General Terms and Conditions
These Terms of Sale apply to the sale of all products ("Products") made through our website at www.lplashes.com (our "Website"). If you are purchasing Products as a consumer (that is, for your personal use and not for resale or other use in the course of business) (a "Consumer"), this does not affect your statutory rights.
1.1 Any order placed by you represents only an offer by you to purchase the products you have selected. Placing an order obligates you to pay but does not oblige us to supply those products. When we receive your order, we will send you an email (or emails) confirming receipt of your order and/or the details of your order (including any applicable charges). These emails will only confirm the details of your order and that we have received your order. They do not constitute acceptance of your order.
1.2 A contract between you and us (a "Contract") will only come into existence when we (i) expressly accept your order in writing or (ii) dispatch the Products ordered to you (each, an "Acceptance" or "Accepted"). Any Contract will relate only to those Products for which we have accepted acceptance. Until Acceptance, we will be under no obligation to supply any Products. All Orders are subject to acceptance by us at our discretion.
2. Your status
By placing an order with us, you represent and warrant that you have the authority and/or capacity to enter into legally binding contracts with us and that you will not violate any law or obligations to any third party in doing so. As an individual, you represent and warrant that you are at least 18 years old and that you will use the Products in strict accordance with all instructions and other requirements issued by us (including those set out on our website) and (where applicable) any usage requirements or conditions specified by the product manufacturer. We only accept orders for eyelash glue or products containing eyelash glue from suitably qualified professionals (as defined in Section 7). By placing an order for a product in this category, you acknowledge and warrant that you are a professional and that you will use the eyelash glue in strict accordance with our requirements, including those set out on our website and in Section 7 below.
3. Our status
We are a UK limited company (registered number 09293938) with our registered office at Unit 5 Wingates Industrial Estate, Barrs Fold Close, Westhoughton, BL5 3XA and our registered office at Unit 5 Wingates Industrial Estate, Barrs Fold Close, Westhoughton, BL5 3XA.
4. Product description and price
4.1 We have taken reasonable care to describe all Products as accurately as possible, but slight variations in the description may occur.
4.2 The price of the Products will be as shown on our website from time to time, unless there is an obvious error. Our prices include VAT (where applicable) but exclude delivery costs which will be added to the total amount due in accordance with our delivery charges in force from time to time.
4.3 Prices may be changed at any time. However, subsequent changes will not affect accepted orders.
4.4 It is always possible that, despite our best efforts, some of the Products listed on our website may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that, where a Product's correct price is lower 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 our stated price on our website, we will normally, at our discretion, either contact you for instructions before we dispatch the Product or not fulfil your order and notify you of such refusal.
4.5 We are not obliged to supply the Product to you at an incorrect (lower) price, even after acceptance, if the pricing error is obvious and/or could reasonably have been recognized as a pricing error.
5. Payment
Payment for all products must be made by credit or debit card, PayPal or by any of the other payment options specified on our website. We are entitled not to carry out delivery and/or cancel the contract if we do not receive full payment from you in cleared funds. We will not charge your credit or debit card until we dispatch your order but please note that our payment processing provider will allocate the required funds at the time you place your order so the allocation will count towards your current credit limit even though the amount due has not yet been debited.
6. Availability and delivery
6.1 Your order will be executed promptly and by a delivery date confirmed by us or, if no delivery date is specified, within 30 days of our acceptance of your order. Delivery will be made to the delivery address specified by you when placing your order.
6.2 If delivery is delayed we will notify you but we will not be liable for any loss or damage you suffer as a result of reasonable or unavoidable delay in delivery. However, if we fail to deliver within the stated delivery times we will refund you the price you have paid on request. If delivery cannot be made to your chosen delivery address you will be notified as soon as possible.
6.3 If you refuse delivery of your order for any reason under the Consumer Protection (Information, Cancellation and Additional Charges) Regulations 2013 (“The Regulations”), or do not accept delivery because you have terminated your contract under the Regulations, we will refund or credit you the amount you have paid or charged to your credit card for the Products in accordance with clause 10 below.
6.4 Upon delivery of your order, you may be asked to sign for the products received. If the parcel does not appear to be in good condition, please refuse to accept delivery. If you are unable to inspect the contents of the delivery, please ensure that you sign for the parcel as "uninspected".
7. Eyelash glue products – for professionals only
7.1 Eyelash adhesives are products that pose a risk of personal injury if not used and applied properly by suitably qualified professionals, by which we mean a person who (i) holds a certificate of competency in custom eyelash extensions and (ii) is competent and knowledgeable in the use and application of all eyelash extension products, in particular eyelash adhesives and (iii) is fully insured in relation to said use and application of eyelash products and eyelash adhesives (collectively referred to as a “Professional”).
7.2 We supply adhesive products only to professionals and we may require anyone ordering such products to provide evidence (to our satisfaction) that the professional is appropriately qualified, meets all relevant standards and requirements and is otherwise suitable to correctly apply the eyelash adhesive products. If you do not provide this information or do not provide it to our satisfaction, we will not supply you with eyelash adhesive products. If we have any reason to believe that you are not appropriately qualified and do not meet the requirements, we reserve the right not to supply you with eyelash adhesive products and/or to cancel any order you have placed, whether or not it has been accepted by us.
7.3 Without prejudice to the requirements set out in Section 7.2 above, you agree to use all eyelash adhesive products as follows:
(a) You first carry out a careful and detailed customer consultation in which you check for possible contraindications;
(b) If contraindications are identified or indicated, you will provide the Safety Data Sheet to the Client's GP and obtain the GP's signature before proceeding with the Client's advice or treatment;
(c) Subject to points (a) and (b) above, you will carry out a 48-hour patch test prior to applying any eyelash adhesive product in accordance with our recommendations and best industry practice and will not proceed with treatment until the patch test result is positive ;
(d) you will only use eyelash adhesive products for closed eye treatments;
(e) You will never use Eyelash Adhesive Products on clients who have or have had an eye condition, laser eye surgery, open wounds on the face, eczema, dermatitis, psoriasis, recent semi-permanent makeup or facial surgery, or who are not permitted to use Eyelash Adhesive Products due to any other medical condition.
8. Consumer rights
8.1 If you enter into a contract as a consumer, each contract is subject to your cancellation rights set out in this section.
8.2 If you change your mind and wish to cancel your order and receive a refund:
- a) Contact us as soon as possible and return the products to us within 14 days of receipt. Please ensure that this is done within 14 days of receipt (otherwise we reserve the right to refuse the refund) and that the products are unused, unopened and in their original packaging.
(b) The withdrawal period will expire after 14 days from the day on which you (or a person designated by you) receives the last of the Products;
(c) If you decide to cancel your order and we have already dispatched it to you, we will need to receive it back before we can process your refund, which may take up to 30 days.
(d) Some banks charge fees for sending payments overseas in their own currency. Unfortunately these are charges that London Lash has no control over as they are standard bank charges charged by the sending bank. Please note that in the event of a refund we can only refund the amount we received for the products and not the bank charges.
(e) If the order is lost, please allow up to 30 working days before declaring it lost and requesting a refund. We ship orders using Royal Mail, DHL and DPD who have advised us that in some cases it may take this long. We are able to proceed with the refund once this time limit has passed.
8.3 To exercise your right of withdrawal, you must notify us of your decision to withdraw from the contract by means of an unambiguous statement (e.g. a letter sent by post, fax or e-mail). Our contact details for these purposes are: Telephone: +44 7495 456276, E-mail address: info@londonlashpro.com.
8.4 If you cancel within the time limits set out above, you will receive a refund of the price paid for the Products in accordance with our refund policy set out in Section 10 below, provided that you comply with all other applicable terms and conditions.
9. Transfer of risk and ownership
Responsibility for the Products will pass to you as soon as you (or someone you nominate) takes delivery of the Products. Ownership of the Products will not pass to you until we have received full payment of all amounts due in respect of the Products, including all delivery costs.
10. Returns and Refunds
10.1 If you are acting as a consumer and exercise your right of withdrawal in accordance with the Regulations, but have received products in connection with the contract, you must:
(a) return or hand over the products promptly and in any event no later than fourteen days from the date on which you notify us that you have cancelled this contract, provided that this deadline is met if you return the products before the expiry of the fourteen-day period;
(b) bear the direct cost of returning the Products. If the Products cannot be sent by normal post, you must bear the direct cost of returning the Products, which we estimate will be a maximum of £20.00 if you return the Products by courier.
(c) use reasonable care to handle the Products while they are in your possession. You will be liable for any diminished value of the Products resulting from your handling of the Products beyond what is necessary to establish their nature, characteristics and functioning.
10.2 If you cancel the contract in accordance with your cancellation rights, we will refund all payments that we have received from you, including delivery costs (except for supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us). We will make the refund promptly and no later than (a) 14 days after the day on which we receive the products back from you or (b) (whichever is earlier) 14 days after the day on which you provide evidence that you have returned the products. We may withhold refund until we have received the products back or until you have provided evidence that you have returned the products, whichever is earlier.
10.3 If you return a product to us for any other reason (for example because you claim the product is defective), and whether or not you are a consumer, we will examine the returned product and notify you of your refund by email within a reasonable time. We will normally process any refund due to you as quickly as possible and in any event within 30 days of the day on which we confirm to you by email that you were entitled to a refund for the defective product. For products that you return because of a defect, we will make a full refund if we have verified the defect, including a refund of the delivery costs of sending the item to you and the reasonable costs you incurred in returning the item to us by the least expensive method reasonably available. You agree to return all products by insured post with delivery confirmation to ensure tracking of all items. This right is limited to 30 days from the date of purchase of the product. After 30 days, you are no longer legally entitled to a full refund if your item is faulty.
10.4 If you make any return(s) to us, you agree to comply with any return procedures we have advised you of.
10.5 We will refund any monies received from you using the same method you used to pay for your purchase, unless you expressly agree otherwise. The refund will not incur any cost to you, but we may make a deduction from the refund for any loss in value of the Products supplied where the loss is due to handling of the Products other than that necessary to establish their nature, characteristics and functioning.
10.6 Refunds will be processed by our payment processor and whilst we will endeavour to ensure that refunds are paid in accordance with the timescales set out above, we will not be liable for delays which are beyond our control.
11. Our Liability
11.1 We are required by law to supply products that comply with the terms of the contract. Please also note that sales to consumers in the UK are subject to control by organisations such as the OFT, the Department of Enterprise, Trade and Investment in Northern Ireland and the Trading Standards Institute and codes of practice. Further details of these can be found at http://www.tradingstandards.gov.uk/advice.
11.2 The following provisions govern our entire financial liability (including any liability for the acts or omissions of our employees, officers, agents, suppliers or contractors) to you in respect of (a) any breach of these Conditions of Sale or the terms of any Contract, (b) any use or resale by you of any Products or any goods incorporated in the Products and/or (c) any representation, performance or tortious act or omission including negligence arising under or in connection with any Contract.
11.3 Nothing in these Terms and Conditions seeks to exclude or limit our liability (a) for death or personal injury caused by our negligence, (b) under section 2(3) of the Consumer Protection Act 1987, (c) for fraud or fraudulent misrepresentation, or (d) for any matter which it would be illegal for us to exclude or limit, or to attempt to exclude or limit, our liability.
11.4 All warranties, conditions and other terms implied by statute or common law are, to the extent permitted by law, excluded from the Contract. For the avoidance of doubt, no attempt is made to exclude (i) any term implied by section 12 of the Trade Act 1979 or (ii) any term implied for the protection of consumers which may not be excluded by law.
11.5 Subject to clauses 11.3 and 11.4, we will not be liable for (i) any indirect losses occurring as an incidental or indirect consequence of the main loss, including without limitation loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data or wasted management or office time, in each case however arising and whether caused by tort (including negligence), breach of contract or otherwise, or (ii) for any liability arising from your incorrect use of the Products or failure to comply with any product guidelines or requirements provided by us, including without limitation any recommended pre-release tests or patch tests prior to using the Products.
11.6 Subject to clauses 11.2 - 11.5 above, our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise in connection with the performance or intended performance of the Contract shall be limited to the Contract Price (including any delivery costs).
12. Data protection and security checks
12.1 The collection, processing, storage and protection of the personal information you provide to us is of vital importance to us and will be handled securely in accordance with the Data Protection Act 1998.
12.2 To ensure that your credit, debit or charge cards are not used without your consent, we will check your name, address and other personal details against information held in relevant third party databases. This is done solely to confirm your identity. No credit check will be carried out and your credit rating will not be affected. By accepting these terms and conditions, you consent to us carrying out such checks, and registered credit reference agencies may keep a record of the details disclosed to them.
12.3 Any information you provide to us will only be used in accordance with the EU GDPR (European General Data Protection Regulation) and if at any time you wish to be removed from any of our mailing lists or directories please contact us by emailing us at @londonlashpro.com.
13. Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. By using our website, you accept that communications with us will primarily be electronic. We will contact you by email or provide you with information by posting notices on our website. For contractual purposes, you consent to this electronic mode of communication and you agree that all contracts, notices, information and other communications that we provide to you electronically satisfy any legal requirement that they be in writing. This condition does not affect your statutory rights.
14. Notes
All notices given by you to us must be addressed to info@lplashes.com. We may send you notice either at the email or postal address you provided to us when submitting your order. Notice will be deemed received and duly served when posted on our website, 24 hours after the date of sending an email or three days after the date of sending a letter. In proving service of notice, in the case of a letter, proof that the letter is properly addressed, stamped and placed in the post will be sufficient, and in the case of an email, that the email was sent to the specified email address of the recipient.
15. Transfer of rights and obligations
The contract between you and us is binding on you and us and our respective successors and assigns. You may not transfer, assign, encumber or otherwise dispose of a contract or your rights and obligations under this contract without our prior written consent. We may transfer, assign, subcontract, or otherwise dispose of a contract or our rights and obligations under this contract at any time during the term of the contract.
16. Events beyond our control
16.1 We will not be liable or responsible for any failure to perform, or delay in performing, any of our obligations under a Contract that is caused by events beyond our reasonable control (a Force Majeure Event).
16.2 Force Majeure Events include any act, event, non-event, omission or accident beyond our reasonable control and in particular (without limitation) strikes, lock-outs or other industrial action, riot, civil disturbance, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, land subsidence, epidemic or other natural disaster, problems in the use of railways, ships, aircraft, motor vehicles or other public or private means of transport, problems in the use of public or private telecommunications networks and the laws, regulations, laws, rules or restrictions of any government.
16.3 Our performance under a Contract will be suspended for the period that the Force Majeure Event continues. We will be granted an extension of time for performance for the duration of that period. We will use reasonable endeavours to bring the Force Majeure Event to an end or to find a solution whereby our obligations under the Contract can be performed despite the Force Majeure Event.
17. Waiver
17.1 If at any time during the term of a Contract we fail to insist upon strict performance of any of your obligations under the Contract or these Terms and Conditions, or if we fail to exercise any of the rights or remedies available to us under the Contract, that will not constitute a waiver of those rights or remedies and will not relieve you from compliance with those obligations.
17.2 Any waiver by us of any default shall not constitute a waiver of any subsequent default.
17.3 No waiver of any of these Terms will be effective unless it is expressly stated as a waiver and communicated to you in writing in accordance with Section 13.
18. Severability Clause
If any of these Terms or any other provision of a Contract is found by any competent authority to be invalid, illegal or unenforceable to any extent, that term or provision will, to that extent, be severed from the remaining terms and conditions which will continue to be valid to the fullest extent permitted by law.
19. Entire Agreement
19.1 These Terms and Conditions and any documents expressly referred to in them constitute the entire agreement between you and us in relation to the subject matter hereof and supersede all previous agreements, understandings or arrangements between you and us, whether oral or written.
19.2 We each acknowledge that in entering into a Contract neither of us has relied on any representation, promise or undertaking made by the other in any oral or written statements made in the negotiations between us prior to entering into such Contract unless it is expressly set out in these Terms and Conditions.
19.3 Neither of us shall have any remedy in respect of any untrue statement made orally or in writing by the other party before the date of any Contract (unless such untrue statement was made fraudulently) and the other party's sole remedy shall be for breach of Contract as set out in these Terms and Conditions.
20. Our right to change these terms and conditions
20.1 We have the right to revise and amend these Terms and Conditions from time to time to reflect, among other things, changing market conditions affecting our business, changes in technology, payment methods, relevant laws and regulatory requirements and the capabilities of our system.
20.2 You will be subject to the terms and conditions and policies in force at the time you order Products from us, unless a change to the terms and/or policies is required by law or regulation (in which case it will apply to orders previously placed by you) or we notify you of the change to those terms and conditions or policies before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the changes if you do not notify us of your disagreement within seven working days of receiving the Products).