Terms & Conditions
These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site. You may only buy Products from our site for non-business reasons.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 6. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 1st January 2018.
1. INFORMATION ABOUT US
1.1 We are Mark Hill Hair Cosmetics Limited, a company registered in England and Wales under company number 04316530 and with our registered office at Manor Farm, Main Street, Hotham, York YO43 4UD. We operate the website www.markhillhair.com and trade under the name ‘Mark Hill’. Our VAT number is GB790383117.
1.2 You have a legal right to cancel a Contract as set out in clause 10.
1.3 If you wish to contact us for any other reason, including because you have any complaints, you can contact us by completing our online enquiry form https://www.markhillhair.com/contact or by e-mailing us at firstname.lastname@example.org.
1.4 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
2. OUR PRODUCTS
2.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your device's display of the colours accurately reflects the colour of the Products. Your Products may vary slightly from those images.
2.2 The packaging of the Products may vary from that shown on images on our site.
3. USE OF OUR SITE
3.1 [Your use of our site is governed by our [Terms of website use] and [Website Acceptable Use Policy]. Please take the time to read these, as they include important terms which apply to you.]
3.2 You may only purchase Products from our site if you are at least 18 years old.
4. HOW WE USE YOUR PERSONAL INFORMATION
5. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
5.1 Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process.
5.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 5.3.
5.3 We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.
5.4 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site as referred to in clause 7.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
6. OUR RIGHT TO VARY THESE TERMS
6.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated.
6.2 Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
6.3 We may revise these Terms as they apply to your order from time to time to reflect changes in relevant laws and regulatory requirements.
6.4 If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
7. PRICE AND PAYMENT
7.1 The prices of the Products will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see clause 7.5 for what happens if we discover an error in the price of Product(s) you ordered.
7.2 Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
7.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
7.4 The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order.
7.5 Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
7.6 You can only pay for Products using a debit card, credit card or Apple Pay. We accept the following cards: VISA, MASTERCARD and American Express.
7.7 Payment for the Products and all applicable delivery charges is in advance. We will not charge your debit card or credit card until we dispatch your order.
8.1 The estimated delivery date of the Product(s) will be set out in the Dispatch Confirmation or, if no delivery date is specified, within 30 days after the date of the Dispatch Confirmation. We ask that you inform us if you have not received your Products within 7 days of the estimated delivery date as we cannot investigate non receipt of deliveries after this time. Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 13 for our responsibilities when this happens.
8.2 Delivery of an order shall be completed when we deliver the Products to the address you gave us and the Products will be your responsibility from that time.
8.3 The Products will be delivered by Royal Mail or Yodel. Someone will need to be present at the delivery address to accept and sign for the order. If no one is available at your address to take delivery, we will leave you a note informing you of how to rearrange delivery or collect the Products from a local depot.
8.4 If, after a failed delivery 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 refund any money which you have paid. We reserve the right to deduct our reasonable costs.
8.5 If we do not deliver the Products within the timescales referred to in clause 8.1 then you may cancel the Contract.
8.6 If you do not wish to cancel the Contract, you can give us a new deadline for delivery, which must be reasonable, and you can cancel the Contract if we do not meet the new deadline.
8.7 If you do choose to cancel the Contract for late delivery under clause 8.5 or clause 8.6, you can do so for just some of the Products or all of them. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel the Contract we will refund any sums you have paid to us for the cancelled Products and their delivery.
8.8 Unfortunately, we do not deliver to addresses outside the UK.
8.9 You may place an order for Products from outside the UK, but this order must be for delivery to an address in the UK.
9. PRODUCT WARRANTY
9.1 For electrical products, we provide a warranty that on delivery and for a specified period from delivery, the products shall be free from material defects. The warranty period provided with our electricals is specific to each product. Please refer to our website for further details. However, this warranty does not apply in the circumstances described in clause 9.2.
9.2 The warranty in clause 9.1 does not apply to any defect in the Products arising from:
9.2.1 fair wear and tear;
9.2.2 wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
9.2.3 if you fail to operate or use the electrical products in accordance with the user instructions;
9.2.4 any alteration or repair by you or by a third party who is not one of our authorised repairers; or
9.2.5 any specification provided by you.
9.3 This warranty is in addition to, and does not affect, your legal rights in relation to Products that are faulty or not as described. Clause 11 sets out what to do if there is a problem with your Product and independent advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
10. YOUR RIGHT TO CANCEL
10.1 You have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 10.2. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.
10.2 Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the table below:
End of the cancellation period
Your Contract is for a single Product (which is not delivered in instalments on separate days).
The end date is the end of 14 days after the day on which you receive the Product.
Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the Product on 10 January you may cancel at any time between 1 January and the end of the day on 24 January.
Your Contract is for multiple Products which are delivered on separate days.
The end date is 14 days after the day on which you receive the last of the separate Products ordered.
Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the first Product(s) in that order on 10 January and the last Product(s) in that order on 15 January you may cancel in respect of any or all of the separate Products at any time between 1 January and the end of the day on 29 January.
10.3 To cancel a Contract, you just need to let us know that you have decided to cancel. You can notify us in the following ways:
Online: complete the cancellation form https://www.markhillhair.com/contact on our website.
Email: email us at email@example.com
By post: print off the cancellation form and post it to us at the address on the form. Or simply write to us at that address, including the information required in the form.
We will email you to confirm we have received your cancellation and provide you with a returns form for you to use if you have already received the Product and need to return it to us (Returns Form). If you send us your cancellation notice by email or by post, then your cancellation is effective from the date you send us the email or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or email us before midnight on that day.
10.4 If you cancel your Contract, we will:
10.4.1 refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund 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;
10.4.2 refund the cost our standard delivery service; and
10.4.3 make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
10.4.3.1 if you have received the Product and we have not offered to collect it from you: 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. For information about how to return a Product to us, see clause 10.5;
10.4.3.2 if you have not received the Product or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the Contract.
10.5 If a Product has been delivered to you before you decide to cancel your Contract:
10.5.1 then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. Please return the Product and a print out of the Returns Form to:
FAO Mark Hill Returns Department
Ebuyer UK Ltd
Off Ferry Road
10.5.2 unless the Product is faulty or not as described (in this case, see clause 11.1), you will be responsible for the cost of returning the Products to us.
10.6 If you purchased your Product from Boots, please return the Product to your local Boots store with proof of purchase and Boots will arrange any refund due to you under their returns policy. If you have any further issues, you can contact Boots directly at Boots.firstname.lastname@example.org or by telephone on 0345 0708690.
11. IF THERE IS A PROBLEM WITH YOUR PRODUCT
11.1 In addition to your right to cancel under clause 10, you may have the right to return the Products if they are faulty or mis-described or if they do not comply with the manufacturer’s warranty.
11.2 In addition to your legal rights set out under clause 11.4 below, if any of the Products develop a fault and it is more than 30 days since receipt, then provided the Product is within its warranty period, you are entitled to a warranty repair. Please refer to clause 9 for further details.
11.3 To notify us of a faulty Product please email us at email@example.com for a Returns Form. When you send us the Returns Form, please indicate if you would like a full refund or a replacement product sent out.
11.4 The Consumer Rights Act 2015 says products must be as described, fit for purpose and of satisfactory quality. During the life of your product your legal rights entitle you to the following:
· up to 30 days: if your item is faulty, then you can get a refund;
· up to six months: if your item cannot be repaired or replaced, then you are entitled to a refund in most cases; or
· up to six years: if the item can be expected to last up to six years you may be entitled to a repair or replacement, or, if that does not work, some of your money back.
11.5 If you have returned the Products to us under this clause 11 because they are faulty or mis-described and you have advised us that you would like a refund, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us, upon receipt of proof of postage costs from you. If you have advised us that you would like a replacement product, we will refund any applicable delivery charges, and any reasonable costs you incur in returning the item to us, upon receipt of proof of postage costs from you.
11.6 We will refund you by the same method of payment you used to pay. If you used vouchers to pay for the Product we may refund you in vouchers.
11.7 If you purchased your Product from Boots, please return the Product to your local Boots store with proof of purchase and Boots will arrange any replacement item/refund due to you under their returns policy. If you have any further issues, you can contact Boots directly at Boots.firstname.lastname@example.org or by telephone on 0345 0708690.
11.8 As a consumer, you have legal rights in relation to Products that are faulty or not as described. Independent advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
12. OUR LIABILITY
12.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
12.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12.3 We do not in any way exclude or limit our liability for:
12.3.1 death or personal injury caused by our negligence;
12.3.2 fraud or fraudulent misrepresentation;
12.3.3 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
12.3.4 any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
12.3.5 defective products under the Consumer Protection Act 1987.
13. EVENTS OUTSIDE OUR CONTROL
13.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 13.2.
13.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
13.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
13.3.1 we will contact you as soon as reasonably possible to notify you; and
13.3.2 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
13.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
14. OTHER IMPORTANT TERMS
14.1 When we refer, in these Terms, to "in writing", this will include e-mail.
14.2 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you by posting on this webpage if this happens.
14.3 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However, if you have purchased a Product as a gift, you may transfer the benefit of our warranty in clause 9 to the recipient of the gift without needing to ask our consent.
14.4 This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise. However, the recipient of your gift of an electrical product will have the benefit of our warranty at clause 9, but we and you will not need their consent to cancel or make any changes to these Terms.
14.5 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
14.6 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
14.7 Please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.