd and others. For this reason, we encourage you to refrain from providing or sharing personal information about yourself in the Public Forums. ghd cannot prevent third parties from using such information in a way that may violate this Notice or applicable law;
  • Accept certain cookies from the ghd Sites (for example “Facebook Pixels”). These types of cookies help us understand your activity including the ghd Content you see, whether or not you have a Social Site account and if you are logged into that account. This information helps us to show you ghd Content you might be interested in on the Social Sites and measure the effectiveness of the ghd Content.

We may also use any personal information you provide us with on our Sites, apps and/or devices (e.g. your name, email address, gender and phone number) to identify you on Social Sites in order to show you ads that are more relevant for you. While doing this, the Social Sites will not share your personal information with other parties and will delete the information promptly after the matching process is complete.

Our use of your personal information in relation to the Social Sites will be as set out in this Notice or as otherwise notified to you. Again, please note that Third Party Sites (including the Social Sites) may be under the control of a third party and we encourage you to familiarize yourself with the privacy policies and terms of use of each Third Party Site.

  1. I have entered a contest, promotion or survey – how do I find out more about that?

ghd and its preferred third party service providers or business partners may offer sweepstakes, contests, promotions and surveys (each, a “Promotion") through a ghd Site.

Where we do this, we will use your personal information as set out in this Notice, or as otherwise notified to you. However, in certain cases, a third party’s privacy policy may apply to any personal information that you provide in connection with such Promotion. Before entering any Promotion, we encourage you to check who is operating the Promotion in question, and the terms, conditions, policies and rules that apply to it.

To learn more about the terms and conditions that apply to Promotions being run by ghd, please refer to the relevant Promotion Terms and Conditions.

  1. How old do I have to be to use the ghd Sites or other ghd digital offerings?

You must be aged 13 or over to use the ghd Sites and our other digital offerings.

We take your privacy very seriously and we understand the importance of taking extra precautions to protect the privacy and safety of children who use ghd’s products and services. We do not solicit or knowingly collect personal information from children aged 13 and under. If we are made aware that we have received such information, or any information in violation of our policy, we will use reasonable efforts to locate and remove that information from our records.

  1. I am a Salon Owner – is there anything else I need to know?

Specific provisions apply to Salon Owners that use our ghd Sites and our other digital offerings – these are described below.

Each time you submit information relating to a ‘new client’, ‘member of staff’ or other personal information, please make sure that the relevant individual: (i) is over the age of 13; (ii) is aware that you will be sharing their details with us and our processing in accordance with this Notice; and (iii) has, if applicable, consented to receiving marketing communications from us and our affiliates.

You may only share these details with us when using a ghd Site and/or our other digital offerings where you have made those individuals aware of our Notice and how we will use their personal information. If we become aware that you have submitted personal information to a ghd Site and;/or any of our other digital offerings without permission, we will delete the information from our records.

  1. What data does ghd collect if I visit a ghd Location?

We have ghd offices, warehouses, factories, salons and stores (“ghd Locations”) in many countries. If you visit a ghd Location we will collect your personal information for the following purposes:

  • Visitor Information: For health and safety and security reasons, we maintain a register of visitors to ghd Locations, including your first and last name, your contact details including mobile number, your employer and your vehicle licence plate number. We ask all our visitors to sign in and out at reception and may ask our visitors to show a form of identification which is used for verification purposes only and will not be recorded.
  • CCTV System: Closed Circuit Television (CCTV) is installed at the entrances, exits and at other strategic locations at the ghd Locations. This is part of ghd’s commitment to ensuring a safe and secure environment for our employees and visitors. We may also use the footage to prevent and investigate crime. The images may be recorded and viewed by authorized individuals. The CCTV recorded data is stored for no longer than 90 days. We may retain it for longer if we have a legitimate reason to do so, for example where a crime is being investigated by police or law enforcement agencies.
    CCTV outside some of the ghd Locations and in some public areas, for example reception areas, may not be operated by us and will be under the control of the relevant building landlord. Please consult their privacy notices for more information.
  • Guest Wi-Fi: We have guest Wi-Fi available at many of the ghd Locations for the use of visitors. Where guest Wi-Fi is available we will provide you with a username and a password to log-in. We record the device address and will automatically allocate you an IP address while on site. We also log your traffic information including the sites you visited, duration and date sent/received. When you join our guest Wi-Fi we ask you to agree to ghd’s terms to use it responsibly and not to visit inappropriate websites. The purpose for processing this information is to provide you with access to the Internet while visiting the ghd Locations. We process this personal information when necessary for the purpose of our legitimate interest.
  • Access Control System: As a visitor or contractor, we may issue you an ID card to access the ghd Location. If we do issue you with an ID card then we will collect your first and last name, your address, your contact details and a photograph. We collect this personal information for the purposes of recording and controlling access in and out of our office and for security purposes.
  • Accidents and Incidents: ghd will collect personal information from anyone injured or suffering from ill health while visiting a ghd Location. We may collect name, address, age, next of kin and details of the incident including any relevant medical history. We collect this data as we have a legal duty to document workplace incidents/accidents and to report certain types of accidents, injuries and dangerous occurrences arising out of work activities to the relevant enforcing authority. We will use the personal information collected to investigate and improve our health and safety procedures, and to support any legal claims arising from the incident.
  1. Does this Notice ever change?

We may update or modify this Notice from time to time in response to changing legal, technical or business developments. We will obtain your consent to any material Notice changes if and where this is required by applicable data protection laws. The date of the most recent version of this Notice will appear at the top of the page.

When we update our Notice, we will take appropriate measures to inform you, consistent with the significance of the changes we make. For example, we will notify you of any changes to this Notice by posting a new Notice and updating the “last modified" date at the top of this page or by sending the new Notice to you via email, where appropriate.

  1. How do I contact ghd?

If you have any questions regarding our privacy practices, how we handle your personal information and/or would like to submit a privacy request, please contact our Data Protection Team:

  • By phone, using one of the following numbers depending on your location:
    • Australia +61 1300443424
    • Belgium & Netherlands +33 487646011
    • Denmark +45 33119111
    • Finland +358 105269920
    • France & Luxembourg +33 478354610
    • Germany & Austria +49 711620311960
    • Hong Kong +852 22745422
    • Italy +39 5549811
    • New Zealand +64 800880209
    • Norway +47 23053030
    • Portugal +351 214368452
    • South Africa +27 860109366
    • Spain +34 902523536
    • Sweden +46 86990065
    • UK & Ireland +44 1924423400
    • USA +1 877 443 2643
  • Online, by submitting your question via the contact us

Thank you for taking the time to read this Notice.

Cookie Policy

Last Modified: December 23, 2021

Your privacy is important to GHD North America LLC (“ghd”, “we” or “us”) and we are committed to protecting your personal information. This Cookie Policy provides you, as a user of our website with clear and accessible information about the cookies and similar technologies that ghd uses, why they are used and the choices you have via your cookie settings.

Unless otherwise defined in this Cookie Policy, capitalized terms used in this Cookie Policy have the same meaning as in our Privacy Notice.

We encourage you to take the time to review this Cookie Policy in full. However, we have designed this Cookie Policy so that you can easily find answers to the questions that you might have

  1. What are cookies and similar technologies?

Cookies are small data files that are downloaded to your device when you visit a website or application. When you return to the website, or another website that recognizes that cookie, the cookie is sent to that site to enhance your experience by remembering your preferences, providing tailored advertising, helping you navigate more efficiently or keeping you logged in. You can find out more about cookies at www.allaboutcookies.org or www.youronlinechoices.eu.

To learn more about how ghd uses cookies, please refer to the section “How does ghd use cookies?”.

The ghd website may use similar technologies to cookies, including pixel tags, mobile device identifiers, web beacons and server logs to understand how you are using our website and provide adverts tailored to you and your interests. These technologies often take the form of a small, transparent graphic images placed on a web page or in an email. They work with cookies and capture data like your IP address, when you viewed the page or email and what device you were using. Where we use web beacons in the emails we send to you, these are used to enable us to assess the level of engagement our emails receive by measuring information such as the delivery rates, open rates and click through rates which our emails achieve.

  1. What types of cookies does ghd use?

There are different types of cookies:

  • Session cookies: these are cookies which last for as long as you keep your web browser open and expire when you close your web browser.
  • Persistent cookies: these are cookies which stay on your device for a set period of time and expire at a fixed point in time or if you manually delete them from your browser, whichever occurs first.
  • First party cookies: these are cookies set by the website that you are visiting at that time, either by us, or by a third party at our request.
  • Third party cookies: these are cookies that are set by a party other than that of the website you are visiting.
  • Social Media Cookies: the ghd website uses cookies set by Social Sites (such as the Facebook “like” button) which enables you to share and engage with our Content via these Social Sites. By allowing these cookies, these Social Sites may be able to track your browser activity and build up a profile of your interests.
  1. How does ghd use cookies?

When you access the ghd website, view or interact with our content or otherwise communicate with us digitally, we and our affiliates and partners use cookies, web beacons and similar technologies to:

  • understand the behavior of users to the ghd website;
  • track which parts of the ghd website people have visited;
  • understand the profile of the users of the ghd website;
  • make our ghd website as convenient and personal as possible, for example by keeping you signed in;
  • provide certain services that require the use of cookies such as using an online shopping basket;
  • measure the effectiveness of our online advertising or how often our content is viewed;
  • determine which email messages were opened, whether you clicked on any links and interacted with the content and to optimize your email experience;
  • analyze your information including your location, products and/or services requested, age, time zone, IP address and URL visited, against our wider customer base for internal business purposes, such as generating statistics and developing marketing plans, to improve our services and products, the ghd website and content. We may also aggregate and de-identify your information to create customer segments and share with our licensees and partners.

We may also use cookies for targeted advertising purposes. For example, we, or with third party vendors, may use your information to provide you with targeted advertising on third party sites, including Social Sites. These advertisements are either: (i) “contextual” (meaning they are presented due to the webpage that you are viewing); or (ii) “behaviorial advertising” or “interest-based advertising” (i.e. where advertisements are shown to you based upon your interests which we have inferred from your information including demographic, geographic and interest-based data). We may use targeted advertising to specifically include or exclude individuals who have registered for our products and services that are most relevant to you.

We may match your browsing activity on one Device, such as your mobile phone, with your browsing activity on another Device, such as your tablet, to ensure our advertising is tailored to you. To allow us to do this, our preferred technology partners may share information, including your browsing patterns, geo-location and device identifiers, and we will match that information to the information in our user base as a whole by identifying the browser and Devices that appear to be used by the same person. To learn more about how we share your information, please refer to our Privacy Notice.

When you: (i) sign in to the ghd website using a Social Site or other websites; (ii) access Social Sites using the ghd website or other websites; and/or (iii) submit content to Social Sites or other websites using the ghd website; that Social Site or other website may use cookies and similar technologies to collect data about user behavior for their own purposes. This use of cookies is in line with that third party’s own cookie policy, over which we have no control.

  1. How to manage your cookies preferences?

We have set out below the ways you can manage your cookie preferences across your browser and your mobile device.

You are welcome to block the use of some or all of the cookies and similar technologies we use on our website. However, please be aware that doing so may impair some features and/or services on our website and its functionality or may even render some or all of it unusable. Additionally, added functionality which is provided by personalization technologies will likely not work - impairing our ability to provide content or products which are most relevant to you.

You should also be aware that clearing all cookies from your browser will also delete any cookies that are storing your preferences, for example, whether you have accepted cookies on a website or any cookies that are blocking other cookies.

Please also note that we do not respond to or honor “do not track" (a/k/a dnt) signals or similar mechanisms transmitted by web browsers.

Browser settings

You can accept or reject some or all cookies (for example, blocking all third party cookies) by adjusting your browser settings. Most browsers will tell you how to stop accepting new cookies, how to be notified when you receive a new cookie, and how to disable existing cookies. However, please be aware that when you disable cookies, some features and services on the ghd website may not function properly and may cancel opt-outs that rely on cookies, such as web analytics. If you do not know how to do this, the links below set out information about how to change your browser settings for some of the most commonly used web browsers:

Some browsers, such as Chrome and Firefox, allow you to change your settings to browse in ‘incognito’ mode, limiting the amount of data placed on your machine and automatically deleting any persistent cookies placed on your device when you finish your browsing session.

Existing cookies

To clear cookies that have previously been placed on your browser, you should select the option to clear your browsing history and ensure that the option to delete or clear cookies is included when you do so.

Web beacons

By setting your email account to display emails as text only, you may be able to prevent the use of some web beacons; however, please be aware that our emails won’t look as pretty and some functionality may be disabled. Please consult the "Help" section of your email client for more information. Alternatively, you can remove yourself completely from our mailing list by going to the bottom of any email from us and clicking on the relevant 'unsubscribe' link in the emails you receive or by contacting us using the details found in the section “How do I contact ghd?”.

Mobile Device Cookies

For your mobile device, you can access which third parties have currently enabled cookies on your mobile device and how to opt-out of some of those cookies by accessing the Network Advertising Initiative's website at http://www.networkadvertising.org/mobile-choices from your mobile device. On your mobile device you may also select “Limit Ad Tracking” (on iOS devices) or “Opt out of Interest-Based Ads” (on Android) which allows you to limit the use of information about your use of apps for purposes of serving ads targeted to your interests.

  1. Does this Cookie Policy ever change?

We may update or modify this Cookie Policy from time to time in response to changing legal, technical or business developments. We will obtain your consent to any material Cookie Policy changes if and where this is required by applicable data protection laws. The date of the most recent version of this Cookie Policy will appear at the top of the page.

When we update our Cookie Policy, we will take appropriate measures to inform you, consistent with the significance of the changes we make. For example, we will notify you of any changes to this Cookie Policy by posting a new Cookie Policy and updating the “last modified” date at the top of this page or by sending the new Cookie Policy to you via email, where appropriate.

  1. How do I contact ghd?

If you have any questions regarding our Cookie Policy or how we handle your information, please contact us using the form here.

ghd North America Accessibility Statement

8/31/2021

ACCESSIBILITY COMMITMENT STATEMENT

ghd North America, LLC is committed to ensuring digital accessibility for everyone who visits ghdhair.com. Our goal is to combine compelling user experiences with high levels of accessibility and inclusivity, so everyone can use our digital services. This is clear with our purpose and core values, to empower all customers to look and feel beautiful so they can fulfil their every ambition.  

Our ongoing site development and content creation is guided by best-practice accessibility guidelines such as WCAG and ISO 30071-1.


HOW ARE WE MAKING GHDHAIR.COM ACCESSIBLE?

Here are some of the actions we have taken to make sure ghdhair.com is accessible for all:

  1. ghd has a team of professionals who are dedicated to making all of our online experiences the best they can be. We have partnered with an industry leading Digital Accessibility Agency to audit our site and have developed an accessibility plan that outlines our strategy to meet the Web Content Accessibility Guidelines (WCAG) 2.1 A&AA conformance (“Guidelines”) on our website.
  2. Our developers are working on optimizations to ensure our images and digital content are fully accessible to individuals who rely on assistive technologies or alternative input devices through alternative text, captions, and transcripts.

We appreciate your patience with us, as we continue to take steps towards full compliance with the Guidelines.


ADAPT YOUR EXPERIENCE TO YOUR NEEDS

Some users will get the most accessible experience by customizing their computer to suit their individual needs – for example: have the site copy read aloud, change the color-scheme, or increase the size of text.

If you are interested in any of the options above, we recommend you visit WAI’s Better Web Browsing: Tips for Customizing your Computer to learn more about accessibility features already on your computer, smartphone or tablet, or through installing assistive technologies to enhance your user experience.


DO YOU HAVE SOME FEEDBACK FOR US?

We welcome your feedback on the accessibility of our site. Please let us know if you encounter any accessibility barriers or have constructive feedback regarding the accessibility or usability of our site by emailing us at accessibility@ghdhairusa.com.

15% Welcome Offer

Offer available while supplies last on https://www.ghdhair.com/us/. Offer excludes e-gift cards and is not combinable with other promotions or discounts.

ghd reserves the right to decline, terminate, or change this offer at any given time.

AFFILIATE OFFERS

25% off ghd hair dryers. Offer excludes Powder Pink Collection, Holiday 2020 Collection, product bundles and gift sets. Offer valid while supplies last.

Cannot be used in conjunction with any other promotion or offer.

UP TO 25% OFF WINTER SALE

*Up to 25% off sitewide on www.ghdhair.com/us/. Offer excludes Thin Wand, unplugged charging set and Justine Marjan bundles. Offer valid while supplies last.

Not combinable with other offers. Does not apply to previous purchases or out of stock merchandise.

Personalized Products

Introduction

  1. This document sets out the terms and conditions (“Terms”) that apply to the personalization (“Personalization”) of ghd goods (“Personalized Goods”) and should be read in conjunction with the Terms and Conditions of Sale (“Standard Terms”).

  1. Where these Terms conflict with the Standard Terms, these Terms will prevail.

Return Policy

  1. Due to their bespoke nature, you cannot cancel a contract for Personalized Goods. Clause 8 of our Standard Terms does not apply. It is your responsibility to ensure the Personalization is correct when submitting your order. Submitted orders are considered final and may not be returned. We will try to accommodate changes or cancellation requests but cannot guarantee our ability to complete them. We do not accept responsibility for misspellings, grammatical errors or design errors caused by you. This does not affect your right to a replacement under clause 8 of the Standard Terms if Personalized Goods become defective within the usual warranty period.

Availibility

  1. Personalized Goods are available directly from ghd for personal use only and are not intended for resale.

  1. Personalization is available only on selected ghd products.

Cost

  1. Personalization costs will be as set out on the website / at checkout.

Delivery

  1. Our standard delivery terms will apply to Personalized Goods ordered, although there may be a longer delivery time than usual due to the bespoke nature of Personalized Goods.  Please see clause 4 of our Standard Terms for more information.

Warranty

  1. Personalized Goods will be covered by our usual warranty conditions. Please see the ghd warranty handbook for more information. In the event that a warranty claim needs to be made in relation to Personalized Goods, the replacement will, where possible, contain the same Personalization as the original order. In the unlikely event that ghd is unable to offer an identical replacement, at its sole discretion ghd will replace the Personalized Goods at no charge with a non-personalized product of comparable performance. This does not affect your statutory rights.

General

  1. Due to their bespoke nature, you cannot cancel a contract for Personalized Goods. Clause 7 of our Standard Terms does not apply. It is your responsibility to ensure the Personalization is correct when submitting your order. Submitted orders are considered final. We will try to accommodate changes or cancellation requests but cannot guarantee our ability to complete them. We do not accept responsibility for misspellings, grammatical errors or design errors caused by you. This does not affect your right to a replacement under clause 6 of the Standard Terms if Personalised Goods become defective within the usual warranty period.
  2. You must not upload content for use on Personalized Goods which:

  1. infringes another person's intellectual property rights;
  2. breaches any applicable local, national or international law or regulation;
  3. includes any information which can be used to personally identify another person, without that person's permission; or
  4. is obscene, indecent or offensive.

  1. We reserve the right to refuse to accept your Personalization order or to cancel your order for Personalization (as appropriate) if we determine, in our absolute discretion, that it does not comply with the content rules set out in clause 9 above.

  1. If we incur costs or third party liability as a result of your breach of clause 9.a (including the costs of defense of claims brought by third parties or any damages awarded against us as a consequence of such claims), you will be responsible for paying these costs/damages.

  1. These terms are governed by the laws of the State of New York, USA.

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 North America LLC, trading as ghd, of 4500 Park Granada, Suite 100, Calabasas, CA 91302

(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 4500 Park Granada, Suite 100, Calabasas, CA 91302

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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