Terms & Conditions
These terms and conditions (“T&Cs”) apply to all customers purchasing products (“Products”) as a consumer from The Eyelash Design Company (“Company/we/our/us”) from our website (“Website”) (each such purchase shall constitute an “Order”).
If you are unclear about any aspect of these T&Cs, please contact us before placing an Order with us.
1. INFORMATION ABOUT US
1.1 The Company operates the Website.
1.2 The Company sells the Products.
1.3 The Company is registered in England and Wales under company number 05908064, with its registered office at Cedar House, 56-58 Peregrine Road, Hainault, Essex, IG6 3SZ. The Company's VAT number is 893551980.
1.4 You can contact our team on +4420 8500 9028 or firstname.lastname@example.org. If we have to contact you we will do so by using the contact information you have supplied as part of the order process.
2. SERVICE AVAILABILITY
The Website is only intended for use by people resident in the United Kingdom. We do not accept orders from individuals not resident in the UK. If you are unable to purchase Products from our Website please contact us directly on +44 20 8500 9028 or at email@example.com.
3. YOUR STATUS
By placing an order for Products, you warrant that:
1.1 You are legally capable of entering into binding contracts and are at least 18 years old; and
1.2 You are resident in the United Kingdom.
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
1.1 By placing an Order with us you are agreeing to these T&Cs.
1.2 For each Order you will receive an email from us acknowledging that we have received your Order. Your Order constitutes an offer to us to buy Products and our email acknowledgment does not mean that your Order has been accepted.
1.3 All Orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms that the Order has been dispatched (“Dispatch Confirmation”). The contract, governed by these T&Cs, will only be formed when we send you the Dispatch Confirmation and when we have received payment in cleared funds.
1.4 If we are unable to accept your Order for any reason we will inform you of this as soon as possible and will not charge you for the Products.
5. CONSUMER RIGHTS
1.1 If any of the Products purchased from the Website are faulty or misdescribed you have the right to return any such Products to us.
1.2 If you are exercising your right as a consumer to change your mind after purchasing Products from the Website you may cancel any Order placed at any time within 14 working days beginning on the day after you received the Products (“Cooling Off Period”). In this case, you will receive a full refund of the price paid for the Products in accordance with term 9 below.
1.3 To cancel an Order because you have changed your mind, you must inform us of your wish to cancel your order in writing within the Cooling Off Period. You must return the relevant Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. We may reduce any refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in an inappropriate way. The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.
1.4 We are under a legal duty to supply products that are in conformity with this contract. Under the Consumer Rights Act 2015, if the Product(s) are faulty you will be entitled to an immediate refund up to 30 days after receipt.
1.5 This term 5 does not affect your statutory rights.
For detailed information of your rights as a consumer please visit the Citizens Advice website www.adviceauide.org.uk or call 03454 04 05 06.
6. AVAILABILITY AND DELIVERY
1.1 Each Order shall be subject to acceptance by us and availability of Products.
1.2 An Order should be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
1.3 All dates quoted for delivery for each Order are estimated delivery dates only and may be subject to change. We cannot accept liability for any loss or damage (whether direct or indirect) if delivery takes place at any time other than the estimated date for delivery.
1.4 If we have your email address on file you will receive an email from our courier company with delivery information.
7. PRODUCT IMAGES, RISK AND TITLE
1.1 The images of the Products on our Website are for illustrative purposes only. Although we have made every effort to display colour accurately, we cannot guarantee that your computer’s display of the colours accurately reflects the colour of the Products and/or packaging. The colour of your Products and/or their packaging may vary slightly from those images.
1.2 The Products will be at your risk from the time of delivery.
1.3 Ownership of the Products will only pass to you when we have received full payment of all sums due in respect of the Products, including delivery charges and any applicable taxes.
8. PRICE AND PAYMENT
1.1 The price of any Products will be as quoted on the Website and/or price list from time to time, except in cases of obvious error.
1.2 The prices as quoted on the Website will show the pricing including and excluding VAT. Delivery costs are additional and will be as listed on the Website.
1.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
1.4 It is possible that, despite our best efforts, some of the Products listed on the Website and/or price list may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on the Website and/or price list, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
1.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
1.6 Payment for all Orders must be by made prior to dispatch by one of the accepted payment cards or via a PayPal account.
9. OUR RETURNS POLICY
1.1 If you are returning Products to us for any reason after any such Products have been dispatched to you or you have received them, you must return them to us at the Company’s registered office address. Please call customer services on 02085009028 or email us at firstname.lastname@example.org for a returns code. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to return them Product(s).
1.2 We will pay the costs of return if the products are faulty or misdescribed. In all other circumstances (including where you are exercising your right to change your mind)] you must pay the costs of return.
1.3 We will refund you the price you paid for the Products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
1.4 If you are exercising your right to change your mind:
1.4.1 We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
1.4.2 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.
1.5 We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind
10. OUR WARRANTY FOR THE PRODUCTS
1.1 We warrant to you that any Product purchased from us is of satisfactory quality and reasonably fit for all the purposes for which products of the same kind are commonly supplied.
1.2 We will not be liable for breach of the warranty at term 10.1 if you continue using the Products or it arises as a result of fair wear and tear, wilful damage, negligence, abnormal storage or working conditions or is a result of changes made to ensure the Products comply with applicable statutory or regulatory requirements.
11. OUR LIABILITY (YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS TERM)
1.1 Our liability for losses you suffer as a result of us being in breach of our obligations under these T&Cs is strictly limited to the purchase price of the Product you purchased.
1.2 Nothing in these T&Cs shall limit or exclude our liability:
1.2.1 For death or personal injury caused by our negligence;
1.2.2 Under section 2(3) of the Consumer Protection Act 1987;
1.2.3 For fraud or fraudulent misrepresentation; or
1.2.4 For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
1.3 Except as expressly stated in these T&Cs, we do not give any representations, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these T&Cs by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
1.4 We are not responsible for any indirect or consequential loss or damage which you may suffer arising under or connection with these T&Cs.
12. WEBSITE USE
1.1 For the purposes of this term 12, any reference to the Website shall include all the Company’s social media platforms.
1.2 The Website is made available free of charge. We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Website for business and operational reasons.
1.4 We are the owner of all intellectual property rights in the Website, including all our social media platforms, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
1.4.1 You may print off one copy, and may download extracts, of any page(s) from the Website for your personal use and you may draw the attention of others to content posted on our site.
1.4.2 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
1.4.3 Our status (and that of any identified contributors) as the authors of content on the Website must always be acknowledged.
1.4.4 You must not use any part of the content on the Website or the Company’s social media platforms for commercial purposes, other than for the proper promotion of the Brands that you have purchase from the Company to your customer, without obtaining a licence or the necessary authority to do so from us.
1.5 The content on the Website is provided for general information only. It is not intended to amount to advice on which you should rely. Although we make reasonable efforts to update the information on the Website, we make no representations, warranties or guarantees, whether express or implied, that the content on the Website is accurate, complete or up to date.
1.6 Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
1.7 The Website may include information and materials uploaded by other users of the site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.
1.8 We do not guarantee that the Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access the Website. You should use your own virus protection software. You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to our site or do anything that may be a criminal offence under the Computer Misuse Act 1990.
1.9 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. We reserve the right to withdraw the permission to any such link.
13. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
1.1 All notices given by you to us must be given to us at email@example.com. We may give notice to you at either the email or postal address you provide to us when placing an order, or in any of the ways specified in condition 16 above.
1.2 Notices will be deemed received and properly served immediately when posted on the Website, 24 hours after an email is sent, or three days after the date of posting of any letter.
1.3 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
15. TRANSFER OF RIGHTS AND OBLIGATIONS
1.1 The rights or obligations formed under these T&Cs are binding on you and us and on our respective successors and assigns.
1.2 You may not transfer, assign, charge or otherwise dispose of any of your rights or obligations arising under these T&Cs without our prior written consent.
1.3 We may transfer, assign, charge, sub-contract or otherwise dispose of any of our rights or obligations arising under these T&Cs at any time.
16. EVENTS OUTSIDE OUR CONTROL
1.1 Our obligations under these T&Cs shall be suspended for any period during which we reasonably believe we are prevented or hindered from complying with our obligations by any cause beyond our reasonable control including, but not restricted to, strikes, war, civil disorder and natural disasters, default of suppliers or sub-contractors.
1.2 If such period of suspension exceeds 60 days then either party may, upon giving written notice to the other, require that the obligations formed under these T&Cs be terminated immediately and all money due to us at the date of termination must be paid immediately.
1.1 If we fail, at any time under these T&Cs, to insist upon strict performance of any of your obligations, or if we fail to exercise any of the rights or remedies to which we are entitled under these T&Cs, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
1.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
If any of these T&Cs are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
19. ENTIRE AGREEMENT
These T&Cs and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
20. OUR RIGHT TO VARY THESE T&CS
1.1 We have the right to revise and amend these T&Cs from time to time.
1.2 You will be subject to the policies and T&Cs in force at the time that you order products from us, unless any change to those policies or these T&Cs is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these T&Cs before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the T&Cs, unless you notify us to the contrary within seven working days of receipt by you of the Products).
21. GOVERNING LAW AND JURISDICTION
Any dispute or claim arising out of or in connection with these T&Cs (including non-contractual disputes or claims) will be governed by English law and shall be subject to the exclusive jurisdiction of the courts of England.