TERMS AND CONDITIONS
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Definitions
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Conditions
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Ordering
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Price & Payment
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Rights of Seller
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Exclusion of Liability
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Delivery
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Cancellation & Return
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Limitation of Liability
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Force Majeure
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Changes to Terms & Conditions
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Governing Law & Jurisdiction
1 DEFINITIONS
1.1 “Buyer / You” means the person, firm or company who buys or agrees to buy the Goods from the Seller;
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1.2 “Consumer” shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
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1.3 “Contract” means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms;
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1.4 “Goods” means the items that the Buyer agrees to buy from the Seller;
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1.5 “Seller / We / Us” means Claire’s Braid Bar, 3 The Rise, Elstree, Hertfordshire, WD6 3JR that owns and operates www.clairesbraidbar.com;
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1.6 “Terms” means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
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2 CONDITIONS
2.1 Nothing in these Terms shall affect the Buyer’s statutory rights as a Consumer (if applicable).
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2.2 These Terms shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
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2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms.
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2.4 Any variation to these Terms (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
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2.5 By placing an order the Buyer warrants that they are aged 16 or over and has the authority to use the credit or debit card used for payment.
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3 ORDERING
3.1 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
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3.2 The Seller’s acceptance of an order is subject to these Terms, confirmation of the order price and receipt by the Seller of the full amount payable in respect of the Goods including any applicable delivery charges. All Goods remain our property until full payment has been received by us.
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3.3 Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 30 days.
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3.4 Any Goods will become the Buyer’s responsibility from the time they are delivered to the address given by the Buyer.
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4 PRICE AND PAYMENT
4.1 Subject to clause 4.6 below, the Price of the Goods shall be that stipulated on the Seller’s Website. The Price is inclusive of VAT if applicable. The Price excludes delivery charges.
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4.2 The total purchase price, including VAT and delivery charges, if any, will be displayed in the Buyer’s shopping cart prior to confirming the order.
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4.3 Payment of the Price and delivery charges must be made in full before dispatch of the Goods.
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4.4 If your payment is not authorised, your order will not be fulfilled.
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4.5 If you order any Goods for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. We have no control over these charges and cannot predict their amount. You are responsible for payment of all import duties and taxes.
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4.6 It is always possible that despite our best efforts, some of our Goods may be incorrectly priced on our website or on social media. We will normally check prices before sending the confirmation email. If the correct price at the time of your order is higher than the price stated to you, we will contact you for your instructions before we process your order. If we 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 and refund you any sums you have paid.
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4.7 Discount codes - When using a coupon or promotion code, only one code can be applied to your order at a time. Once the code is applied, the subtotal of your order will be adjusted. If it is a delivery promotion, as long as the correct delivery method is selected, the cost of the delivery will be adjusted. Please make sure that you review and understand the promotional details to confirm your order qualifies for the applicable promotion.
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5 RIGHTS OF SELLER
5.1 The Seller reserves the right to adjust the price and specification of any item on the Website at its discretion.
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5.2 The Seller reserves the right to withdraw any goods from the Website at any time.
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5.3 The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.
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5.4 Where the Seller suspects fraudulent activity and/or we notice unusual or suspicious activity on your account, we may withhold issuing a refund and block your account. Such activity may include claims relating to orders not being received, items missing, ordering and returning large numbers of Goods, unusual patterns of returns activity or where we suspect that you are wearing or using Goods and then returning them or where you return items that do not match what you ordered.
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6 EXCLUSION OF LIABILITY
Except where the Buyer is dealing as a Consumer, all warranties, conditions, or terms relating to fitness for purpose, merchantability or condition of the Goods, whether implied by Statute, common law or otherwise are excluded, and the Buyer is satisfied as to the suitability of the Goods for the Buyer’s purpose.
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7 DELIVERY
7.1 Any dates given for dispatch or delivery of goods shall constitute estimates of expectations only and shall not be binding.
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7.2 The method and route of dispatch of the goods shall be selected by the Seller.
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7.3 The Seller shall not be obliged to insure the goods against loss or damage in transit.
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7.4 The Seller shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
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7.5 The Buyer cannot be held liable for any parcels that are lost or stolen as a result of any specific delivery instructions given by the Buyer to the carrier.
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8 CANCELLATION AND RETURNS
8.1 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller by email within 7 days of delivery if the Goods are not as described, faulty or otherwise not fit for purpose (“Defective Goods”). If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods.
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8.2 If the Buyer notifies the Seller that the items received are Defective Goods, the Buyer must return the items within 14 days of delivery at the Buyer’s expense. The items should be adequately insured during the return journey and sent by tracked delivery at the Buyer’s risk. We strongly recommend you get proof of postage for any returns.
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8.3 If the Seller accepts the Buyer’s claim of Defective Goods, the Seller will reimburse the Buyer for the price paid for any Defective Goods together with the delivery cost and any reasonable return charges incurred by the Buyer (provided the Buyer uses the cheapest available method of return). The Seller will withhold reimbursement until it has received the Defective Goods and inspected them.
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8.4 The Seller will make any reimbursement using the same method of payment as the Buyer used for the initial transaction. The Buyer will aim to pay any reimbursements required under these Terms within 30 days of receipt of the returned items.
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8.5 When returning Defective Goods the Buyer must include within the package the order number obtained from the Seller and include a description of the alleged fault or misdescription.
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8.6 For the protection of health and hygiene reasons, we are unable to accept returns of any of our hair products (including without limitation ponytail and braid attachments and any hair products that have been opened, used or the protective seal is not intact). Similarly we are unable to accept returns of any made to order, personalised or bespoke items.
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8.7 Subject to the above, any returned items must be sent back to us in their original condition together with the original packaging and all brand tags. If an item is returned to us worn, used, soiled, damaged, washed, altered or in an unsaleable condition or otherwise not in keeping with our returns policy, we won’t be able to give you a refund and may have to send the item(s) back to you and ask you to cover the delivery costs. Or we may reduce the refund amount to reflect the reduction in value of the returned item(s).
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9 LIMITATION OF LIABILITY
9.1 Except as may be implied by law (ie where the Buyer is a consumer), in the event of any breach of these Terms by the Seller, the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price paid for the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever or for any loss of profit, loss of business opportunity or business interruption whether foreseeable or not, arising under or in connection with the contract between the Buyer and the Seller.
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9.2 Nothing in these Terms shall exclude or limit the liability of the Seller for death or personal injury caused by the negligence of the Seller.
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10 WAIVER
No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
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11 FORCE MAJEURE
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.
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12 SEVERANCE
If any term or provision of these Terms is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms had been agreed with the invalid illegal or unenforceable provision eliminated.
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13 CHANGES TO TERMS AND CONDITIONS
The Seller shall be entitled to alter these Terms at any time but this right shall not affect the existing Terms accepted by the Buyer upon making a purchase.
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14 GOVERNING LAW AND JURISDICTION
These Terms shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.