Terms And Conditions
1. CONDITIONS APPLICABLE
1.1 P S Sahney and Co Ltd Trading as Love Hair Extensions is registered in England No.1767194, the registered office is Unit 2, Manhattan Business Park, London, W5 1UP, and the VAT No. is 237553257. American Dream and Love Hair Extensions are registered trademarks of P S Sahney and Co Ltd.
1.2 These Conditions shall apply to all contracts for the sale of goods (which expression shall where the context so permits include the supply of services) by P S Sahney and Co PLC (The Company) to a buyer who is acting in the course of a business (including in the course of any business) to the exclusion of all other terms and conditions.
1.3 The Company reserves the right to add to, alter, amend or withdraw at any time without notice any of these Terms and Conditions or the Company's Service Guarantee referred to in clause 4.
1.4 Orders for goods will only be accepted from Consumers buying individual items from our website or Buyers acting in the course of a business and the Company will reserve the right not to accept orders from Hair Extension supply businesses.
1.5 Where the Company knows or is made aware or suspects that the Buyer is a dealer in or is a supplier of hair extensions or is otherwise engaged in the hair extension supplies business, then the Company reserves the right to refuse to sell to that Buyer in its sole discretion.
1.6 All orders for goods until accepted or rejected at its discretion by the Company shall be deemed to be an offer by the Buyer to purchase goods pursuant to these Conditions and all goods are offered subject to availability.
1.7 The Company reserves the right at any time to impose a minimum order quantity on any orders for goods prior to the order being accepted by the Company.
1.8 Any typographical, clerical or other error or omission in any sales literature, quotations, price lists, acceptance of offer, invoice or other document or information issued by the Company shall be subject to correction without any liability on the part of the Company.
1.9 In these Terms and Conditions 'Working Day' means Monday to Friday 9.30am - 5.30pm, in each week except any Bank or Public Holiday in either the Company's place of business or the country of delivery or within the UK or such other days when the Company's sales office is closed as notified to the Buyer from time to time.
1.10 In these terms and conditions 'Hair Extension Supply Tools' means human and synthetic hair pieces and accessories, hair care and skin care products.
2. ORDERS, SPECIFICATIONS AND RETURNS
2.1 The Company reserves the right to make any changes in the specification of the goods which are required to conform with any applicable safety or other statutory requirements, or where the goods are to be supplied to the Company's specification which do not materially affect their quality or performance. Whilst the Company will endeavor to supply the product ordered, the Company reserves the right to Supply hair extension supplies of a comparable specification without notice and to vary to a reasonable extent the qualities delivered by those ordered to conform with the Company's or its suppliers standard packaging.
2.2 For next day delivery, orders must be placed by 4pm for same day despatch.
2.3 The goods sold by the Company are at its discretion categorized as:-
(i) Stock hair extension supply products being hair extension and hair care products ordinarily held in stock by the Company for the direct delivery.
(ii) Stock hair extension supply Products being hair extension supply products ordinarily held in stock by the Company for the direct delivery.
(iii) Non Stock hair extension and hair care products - being hair extensions and hair care products not ordinarily held in stock by the Company.
2.4 Any non-returnable goods sold by the Company will only be accepted as a return either at the Company's absolute discretion or where the goods are found to be defective at the date of delivery.
2.5 Order for the stock hair extension supply products may be cancelled at any time prior to dispatch of the goods. Order for other hair extension supply products may only be cancelled with the written agreement of the Company.
2.6 The Company shall credit the Buyer for stock hair extension products which are returned within 7 days of delivery pronuld always that the goods remain unopened and are returned in the original packaging and in the condition in which they were originally delivered otherwise the Company will have the sole discretion not to accept the return of goods. Stock hair extension Products may only be returned with the written agreement of the Company and only if within 7 days of delivery. Non-Stock hair extension products (or Specials) cannot be returned for credit. This does not affect your statutory rights. For Hygiene, Health and Safety reasons no wigs or hair accessories may be accepted by return unless found to be defective at the date of delivery.
2.7 The Company shall credit the Buyer for stock hair extensions if the buyer is not happy with the dyed colour. A few strands of un-dyed hair may be found in the hair pieces as they are naturally dyed. The Buyer must check the colour of the hair and noticing the un-dyed strands, if unsatisfactory to the Buyer, the Buyer must not take the hair piece out from it packaging, and must return it immediately. If detached, warranty is void and becomes non-refundable due to hygiene reasons.
2.8 The Company shall credit the Buyer for Stock hair extensions if the buyer is not happy with the quality of the hair. If the Buyer is unhappy with the quality of the Stock hair extensions, the buyer must not detach the hair from its packaging and must return it immediately. If detached, warranty is void and becomes non-refundable due to hygiene reasons.
2.9 If hair extension packaging is tampered with, opened, hair detached from packaging, all refunds are void.
3. PRICE AND PAYMENTS
3.1 The Company's policy is to offer competitive prices wherever possible. The prices quoted in the Company's sales literature are so far as possible the Company's correct selling price. Due however to the ever changing nature of the hair extensions supplies market unless otherwise agreed in writing, the Company reserves the right at any time to revise the price of goods without notice to the Buyer. The price of the goods shall be the price stipulated in the Company's price list current at the date of dispatch of the goods. The Company will however wherever it is practical to do so endeavour to notify price changes prior to implementation.
3.2 Please ensure that you have your credit card number, issue date, expiry date, postcode, and security number ready and correct when placing your order. If you are using somebody else's card you must get their full name, address, postcode and telephone number for authorisation purposes. American Dream Mail Order team will need to have authorisation of the Credit Card holder before payments are taken and goods are dispatched.
3.3 For thirty day credit, a Buyer must be a regular buyer for six months. The Company reserves the right to refuse credit terms with a Buyer.
3.4 The Buyer shall pay the price of the goods on acceptance of order by the Company and before goods are dispatched.
3.5 The Company reserves the right to grant, refuse, withdraw, restrict, alter, suspend or cancel credit terms at their sole discretion. The Company, without limitation, reserves the right to refuse or cancel credit terms at their sole discretion. The Company, without limitation, reserves the right to refuse or cancel orders for goods where the buyer is or is liable to become in breach of its agreed credit terms.
3.6 Postage and packaging is sometimes free on special offers. Please check terms and conditions of each offer.
3.7 Where the Buyer's account has been suspended or cancelled or if the Buyer's credit limit is reached or exceeded the Company shall be under no obligation to accept any further Orders for goods and the Company shall not be held to be in breach of its Service Guarantee as provided in clause 4.
3.8 If the Buyer fails to make payment on the due date then without prejudice to any other right or remedy available to the Company, the Company shall be entitled to charge the Buyer:-
(i) Interest (both before and after any judgment) on the amount unpaid at the rate of 10% per annum until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest).
(ii) An administration fee of £30
4.1 For Buyers:- 4.1.1 Orders can be delivered by 3rd Party Mail and Courier services. The Buyer has control over which service they would like to choose. P S Sahney and Co Ltd do not take responsibility for lost orders that are delivered by 3rd Party delivery companies. Insurance can be taken out with P S Sahney and Co Ltd on order deliveries. Please call Customer Relations for further information.
4.1.2 Any order placed before 4.00pm, and you wish to add to your order after this, will go out separately the following day.
4.1.3 Next Day deliveries are not guaranteed by either Royal Mail nor P S Sahney and Co Ltd for orders placed on Fridays as Saturday is not a guaranteed delivery day.
4.1.4 Royal Mail Recorded Deliveries can take between 3-10 working days to reach its destination.
4.1.5 Any dates quoted for delivery of the goods or supply of services are approximate only, the Company shall not be liable for any delay with regards thereto howsoever caused. Time for delivery or supply shall not be of the essence unless previously agreed in writing by the Company.
4.1.6 The Company reserve the right to make a separate charge for deliveries where the Buyer specifically requests and the Company agrees to making a delivery by an agreed time.
4.2 For the purpose of this clause an order is received when it is in the possession of the Company. In the case of Internet orders this will be received in the time zone which the Company operates.
4.3 Following the delivery of goods unless the Buyer notifies the Company within 3 days of any discrepancies in the goods received all the goods ordered as stated on the delivery note shall be deemed to have been delivered.
5. WARRANTIES AND LIABILITY
5.1 The Company will replace hair extension supply products found to be defective on delivery without charge. Goods incorrectly supplied or invoiced as a result of error on the part of the Company will be credited without charge. Any hair extension item in its original, undamaged packaging, except special order hair extension products, may be returned within 14 days of delivery. These are the sole remedies in such cases.
5.2 Subject to the conditions set out below the Company warrants that all electrical items and hair extension application tools will correspond with their specification at the time of delivery and will be free from defects in material and workmanship for a period of 12 and 6 months respectively.
5.3 The above warranty is given by the Company subject to the condition that the Company shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow manufacturers or the company's instructions (whether oral or in writing), misuse or alteration or repair without the Company's approval.
5.4 Subject is expressly provided in these Conditions, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law, subject to clause 6.6 below. The Buyer when ordering via the Company's web site must ensure it has in place a virus protection as the Company accepts no liability for viruses transmitted or passed to the Buyer through use of the Company's web site whether for ordering purposes or otherwise.
5.5 Where any valid claim in respect of any goods which is based on any defect in the quality or condition of the goods or their failure to meet specification is notified to the Company in accordance with these Conditions, the Company shall be entitled to repair or replace the goods (or the part in question) free of charge or, at the Company's sole discretion, refund to the Buyer the price of the goods (or proportionate part of the price), but the Company shall have no further liability to the Buyer.
5.6 Except in respect to death or personal injury caused by the Company's negligence, the Company shall not be liable to the Buyer by reason of any representation, or any implied warranty, condition or other term, or any duty at/of common law, or under the express terms of the contract for any consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for consequential compensation whatsoever (and whether caused by negligence of the Company, its employees or agents or otherwise) which arise out of or in connection with the supply of the goods and services or their use or resale by the Buyer.
5.7 The Buyer agrees that it is best able to estimate the extent and nature of the insurance cover suitable for its business and property from time to time and that it is reasonable for the Company to sell the goods and fix the purchase price on the basis of the exclusions and limitations of liability which price would be higher were such provisions altered in these conditions and the Buyer agrees that it will be responsible for effecting insurance cover in respect of any loss or damage of whatsoever kind or howsoever caused either by reason of the negligence of the Company or otherwise to premises, plant or to other property and the Company shall have no legal liability in respect of any such loss or damage.
5.8 When returning hair extensions and associated products with a view that the product is faulty, a test report will take up to 6 weeks and its is only when we are in possession of the test report that the Buyer will be notified of any refunds, exchanges or product test report information.
5.9 The Company shall not be liable to the buyer or be deemed to be in breach of the contract by reason in any delay in performing, or any failure to perform, any of the Company's obligations in relation to the goods, if the delay or failure was due to any cause beyond the Company's reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond the Company's reasonable control:-
(i) Act of God, adverse weather conditions, explosion, flood, tempest, fire or accident.
(ii) War or threat of war, sabotage, insurrection, civil disturbance or requisition.
(iii) Acts, restrictions, regulations, by-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority.
(iv) Import or export regulations or embargoes.
(v) Strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of the Company or of a third party).
(vi) Difficulties in obtaining raw materials, labor, fuel, parts or machinery.
(vii) Power failure or breakdown in any vehicle or machinery or any computer malfunction.
(viii) The imposition of Stopping, Waiting, Parking or similar restrictions which delay or prevent the Company from reasonably affecting delivery of the goods.
6.1 The contract shall be governed by the laws of England and the parties submit to the exclusive jurisdiction for the English courts in relation to any dispute hereunder.
6.2 Any suspicious telephone order will be passed on to police for further investigation.
6.3 Nothing in this agreement shall confer, nor do the parties intend to confer, any enforceable right on any third party and the Contracts (Rights of Third Parties) 1999 shall not apply.
7. CANCELLATIONS, RETURS AND REFUNDS
7.1 All customers have the right to cancel their order under the Consumer Contracts (Information, Cancellation & Additional Charges) Regulations.
7.2 Your right to cancel an order for goods starts the moment you place your order and ends 14 days from the day you receive your goods.
7.3 To meet the cancellation deadline, please notify us via email or phone about cancelling the order before the cancellation period has expired.
7.4 If you are in possession of the goods you are under the duty to retain them and take reasonable care of them. You must send the goods back to us to our contact address at your own cost (unless we delivered the item to you in error or the item is damaged or defective) as soon as possible once you have cancelled the order.
7.5 We reserve the right to make a charge not exceeding our direct costs of recovering the goods if you do not return the goods or return them at our expense.
7.6 Once you have notified us that you wish to cancel the order, any sum debited to us will be refunded to you as soon as possible and in any event within 14 days of your cancellation.
7.7 You will not have any right to cancel an order for the supply of any of the following goods:
(a) medicinal products or services that are either dispensed on prescription or are available free under an NHS arrangement.
(b) a contract for passenger transport services - such as bus, rail or flight tickets.
(c) the supply of goods or services where prices are dependent upon fluctuations in the financial markets, which are beyond the control of the retailer.
(d) the supply of goods that are made to the customer's specification or are clearly personalised.
(e) the supply of goods that are liable to deteriorate or expire rapidly - such as a delivery of fresh flowers or meat.
(f) the supply of newspapers, periodicals or magazines.
(g) the supply of accommodation, transport of goods, vehicle rental services, catering or services related to leisure activities if the contract provides for a specific date or period of performance - for example, hotel bookings, courier services, car hire, restaurant bookings and theatre tickets for specific dates.
7.8 In addition you will lose your right to cancel if you:
(a) unseal goods that are not suitable for return if they are unsealed, due to health protection or hygiene reasons.
(b) unseal audio, video recordings or computer software that were sealed at the time of delivery.
(c) combine goods with other goods after delivery so that they become inseparable.
Law and jurisdiction
These terms and conditions are governed by English law. Any dispute arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the Courts of England and Wales.