BACKGROUND
TheseTerms, together with any and all other documents referred to herein, set outthe terms under which Users (“Customers”) buy Our Goods and Bespoke Products,and purchase Products and services from Partner Salons on Our Platform.
Pleaseread these Terms for Customers carefully and ensure that you understand thembefore opening an Account on Our Platform. You will be required to read andaccept these Terms for Customers when requesting an Account. If you do not agree to comply with and bebound by these Terms for Customers, you will not be able to register for anAccount.
At notime will a contract come into existence between Us and Partner Salons for thepurchase of Partner Salon Services as in this regard, we only act as aPlatform. Any contract formed between aCustomer and a Partner Salon will be solely between the Customer and PartnerSalon.
Whetheryou are a Customer wishing to purchase Our Goods or Products, or Partner SalonServices, differing Terms may apply.
TERMSTHAT APPLY TO ALL CUSTOMERS
1. Definitions and Interpretation
2. Information About Us
3. Access to and Use of the Customer Portaland Our Site
4. Restrictions
5. Our Money Back Guarantee
6. Intellectual Property Rights
7. Customer Rules and Acceptable Usage Policy
8. Prices on Our Site
9. Our Liability to Consumers
10. Events Outside of Our Control (ForceMajeure)
11. Communication and Contact Details
12. How We Use Your Personal Information (DataProtection)
13. Other Important Terms
14. Our Products
15. Law and Jurisdiction
TERMSTHAT APPLY TO THE PURCHASE OF OUR GOODS
16. General
17. Goods, Pricing and Availability
18. Orders – How Contracts Are Formed
19. Payment
20. Delivery, Risk and Ownership
21. Faulty, Damaged or Incorrect Goods
22. Cancelling and Returning Goods if You ChangeYour Mind
TERMSTHAT APPLY TO THE PURCHASE OF PARTNER SALON SERVICES
23. Our Platform
24. How Contracts Are Formed
25. Provision of Salon Services
26. Subscription Fees and Payment
27. Your Legal Right to Cancel
28. Our and Partner Salon Rights to Cancel
29. Problems with Partner Salon Services andYour Legal Rights
TERMSTHAT APPLY TO THE PURCHASE OF OUR BESPOKE PRODUCTS
30. Products, Pricing and Availability
31. Subscriptions – How Contracts Are Formed
32. Subscriptions, Fees and Payment
33. Salon Services
34. Faulty, Damaged or Incorrect Products
35. Cancelling Your Subscription
36. Our Rights to Cancel
TERMSTHAT APPLY TO ALL CUSTOMERS
1. Definitions and Interpretation
1.1 In these Terms for Customers, unless the contextotherwise requires, the following expressions have the following meanings:
“Account”means an account required to access and/or use Our Site and purchase Goods,Products or Partner Salon Services;
“BespokeProducts” means those hair systems that We make to your individualspecifications;
“Content”means any and all text, images, audio, video, scripts, code, software,databases, and any other form of information capable of being stored on acomputer that appears on, or forms part of, Our Site;
“Contract”means a contract for the purchase and sale of Goods, Bespoke Products or SalonServices, as set out in the Order Confirmation;
“Customer” means a User who makes a purchaseon Our Site;
“CustomerPortal” means the portal that we provide for Customers to Access Our Site;
“FullSubscription” means a subscription period of 12 months during which time Wewill provide Bespoke Products at such rate as ordered by you and which willautomatically renew unless you or We end the Contract:
“Goods”means those accessory products that We offer for sale on Our Site (i.e.shampoos);
“Order” means your order for Our Goods, OurBespoke Products or Partner Salon Services, as the context permits;
“OrderConfirmation” means our acceptance and confirmation of your Order;
“PartnerSalon” means a salon that provides Partner Salon Services (a full list of whichcan be found at www.totalcoverplus.co.uk/locations);
“PartnerSalon Services” means, where applicable, the supply of Products and/or theapplication and styling of Products;
“PartnerSalon Service Charge” means the amount charged by Partner Salons for theapplication and styling of Products;
“StandardProduct” means a product from our general range of hair systems (excludingBespoke Products);
“Platform”means Our platform for Customers and Partner Salons on Our Site;
“Product”means a hair system that can be a Bespoke Product or Standard Product, as thecontext permits;
“Site”means customerportal.totalcoverplus.co.ukand customerportal.totalcoverplus.de;
“SubscriptionFee” means the fees payable by you for Partner Salon Services or BespokeProducts, as the context permits;
“TrialSubscription” means the subscription period set by you during which time Wewill provide the number of Bespoke Products chosen by you;
“User” means a user of Our Site;
“UserContent” means any Content added to Our Site by a User;
“We/Us/Our”means Total Cover Plus Ltd, a company registered in England and Wales underregistration number 7234154. Ourregistered office and principal place of business is at 11 Agamemnon Road, NW61EB, London.
2. Information About Us
2.1 Our Site is owned and operated by TotalCover Plus Ltd, a company registered in England and Wales under registrationnumber 7234154. Our registered officeand principal place of business is at 11 Agamemnon Road, NW6 1EB, London. Our VAT number is GB131622256
2.2 You can contact us by:
Writing to us at 11 Agamemnon Road, NW61EB, London;
Emailing us at info@tcphair.com;
Via our Contact Page at customerportal.totalcoverplus.de/contact/
Calling us on: 02033939322 Mondays to Fridays, 9.00am to 6.00pm(Excluding Bank and public holidays).
3. Access to and Use of the Customer Portaland Our Site
3.1 Access to Our Site is free of charge.
3.2 Access to the Customer Portal is strictly byinvitation only. You must only registerfor an Account via Our Customer Portal where We have provided the CustomerPortal details to you directly.
3.3 We reserve the absolute right to refuseaccess to Our Site and the Customer Portal to any User.
3.4 It is your responsibility to make any andall arrangements necessary in order to access Our Site and the Customer Portal.
3.3 Access to Our Site and the Customer Portalis provided “as is” and on an “as available” basis. We may alter, suspend, ordiscontinue Our Site (or any part of it) at any time and without notice.Subject to the remainder of these Terms for Customers, We will not be liable toyou in any way if Our Site (or any part of it) is unavailable at any time andfor any period.
3.4 Use of Our Site is also subject to Our Termsof Use. Please ensure that you have readthem carefully and that you understand them.
4. Restrictions
You mayonly register for an Account on Our Customer Portal:
a) If you are at least 18 years of age;
b) Where you have been given the details ofthe Customer Portal directly by Us or a Partner Salon;
c) If you are resident in the United Kingdom.
5. Our Money Back Guarantee
5.1 If you are a first time Customer, and on thefirst fitting only of a Product you are not completely satisfied, We willrefund the full cost of the Product (but we will not refund the Partner SalonService Charge) provided that you return to the Partner Salon within 7 days ofthe date of application of the Product. The Partner Salon will remove the Product and provide a fullrefund.
5.2 Where you request removal of the Productunder Clause 5.1, the Partner Salon will remove the Product but will not beobliged to offer any other service (i.e. any hairdressing services).
6. Intellectual Property Rights
6.1 The provisions of Clause 6 of Our Terms ofUse apply to all User Content submitted to Our Site, including any and all UserContent submitted to Our Platform.
6.2 Customers must, at all times, respect theintellectual property rights of all Users of Our Site. Under no circumstances may you useintellectual property belonging to another party without that party’s expresspermission.
7. Customer Rules and Acceptable Usage Policy
7.1 When using Our Site, you must do solawfully, fairly, and in a manner that complies with the provisions of thisClause 7. Specifically:
7.1.1 you must ensure that you comply fully with alllocal, national, or international laws and/or regulations;
7.1.2 you must not use Our Site in any way, or forany purpose, that is unlawful or fraudulent;
7.1.3 you must not use Our Site to knowingly send,upload, or in any other way transmit data that contains any form of virus orother malware, or any other code designed to adversely affect computerhardware, software, or data of any kind;
7.1.4 you must not use Our Site in any way, or forany purpose, that is intended to harm any person or persons in any way;
7.1.5 you must always provide accurate, honestinformation to Us and Partner Salons; and
7.1.6 you must not engage in any form of price fixingwith other Users (including Partner Salons and Customers).
7.2 When using Our Site, you must not submitanything, or otherwise do anything that:
7.2.1 is sexually explicit;
7.2.2 is obscene, deliberately offensive, hateful, orotherwise inflammatory;
7.2.3 promotes violence;
7.2.4 promotes or assists in any form of unlawfulactivity;
7.2.5 discriminates against, or is in any waydefamatory of, any person, group, or class of persons; race; gender; religion;nationality; disability; sexual orientation; or age;
7.2.6 is intended or otherwise likely to threaten,harass, annoy, alarm, inconvenience, upset, or embarrass another person;
7.2.7 is calculated or is otherwise likely to deceive;
7.2.8 is intended or otherwise likely to infringe (orthreaten to infringe) another person’s right to privacy or otherwise uses theirpersonal data in a way that you do not have a right to;
7.2.9 misleadingly impersonates any person orotherwise misrepresents your identity or affiliation in a way that iscalculated to deceive (obvious parodies are not included within this definitionprovided that they do not fall within any of the other provisions of thissub-Clause 7.2);
7.2.10 implies any form of affiliation with Uswhere none exists;
7.2.11 infringes, or assists in theinfringement of, the intellectual property rights (including, but not limitedto, copyright, trade marks, patents, and database rights) of any other party;or
7.2.12 is in breach of any legal duty owed to athird party including, but not limited to, contractual duties and duties ofconfidence.
7.3 We reserve the right to suspend or terminateyour access to the Customer Portal and Our Site if you materially breach theprovisions of this Clause 7 or any of the other provisions of these Terms forCustomers. Further actions We may take include, but are not limited to:
7.3.1 removing any offending material from Our Site;
7.3.2 issuing you with a written warning;
7.3.3 issuing legal proceedings against you forreimbursement of any and all relevant costs resulting from your breach on anindemnity basis;
7.3.4 taking further legal action against you asappropriate;
7.3.5 disclosing such information to law enforcementauthorities as required or as We deem reasonably necessary; and/or
7.3.6 any other actions which We deem reasonablynecessary, appropriate, and lawful.
7.4 We hereby exclude any and all liabilityarising out of any actions that We may take in response to breaches of theseTerms for Customers.
8. Prices on Our Site
8.1 Prices on Our Site are shown and inclusiveof VAT. If the VAT rate changes betweenyour Order being placed and Us taking payment, the amount of VAT payable willbe automatically adjusted when taking payment.
8.2 The prices of our Products/Subscription Feesdo not include Partner Salon Service Charges, which can vary between PartnerSalons.
8.3 Prices on Our Site for Goods can be changedon Our Site without notice to you. Prices for Our Products can be changed without notice to you however, ifyou have entered into a subscription then any prices changes will be given inaccordance with the remainder of these Terms.
9. Our Liability to Consumers
9.1 We will be responsible for any foreseeableloss or damage that you may suffer as a result of Our breach of these Terms (orthe Contract) or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Ourbreach or negligence or if it is contemplated by you and Us when the Contractis created. We will not be responsiblefor any loss or damage that is not foreseeable.
9.2 We are not responsible or liable in any wayfor the acts and/or omissions of Partner Salons.
9.3 Nothing in these Terms seeks to limit orexclude Our liability for death or personal injury caused by Our negligence(including that of Our employees, agents or sub-contractors); or for fraud orfraudulent misrepresentation. PartnerSalons are not our agents or sub-contractors.
9.4 Nothing in these Terms seeks to exclude orlimit your legal rights as a consumer. For more details of your legal rights, please refer to your localCitizens Advice Bureau or Trading Standards Office.
10. Events Outside of Our Control (ForceMajeure)
10.1 We (reference to We/Us/Our can mean Us orPartner Salons, as the context permits in this Clause 10) will not be liablefor any failure or delay in performing Our obligations where that failure ordelay results from any cause that is beyond Our reasonable control.
10.2 If any event described under this Clause 10occurs that is likely to adversely affect Our performance of any of Ourobligations under these Terms:
10.2.1 We will inform you as soon as isreasonably possible;
10.2.2 We will take all reasonable steps tominimise the delay;
10.2.3 To the extent that we cannot minimisethe delay, Our affected obligations under these Terms (and therefore theContract) will be suspended and any time limits that We are bound by will beextended accordingly;
10.2.4 We will inform you when the eventoutside of Our control is over and provide details of any new dates, times oravailability of Goods or Products as necessary;
10.2.5 If the event outside of Our controlcontinues for more than 30 days We will cancel the Contract and inform you ofthe cancellation. Any refunds due to youas a result of that cancellation will be paid to you as soon as is reasonablypossible and in any event within 14 days of the date on which the Contract iscancelled;
10.2.6 If an event outside of Our controloccurs and continues for more than 30 days and you wish to cancel the Contract,please contact us using any of the contact details set out in Clause 2.
11. Communication and Contact Details
11.1 If you wish to contact Us with generalquestions or complaints, you may contact Us by using any of the contact detailsset out in Clause 2.
11.2 If you have any complaint regarding PartnerSalon Services, please contact the Partner Salon directly. If you are not happy with the response,please contact Us and we will use our best endeavours to assist you with yourcomplaint.
12. How We Use Your Personal Information (DataProtection)
12.1 All personal data that We may collect aboutyou and use will be collected, held, and processed in accordance with UK data protectionlaw (including, but not limited to, the GDPR (and any successor legislationwhich applies following the UK’s departure from the European Union), the DataProtection Act 2018, and the Privacy and Electronic Communications (ECDirective) Regulations 2003).
12.2 For complete details of Our collection,processing, storage, and retention of personal data including, but not limitedto, the purpose(s) for which personal data is used, the legal basis or basesfor using it, details of your rights and how to exercise them, and personaldata sharing (where applicable), please refer to Our Privacy and Cookies Policycustomerportal.totalcoverplus.de/privacy-policy/
12.3 Where you use Partner Salon Services, PartnerSalons will also collect, hold, and process your personal information in thecourse of transactions (for example, your name, email address, and postaladdress). Partner Salons are required to have their own privacy policies inplace to govern their collection, processing, and holding of Customers’personal data. Please consult the privacy policy of any Partner Salon with whomyou select Partner Salon Services. Partner Salons are, therefore, also considered data controllers underthe GDPR and will be responsible for complying with their legal obligations andprotecting your rights under the GDPR.
13. Other Important Terms
13.1 We may transfer (assign) Our obligations andrights under these Terms (and under the Contract, as applicable) to a thirdparty (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us inwriting. Your rights under these Termsof will not be affected and Our obligations under these Terms of will betransferred to the third party who will remain bound by them.
13.2 You may not transfer (assign) your obligationsand rights under these Terms of (and under the Contract, as applicable) withoutOur express written permission.
13.3 The Contract is between you and Us. It is not intended to benefit any otherperson or third party in any way and no such person or party will be entitledto enforce any provision of these Terms of Sale.
13.4 If any of the provisions of these Terms arefound to be unlawful, invalid or otherwise unenforceable by any court or otherauthority, that/those provision(s) shall be deemed severed from the remainderof these Terms. The remainder of theseTerms shall be valid and enforceable.
13.5 No failure or delay by Us in exercising any ofOur rights under these Terms means that We have waived that right, and nowaiver by Us of a breach of any provision of these Terms means that We willwaive any subsequent breach of the same or any other provision.
13.6 We may revise these Terms from time to time inresponse to changes in relevant laws and other regulatory requirements. If We change these Terms as they relate toyour Order, We will give you reasonable advance notice of the changes andprovide details of how to cancel if you are not happy with them. You may have to pay for any Goods or Productsalready ordered as set out in these Terms.
14. Our Products
14.1 When submitting an Order for Products, whetheryou are purchasing them from Us or as part of Partner Salon Services, youunderstand and accept that, due to their very nature, the life-span of theProduct is limited (and can vary depending on your care and maintenance of theProduct, your body chemistry, diet and lifestyle).
14.2 The hair system Product will need to bechanged on a regular basis. We wouldadvise that the Product be replaced every 7 weeks.
14.3 We recommend that you use Our own range ofcustom-made shampoos and conditioners that will keep the Product looking andfeeling its best.
15. Law and Jurisdiction
15.1 These Terms and Conditions, and therelationship between you and Us (whether contractual or otherwise) shall begoverned by, and construed in accordance with, the law of England and Wales.
15.2 As a consumer, you will benefit from anymandatory provisions of the law in your country of residence. Nothing inSub-Clause 15.1 above takes away or reduces your rights as a consumer to relyon those provisions.
15.3 Any dispute, controversy, proceedings or claimbetween you and Us relating to these Terms and Conditions, or the relationshipbetween you and Us (whether contractual or otherwise) shall be subject to thejurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, asdetermined by your residency.
TERMSTHAT APPLY TO THE PURCHASE OF OUR GOODS
16. General
Thefollowing Clauses only apply to those Goods that you are purchasing directlyfrom Us (i.e. accessories, shampoos, conditioners etc), from Our Site, and donot apply to the purchase of Partner Salon Services (See Clauses 23 to 29) orthe purchase of Our Bespoke Products (see Clauses 30-36).
17. Goods, Pricing and Availability
17.1 We make all reasonable efforts to ensure thatall descriptions of Goods available from Us correspond to the actualGoods. Please note, however, thefollowing:
17.1.1 Images of Goods are for illustrativepurposes only. There may be slightvariations in colour between the image of a product and the actual product solddue to differences in computer displays and lighting conditions; and
17.1.2 Images and/or descriptions of packagingare for illustrative purposes only, the actual packaging of Goods may vary.
17.2 Clause 17.1 above does not exclude Ourresponsibility for mistakes due to negligence on Our part and refers only tominor variations of the correct Goods, not to different Goods altogether. Please refer to Clause 21 if you receiveincorrect Goods (i.e. Goods that are not as described).
17.3 We cannot guarantee that Goods will always beavailable. Stock indications are notprovided on Our Site.
17.4 Minor changes may, from time to time, be madeto certain Goods between your Order being placed and Us processing that Orderand dispatching the Goods, for example, to reflect changes in relevant laws andregulatory requirements. Any such changeswill not change any main characteristics of the Goods and will not normallyaffect your use of those Goods.
17.5 We make all reasonable efforts to ensure thatall prices shown on Our Site are correct at the time of going online. We reserve the right to change prices and toadd, alter, or remove special offers from time to time and as necessary. Changes in price will not affect any orderthat you have already placed (please note sub-Clause 17.8 regarding VAT,however).
17.6 All prices are checked by Us before We acceptyour Order. In the unlikely event thatWe have shown incorrect pricing information, We will contact you in writing toinform you of the mistake. If the correctprice is lower than that shown when you made your Order, We will simply chargeyou the lower amount and continue processing your Order. If the correct price is higher, We will giveyou the option to purchase the Goods at the correct price or to cancel yourOrder (or the affected part of it). Wewill not proceed with processing your Order in this case until yourespond. If We do not receive a responsefrom you within 10 days, We will treat your Order as cancelled and notify youof this in writing.
17.7 In the event that the price of Goods you haveordered changes between your Order being placed and Us processing that Orderand taking payment, you will be charged the price shown on Our Site at the timeof placing your Order.
17.8 All prices on Our Site include VAT. If the VAT rate changes between your Orderbeing placed and Us taking payment, the amount of VAT payable will beautomatically adjusted when taking payment.
17.9 Delivery charges are not included in the priceof Goods displayed on Our Site. Deliveryoptions and related charges will be presented to you as part of the orderprocess.
18. Orders – How Contracts Are Formed
18.1 Our Site will guide you through the orderingprocess. Before submitting your Orderyou will be given the opportunity to review your Order and amend it. Please ensure that you have checked your Ordercarefully before submitting it.
18.2 If, during the order process, you provide Uswith incorrect or incomplete information, please contact Us as soon aspossible. If We are unable to processyour Order due to incorrect or incomplete information, We will contact you toask to correct it. If you do not give Usthe accurate or complete information within a reasonable time of Our request,We will cancel your Order and treat the Contract as being at an end. If We incur any costs as a result of yourincorrect or incomplete information, We may pass those costs on to you.
18.3 No part of Our Site constitutes a contractualoffer capable of acceptance. Your Orderconstitutes a contractual offer that We may, at Our sole discretion,accept. Our acknowledgement of receiptof your Order does not mean that We have accepted it. Our acceptance is indicated by Us sending youan Order Confirmation by email. Onlyonce We have sent you an Order Confirmation will there be a legally bindingContract between Us and you.
18.4 Your Order Confirmations shall contain anyorder number (where applicable), details of the Goods ordered, fully itemisedpricing for the Goods ordered including, where appropriate, taxes, delivery andother additional charges and estimated delivery date(s).
18.5 In the unlikely event that We do not accept orcannot fulfil your Order for any reason, We will explain why in writing. No payment will be taken under normalcircumstances. If We have taken paymentany such sums will be refunded to you as soon as possible and in any eventwithin 7 days.
18.6 Any refunds due under this Clause 18 will bemade using the same payment method that you used when ordering the Goods.
19. Payment
19.1 Payment for Goods and related delivery chargesmust always be made in advance and you will be prompted to pay during the orderingprocess. Your chosen payment method willbe automatically charged during the check-out process.
19.2 Methods of payment are as stated on Our Site.
20. Delivery, Risk and Ownership
20.1 We will only deliver Goods to the UK.
20.2 All Goods purchased through Our Site willnormally be delivered within 30 calendar days after the date of Our OrderConfirmation unless otherwise agreed or specified during the Order process(subject to delays caused by events outside of Our control, for which seeClause 10).
20.3 If for any reason our dispatcher is unable todeliver the Goods to your chosen delivery address, they will leave a note withinstructions for arranging re-delivery. If you do not collect the Goods orarrange for re-delivery with the dispatcher, We will contact you to ask forfurther instructions. We may charge you for storage costs and for re-delivery.If We cannot contact you despite our reasonable efforts, or We cannot arrangere-delivery or collection, We may end the Contract and issue you with a refundbut may deduct a reasonable sum in compensation for any net costs incurred byUs as a result.
20.4 In the unlikely event that We fail to deliverthe Goods within 30 calendar days of Our Order Confirmation, if any of thefollowing apply you may treat the Contract as being at an end immediately:
20.4.1 We have refused to deliver your Goods;or
20.4.2 In light of all relevant circumstances,delivery within that time period was essential; or
20.4.3 You told Us when ordering the Goods thatdelivery within that time period was essential.
20.5 If you do not wish to cancel under sub-Clause 20.4or if none of the specified circumstances apply, you may specify a new, reasonable,delivery date. If We fail to meet thenew deadline, you may then treat the Contract as being at an end.
20.6 You may cancel all or part of your Order undersub-Clauses 20.4 or 20.5 provided that separating the Goods in your Order wouldnot significantly reduce their value. Any sums that you have already paid for cancelled Goods and theirdelivery will be refunded to you within 10 days. Please note that if any cancelled Goods aredelivered to you, you must return them to Us or arrange with Us for theircollection. In either case, We will bearthe cost of returning the cancelled Goods in this instance.
20.7 Delivery shall be deemed complete and theresponsibility for the Goods will pass to you once We have delivered the Goodsto the address (including, where relevant, any alternative address you haveprovided), or they have been delivered in accordance with any instructionsgiven by you (i.e. to leave the Goods in a specific place).
20.8 Ownership of the Goods passes to you once Wehave received payment in full of all sums due (including any applicabledelivery charges).
20.9 Any refunds due under this Clause 20 will bemade using the same payment method that you used when ordering the Goods.
21. Faulty, Damaged or Incorrect Goods
21.1 By law, We must provide goods that are ofsatisfactory quality, fit for purpose, as described at the time of purchase, inaccordance with any pre-contract information We have provided. If any Goods youhave purchased do not comply and, for example, have faults or are damaged whenyou receive them, or if you receive incorrect (or incorrectly priced) Goods,please contact Us using any of the contact details in Clause 2 as soon asreasonably possible to inform Us of the fault, damage or error, and to arrangefor a refund, repair or replacement.
21.2 Your available remedies (i.e. whether you willbe entitled to a repair, replacement or full/partial refund) will depend onwhat is wrong with the Goods and when you informed us that they did not confirmto contract. For further information on your rights as a consumer, pleasecontact your local Citizens’ Advice Bureau or Trading Standards Office.
21.3 Please note that you will not be eligible toclaim under this Clause 21 if you have purchased the Goods for an unsuitablepurpose that is neither obvious nor made known to Us and the problem hasresulted from your use of the Goods for that purpose; or if the problem is theresult of normal wear and tear, misuse or intentional or careless damage. Please also note that you may not returnGoods to Us under this Clause 21 merely because you have changed yourmind. As a consumer, you have a legalright to a 14 calendar day cooling-off period within which you can return Goodsfor this reason. Please refer to Clause 22for more details.
21.4 To return Goods to Us for any reason underthis Clause 21, please contact Us using any of the contact details in Clause2. If, upon receipt of the Goods, Weagree that they were faulty or described then We will be fully responsible forthe costs of returning Goods under this Clause 21 and will reimburse you whereappropriate.
21.5 Refunds (whether full or partial, includingreductions in price) under this Clause 21 will be issued within 14 calendardays of the day on which We agree that you are entitled to the refund.
21.6 Any and all refunds issued under this Clause 21will include all delivery costs paid by you when the Goods were originallypurchased.
21.7 Refunds under this Clause 21 will be madeusing the same payment method that you used when ordering the Goods.
22. Cancelling and Returning Goods if You ChangeYour Mind
22.1 As a consumer, you have a legal right to a“cooling-off” period within which you can cancel the Contract for anyreason. This period begins once yourOrder is complete and We have sent you your Order Confirmation, i.e. when theContract between you and Us is formed. You may also cancel for any reason before We send the OrderConfirmation.
22.2 If the Goods are being delivered to you in asingle instalment (whether single or multiple items), the legal cooling-offperiod ends 14 calendar days after the day on which you (or someone younominate) receive(s) the Goods.
22.3 If the Goods are being delivered in separateinstalments on separate days, the legal cooling-off period ends 14 calendardays after the day on which you (or someone you nominate) receive(s) the finalinstalment of Goods.
22.4 If you wish to exercise your right to cancelunder this Clause xxx, you must inform Us of your decision within thecooling-off period. You may do so byusing any of the contact details set out in Clause 2. In each case, providing Us with your name,address, email address, telephone number, and Order Number.
22.5 We may ask you why you have chosen to canceland may use any answers you provide to improve Our Goods and services, however,please note that you are under no obligation to provide any details if you donot wish to.
22.6 Please note that you may lose your legal rightto cancel under this Clause 22 if the Goods are sealed for health or hygienereasons and you have unsealed those Goods after receiving them.
22.7 Please ensure that you return Goods to Us nomore than 14 calendar days after the day on which you have informed Us that youwish to cancel under this Clause 22.
22.8 You may return Goods to Us by posting them toUs at Total Cover Plus Ltd, 11 Agamemnon Road, NW6 1EB, London. Please note that you must bear the costs ofreturning Goods to Us if cancelling under this Clause 22.
22.9 Refunds under this Clause 22 will be issued toyou within 14 calendar days of the following:
22.9.1 The day on which We receive the Goodsback; or
22.9.2 The day on which you inform Us(supplying evidence) that you have sent the Goods back (if this is earlier thanthe day under sub-Clause 22.9.1; or
22.9.3 If We have not yet provided an OrderConfirmation or have not yet dispatched the Goods, the day on which you informUs that you wish to cancel the Contract.
22.10 Refunds under this Clause 22 may be subject todeductions in the following circumstances:
22.10.1 Refunds may be reduced for any diminishedvalue in the Goods resulting from your excessive handling of them (e.g. no morethan would be permitted in a shop). Please note that if We issue a refund before We have received the Goodsand have had a chance to inspect them, We may subsequently charge you anappropriate sum if We find that the Goods have been handled excessively.
22.10.2 Standard delivery charges will be reimbursedin full as part of your refund. Pleasenote, however, that We cannot reimburse for premium delivery. We will only reimburse the equivalentstandard delivery costs when issuing refunds under this Clause 22. We are required by law to reimburse standarddelivery charges (or the equivalent) only.
22.11 Refunds under this Clause 22 will be made usingthe same payment method that you used when ordering the Goods.
TERMSTHAT APPLY TO THE PURCHASE OF PARTNER SALON SERVICES
23. Our Platform
23.1 Our Platform is provided as an introductionand payment platform for Customers and Partner Salons. Save as collecting the Subscription Fee forPartner Salons, we are not a party to any transactions or other relationshipsbetween Customers and Partner Salons. You hereby acknowledge and agree that:
23.1.1 You are not making a purchase from Usand are not entering into a contract with Us for the supply or application ofProducts. Your purchase is from the Partner Salon in question, and yourcontract is with that Partner Salon;
23.1.2 We will not be a party to any disputebetween you and any Partner Salon. Any claims must be made directly against thePartner Salon concerned;
23.1.3 Although We pre-screen Partner Salons,We are not responsible for any Partner Salon Services, the Product they supplyor any products or other services that they provide.
24. How Contracts Are Formed
24.1 Our Site will guide you through the orderingprocess. Before submitting your Order toUs you will be given the opportunity to review your Order and amend anyerrors. Please ensure that you havechecked your Order carefully before submitting it.
24.2 No part of Our Site constitutes a contractualoffer capable of acceptance. Your Orderconstitutes a contractual offer that We or a Partner Salon may, at Our/theirsole discretion, accept. Ouracknowledgement of receipt of your Order does not mean it has beenaccepted. Acceptance is indicated by Ussending you an Order Confirmation by email. Only once We have sent you an Order Confirmation will there be a legallybinding contract between you and the Partner Salon (“the Contract”).
24.3 Order Confirmations shall confirm the lengthof your Initial Subscription (see Clause 26.1), the Subscription Fee and thedate of the month that each Subscription Fee is payable.
24.4 If, for any reason, we do not accept or cannotfulfil your Order, no payment shall be taken under normal circumstances. If We have taken payment any such sums willbe refunded to you as soon as possible and in any event within 10 days.
24.5 If you change your mind, you may cancel yoursubscription or the Contract before or after Partner Salon Services commencesubject to these Terms. For details ofyour cancellation rights, please refer to Clause 27.
24.6 We may cancel your subscription at any time inthe following circumstances:
24.6.1 The required personnel and/or requiredmaterials necessary for the provision of the Partner Salon Services andProducts are not available; or
24.6.2 An event outside of Our the control (orof the Partner Salon) continues for more than 30 days (see Clause 10).
24.7 If your subscription is cancelled undersub-Clause 24.6 and We have taken payment any such sums will be refunded to youas soon as possible for any Products paid for but not received and in any eventwithin 10 days.
24.7 Any refunds due under this Clause 24 will bemade using the same payment method that you used when ordering the Services.
25. Provision of Salon Services
25.1 As set out above in Clause 23, the contractfor the supply of Standard Products and Partner Salon Services are betweenCustomers and Partner Salon Services.
25.2 When submitting and Order for Partner SalonServices, you expressly agree that:
25.2.1 You are entering into a Contract withthe Partner Salon on a subscription basis (see Clause 26);
25.2.2 The Subscription Fee does not includePartner Salon Service Charges, which can vary depending on your chosen PartnerSalon;
25.2.3 You are purchasing a Standard Productdirectly from the Partner Salon (you are not purchasing a Product from Us, norare you ordering a Bespoke Product);
25.2.4 You will pay the Subscription Fee to Us;(See Clause 26.9);
25.2.5 You must allow a Partner Salon to applythe Product. All Products are sentdirectly to the Partner Salon for the Partner Salon to complete the PartnerSalon Service. A Partner Salon will notallow you to take a Product from its premises without it being applied directly;
25.2.6 Partner Salon Services are availablefrom those Partner Salons as set out on Our Site;
25.2.7 You must pay the Partner Salon itsPartner Salon Service Charge for each application of the Product.
25.3 We neither represent nor warrant that allPartner Salon Services will be available at all times. It is your responsibility to confirmavailability with a Partner Salon.
25.4 As required by law, Partner Salons willprovide Partner Salon Services with reasonable skill and care, consistent withbest practices and standards in the hairdressing and hair replacement sectorand must provide Products that are of satisfactory quality.
25.5 You can access Partner Salon Services on anydate following receipt of the Order Confirmation (provided payment has beenmade) subject to availability of appointments that must be made directly withthe Partner Salon. Please note that ifyou request that the Partner Salon Services to begin within the legal 14calendar day cancellation (or “cooling off”) period, your right to cancel maybe limited or lost. Please refer toClause 27 for more details on your cancellation rights, including the coolingoff period.
25.6 If We or a Partner Salon require anyinformation or action from you in order to provide the Partner Salon Services,you will be informed of this. If theinformation you provide or the action you take is delayed, incomplete orotherwise incorrect, neither We nor a Partner Salon will be responsible for anydelay caused as a result.
25.7 If you do not pay the Subscription Fee, thePartner Salon Services will be suspended until you have paid any and alloutstanding sums due.
26. Subscription Fees and Payment
26.1 When submitting an Order, you are requesting asubscription and you agreeing to enter into a contract for a minimum term of 2months (Initial Term) during which time you may have 1 Standard Product appliedper month. At the expiry of the InitialTerm, and monthly thereafter, the subscription will renew each and every month(“Monthly Term”) until such time as you or we end the contract.
26.2 You may only request 1 Standard Product to beapplied per month during a Monthly Term.
26.3 If you do not wish for the Initial Term toautomatically renew on a Monthly Term basis, then you must inform us at least30 days prior to the Initial Term expiry date.
26.4 The Subscription Fee will be as set out on OurSite.
26.5 We make all reasonable efforts to ensure thatall Subscription Fees shown on Our Site are correct. We reserve the right to change SubscriptionFees upon the giving of 28 days’ notice. Changes in price will not affect Subscription Fees during an InitialTerm.
26.6 All Subscription Fees are checked by Us whenWe process your Order. In the unlikelyevent that We have shown incorrect pricing information, We will contact you inwriting before proceeding with your Order to inform you of the mistake and toask you how you wish to proceed. We willgive you the option to purchase the Partner Salon Services at the correct priceor to cancel your Order (or the affected part thereof). We will not proceed with processing yourOrder until you respond. If We do notreceive a response from you within 10 days, We will treat your Order ascancelled and notify you of the same in writing.
26.7 All Subscription Fees on Our Site includeVAT. If the VAT rate changes betweenyour order being placed and Us taking payment, the amount of VAT payable willbe automatically adjusted when taking payment.
26.8 The Subscription Fee does not include the costof applying and styling the Product (see Clause 25.2).
26.9 Payment of the Subscription Fee will be due inthe form of an advance payment at the rate as set out in the OrderConfirmation, payable at the time that you submit your Order, and thereafteryour payment method will be charged monthly until you or We end the Contract.
26.10 If you do not make any payment to Us by the duedate, We may charge you interest on the overdue sum at the rate of 4% per annumabove the base lending rate of the Bank of England from time to time. Interest will accrue on a daily basis fromthe due date for payment until the actual date of payment of the overdue sum,whether before or after judgment. Youmust pay any interest due when paying an overdue sum. The Partner Salon may also cancel thesubscription and refuse to complete any further Partner Salon Services.
27. Your Legal Right to Cancel
27.1 As a consumer in the European Union, you mayhave a legal right to a “cooling off” period within which you can cancel theContract for any reason. This periodbegins once your Order is accepted and We have sent you an Order Confirmation,i.e. when the Contract is formed. Theperiod ends at the end of 14 calendar days after that date.
27.2 If you wish to exercise your right to cancelunder this Clause 27, you must inform Us of your decision within the coolingoff period. You may do so by using anyof the contact details set out in Clause 2.
27.3 We may ask you why you have chosen to canceland may use any answers you provide to improve Our Site in the future, however,please note that you are under no obligation to provide any details if you donot wish to.
27.4 By submitting an Order, you are entering intoa fixed contract for the Initial Term. You have 14 days after the day We email to confirm We accept yourOrder. However, if you use thePartner Salon Services within those 14 days, you cannot change your mind, evenif the period is still running. You canstill cancel your subscription, but you will be liable for the fullSubscription Fee for the Initial Term.
27.5 Please see Clause 27.9 for cancelling duringthe Monthly Term.
27.6 You may be entitled to cancel immediately bygiving Us written notice in the following circumstances:
27.6.1 We or the Partner Salon breach theContract in a material way and fail to remedy the breach within 10 days of youasking Us or the Partner Salon to do so in writing; or
27.6.2 We go into liquidation or have areceiver or administrator appointed over Our assets; or
27.6.3 We change these Terms to your materialdisadvantage; or
27.6.4 We or Partner Salons adversely affectedby an event outside of Our/their control (see Clause 10)).
27.7 Eligibility for refunds under Clause 27 may vary according to the Salon PartnerServices received. You will be requiredto pay for Salon Partner Services supplied up until the point at which youinform Us that you wish to cancel.
27.8 Refunds under this Clause 27 will be issued toyou no later than 14 calendar days after the date on which you inform Us thatyou wish to cancel. Refunds will be madeusing the same payment method you used when ordering the Services.
27.9 You may cancel your Monthly Term subscriptionat any time upon the giving of 30 days written notice. You will still be liable for pay anySubscription Fee payable during that 30 day period.
28. Our and Partner Salon Rights to Cancel
28.1 The Contract may be cancelled at any time dueto events beyond Our/Salon Partner’s control that continues for more than 30days or due to the non-availability of Products or personnel required for theprovision of the Partner Salon Services. In such cases, you will only be required to pay the Subscription Fee andPartner Salon Partner Charges for Products and Services that have been providedup to the point at which you are informed that the Contract is being cancelledand no further payment will be due from you.
28.2 The Contract may also be cancelled upon Usinforming you in writing at least 30 days in advance that the Contract is to becancelled. You will only be required topay the Subscription Fee and Partner Salon Charges for Products and servicesthat you have received up to that point.
28.3 Any refunds due under this Clause 28 will beissued to you no later than 14 calendar days after the day on which We informyou of the cancellation. Refunds will bemade using the same payment method you used when ordering the Services.
28.4 We may cancel immediately by giving youwritten notice in the following circumstances:
28.4.1 You fail to make a payment by the duedate as set out in Clause 26. This doesnot affect Our right to charge you interest on any overdue sums as set out insub-Clause 26.10; or
28.4.2 You breach the contract in a materialway and fail to remedy the breach within 10 days of Us asking you to do so inwriting.
29. Problems with Partner Salon Services andYour Legal Rights
29.1 Partner Salons will always use reasonable endeavoursto ensure that the Partner Salon Services are completed with reasonable careand skill. If, however, there is aproblem, please contact the Partner Salon immediately.
29.2 Partner Salons will use reasonable endeavoursto remedy problems with Partner Salon Services as quickly as is reasonablypossible and practical.
29.3 Partner Salons will not charge you forremedying problems under this Clause 29 where the problems have been caused bythe Product, the Partner Salon or any of their agents or sub-contractors (or ifyou claim under the Money Back Guarantee – see Clause 5). If a Partner Salon determines that a problemhas been caused by you, including your provision of incorrect or incompleteinformation or taking of incorrect action in the care and maintenance of theProducts, they may charge you for a replacement Product or reasonable costs inremedying the problem.
29.4 As a consumer, you have certain legal rightswith respect to the purchase of services. For full details of your legal rights and guidance on exercising them,it is recommended that you contact your local Citizens Advice Bureau or TradingStandards Office. If a Partner Salondoes not perform the Partner Salon Services with reasonable skill and care, youhave the right to request repeat performance or, if that is not possible ordone within a reasonable time without inconvenience to you, you have the rightto a reduction in price. If for anyreason a Partner Salon is required to repeat the Partner Salon Services inaccordance with your legal rights, it will not charge you for the same and itwill bear any and all costs of such repeat performance. In cases where a price reduction applies,this may be any sum up to the amount of the monthly Subscription Fee and, whereyou have already made payment(s) to Us, may result in a full or partialrefund. Any such refunds will be issuedwithout undue delay (and in any event within 14 calendar days starting on thedate on which the Partner Salon (or We) agree that you are entitled to therefund) and made via the same payment method originally used by you. In addition to your legal rights relatingdirectly to the Partner Salon Services, you also have remedies if the Productsused are not of satisfactory quality.
TERMSTHAT APPLY TO THE PURCHASE OF OUR BESPOKE PRODUCTS
30. Products, Pricing and Availability
30.1 We make all reasonable efforts to ensure thatall descriptions of Bespoke Products available from Us correspond to the actualBespoke Product that you will receive. Please note, however, the following:
30.1.1 Images of Bespoke Products on Our Siteor in any brochures, literature or samples shown to you are for illustrativepurposes only. Due to the very nature ofthe Bespoke Products there may be slight variations between the image or sampleof a product and the Bespoke Product sold and variations resulting from yourspecific requirements;
30.1.2 Please note that sub-Clause 30.1.1 doesnot exclude Our responsibility for mistakes due to negligence on Our part andrefers only to minor variations of the correct Bespoke Products, not todifferent ones altogether. Please referto Clause XXX if you receive incorrect Bespoke Products.
30.2 Where appropriate, you may be required toselect the required size, hair length and the number of Bespoke Productsrequired during the subscription period.
30.3 When you submit an Order, you are enteringinto a fixed term contract (see Clauses 32.1 to 32.3) to purchase BespokeProducts from Us. We will make theBespoke Product to your specifications and will provide the number of BespokeProducts requested by you. We will notsend the Bespoke Product to you – all Bespoke Products will be sent to yourchosen Partner Salon who will then apply and style the Bespoke Product. A Partner Salon will not allow you to take aProduct from its premises without it being applied directly.
30.4 When placing an Order for a subscription forBespoke Products, please ensure that all information that you provide to Us iscorrect, accurate, and complete. Wecannot accept the return of any Bespoke Products if that return is due toincorrect information provided by you. Please note that this does not affect your legal rights.
30.5 Your Bespoke Product takes approximately 12weeks to make, and we will inform you at least 14 days in advance of when thefirst Bespoke Product is ready so that you can arrange with a Partner Salon forthe application and styling of the Bespoke Product.
30.6 Minor changes may, from time to time, be madeto certain Bespoke Products between your Order being placed and Us processingthat Order and the delivering of the Bespoke Product to a Partner Salon, forexample, to reflect changes in relevant laws and regulatory requirements. Any such changes will not change any maincharacteristics of the Bespoke Products and will not normally affect your useof those Bespoke Products. However, ifany change is made that would affect your use of the Bespoke Products, suitableinformation will be provided to you and the Partner Salon.
30.7 We make all reasonable efforts to ensure thatall Subscription Fees shown on Our Site are correct. We reserve the right to change prices and toadd, alter, or remove special offers from time to time and as necessary. Changes in price will not affect any Orderthat you have already placed (please note sub-Clause 30.10 regarding VAT,however).
30.8 All Subscription Fees are checked by Us beforeWe accept your Order. In the unlikelyevent that We have shown incorrect pricing information, We will contact you inwriting to inform you of the mistake. Ifthe correct Subscription Fee is lower than that shown when you made your Order,we will simply charge you the lower amount and continue processing yourOrder. If the correct price is higher,We will give you the option to purchase the subscription at the correct priceor to cancel your Order (or the affected part of it). We will not proceed with processing yourOrder in this case until you respond. IfWe do not receive a response from you within 10 days, We will treat your Orderas cancelled and notify you of this in writing.
30.9 In the event that the Subscription Fee changesbetween your Order being placed and Us processing that Order and takingpayment, you will be charged the Subscription Fee shown on Our Site at the timeof placing your Order.
30.10 All prices on Our Site include VAT. If the VAT rate changes between your Orderbeing placed and Us taking payment, the amount of VAT payable will beautomatically adjusted when taking payment.
30.11 Partner Salon Service Charges are not includedin the price of the Subscription Fee – please see Clause 33.1.
31. Subscriptions – How Contracts Are Formed
31.1 Our Site will guide you through the orderingprocess. During the ordering process youwill be required to state whether you wish to enter into:
31.1.1 A Full subscription, and state thenumber of Bespoke Products that you require during the 12 month subscriptionperiod ; or
31.1.2 A Trial Subscription, and state thelength of the Trial Subscription, and your chosen payment options.
31.2 Before submitting your Order you will be giventhe opportunity to review your Order and amend it. Please ensure that you have checked yourOrder carefully before submitting it. Inparticular, as you are entering into a subscription for a fixed term, and asyou are ordering Bespoke Products, please check the details you have providedcarefully as We may not be able to accommodate changes to the subscription orthe Bespoke Products once we have begun making your Bespoke Products.
31.3 If, during the order process, you provide Uswith incorrect or incomplete information, please contact Us as soon aspossible. If We are unable to processyour Order due to incorrect or incomplete information, We will contact you toask to correct it. If you do not give usthe accurate or complete information within a reasonable time of Our request,We will cancel your Order and treat the Contract as being at an end. If We incur any costs as a result of yourincorrect or incomplete information, We may pass those costs on to you.
31.4 No part of Our Site constitutes a contractualoffer capable of acceptance. Your Orderconstitutes a contractual offer that We may, at Our sole discretion,accept. Our acknowledgement of receiptof your Order does not mean that we have accepted it. Our acceptance isindicated by Us sending you an Order Confirmation by email. Only once We have sent you an OrderConfirmation will there be a legally binding Contract between Us and you forthe sale of Our Bespoke Products.
31.5 Order Confirmations shall set out your OrderNumber, confirmation of the Bespoke Product Ordered, your subscription period,the amount of Bespoke Products ordered, the date when the initial payment mustbe made and the dates on which further payments are due.
31.6 In the unlikely event that We do not accept orcannot fulfil your Order for any reason, We will explain why in writing. No payment will be taken under normalcircumstances. If We have taken paymentany such sums will be refunded to you as soon as possible and in any eventwithin 14 days.
31.7 Any refunds due under this Clause 31 will bemade using the same payment method that you used when ordering thesubscription.
32. Subscriptions, Fees and Payment
32.1 When submitting an Order, you are requesting asubscription and you agreeing to enter into a contract for a minimum, fixedterm.
32.2 A Trial Subscription will be for the length oftime and number of Bespoke Products chosen by you at the time of submittingyour Order. Your subscription is for afixed term and will not automatically renew. Trial subscriptions are available for new Customers only.
32.3 A Full Subscription is for a fixed term of 12months during which time We shall supply the number of Bespoke Products as chosenby you during the ordering process. AFull Subscription will automatically renew on the same terms (i.e. for the sameperiod and for the same number of Products) unless you or We end the Contract. We will contact you at least 3 months beforethe end of the Full Subscription period to remind you of the subscriptionrenewal but if you want to end the contract before it renews you must contactUs (see Clause 35.2).
32.4 The Subscription Fees will be as set out onOur Site.
32.5 The Order Confirmation will set out the datewhen the first Subscription Fee must be paid. All fees due thereafter will be on a monthly basis (as set out in theOrder Confirmation) and your payment method will be charged accordingly.
32.6 We make all reasonable efforts to ensure thatall Subscription Fees shown on Our Site are correct. We reserve the right to change SubscriptionFees upon the giving of 28 days’ notice. Changes in price will then take effect immediately thereafter on anypayment due under your subscription.
32.7 All Subscription Fees are checked by Us whenWe process your Order. In the unlikelyevent that We have shown incorrect pricing information, We will contact you inwriting before proceeding with your Order to inform you of the mistake and toask you how you wish to proceed. We willgive you the option to purchase the subscription at the correct price or tocancel your Order (or the affected part thereof). We will not proceed with processing yourOrder until you respond. If We do notreceive a response from you within 10 days, We will treat your Order ascancelled and notify you of the same in writing.
32.8 All Subscription Fees on Our Site includeVAT. If the VAT rate changes betweenyour order being placed and Us taking payment, the amount of VAT payable willbe automatically adjusted when taking payment.
32.9 We reserve the right to increase the level ofSubscription Fees with the giving of 30 days written notice. If you have entered into a fixed termsubscription, any increase in price will only take place on renewal.
32.10 The Subscription Fee does not include the costof applying and styling the Product (see Clause 33.1).
32.11 If you do not make any payment to Us by the duedate, We may charge you interest on the overdue sum at the rate of 4% per annumabove the base lending rate of the Bank of England from time to time. Interest will accrue on a daily basis fromthe due date for payment until the actual date of payment of the overdue sum,whether before or after judgment. Youmust pay any interest due when paying an overdue sum.
33. Salon Services
33.1 The Subscription Fee does not include PartnerSalon Service Charges, which can vary depending on your chosen Partner Salon.
33.2 You must allow a Partner Salon to apply theProduct. All Products are sent directlyto the Partner Salon for the Partner Salon to complete the Partner SalonService. A Partner Salon will not allowyou to take a Product from its premises without it being applied directly.
PartnerSalon Services are available from those Partner Salons as set out on Our Site.
You mustpay the Partner Salon its Partner Salon Service Charge after application ofeach Bespoke Product.
33.3 We neither represent nor warrant that allPartner Salon Services will be available at all times. It is your responsibility to confirmavailability with a Partner Salon.
33.4 As required by law, Partner Salons willprovide Partner Salon Services with reasonable skill and care, consistent withbest practices and standards in the hairdressing and hair replacement sectorand must provide Products that are of satisfactory quality. If you are not happy with the Partner SalonServices, please contact the Partner Salon directly and refer to Clause 34 asto your legal rights and remedies.
33.5 Although we provide the Bespoke Productdirectly to the Partner Salon, we are not a party to the application of theBespoken Product. You hereby acknowledgeand agree that:
33.5.1 You are not entering into a contractwith Us for the application of Bespoke Products. 33.5.2 Your purchase of services is from the Partner Salon inquestion, and your contract is with that Partner Salon for Partner SalonServices;
33.5.3 We will not be a party to any disputebetween you and any Partner Salon in regards to Partner Salon Services. Anyclaims must be made directly against the Partner Salon concerned;
33.5.4 Although We pre-screen Partner Salons,We are not responsible for any Partner Salon Services, or any products or otherservices that they provide.
34. Faulty, Damaged or Incorrect Products
34.1 By law, We must provide Products that are ofsatisfactory quality, fit for purpose, as described at the time of purchase, inaccordance with any pre-contract information We have provided, and that matchany samples or models that you have seen or examined (unless We have made youaware of any differences). If anyBespoke Products you have purchased do not comply and, for example, they do notmeet your specific requirements as given to Us, please inform the Partner Salonimmediately to arrange a replacement. Please note that if Bespoke Products are incorrect as a result of yourprovision of incorrect information, rather than them not matching Ourdescription, you will not be able to return those Bespoke Products or arrange areplacement. Otherwise, your availableremedies will be as follows:
34.1.1 If, on the first application of theProduct you are not completely satisfied, please see Clause 5 - Our Money BackGuarantee.
34.1.2 Beginning on the day that the Product isapplied by the Salon Partner, you have a 30 calendar days to reject them and toreceive a full refund if they do not conform as stated above.
34.2 Please note that you cannot reject BespokeProducts under our Money Back Guarantee or the 30 day period other than afterthe first application of the Bespoke Product.
34.3 You will not be eligible to claim under thisClause 34 if the problem has resulted from your failure to follow Our/PartnerSalons instructions in regards to the care and maintenance of the BespokeProduct; or if the problem is the result of normal wear and tear, misuse orintentional or careless damage. Pleasealso note that you cannot request a repair or refund under this Clause 34merely because you have changed your mind. Please refer to Clause 35 for more details.
34.4 If you have any issue or problems with theBespoke Product, please contact your Partner Salon immediately to discuss theissues and arrange a refund, replacement or re-application (depending on theissue).
34.5 Refunds (whether full or partial, includingreductions in price) under this Clause 34 will be issued within 14 calendardays of the day on which We (or the Partner Salon) agree that you are entitledto the refund.
34.6 Any and all refunds issued under this Clause 34will not include any Partner Salon Service Charges paid by you when the Productwas applied (unless the issue or fault was caused by Us or the Partner Salon).
34.7 Refunds under this Clause 34 for theSubscription Fee(s) will be made using the same payment method that you usedwhen making your Order.
34.8 Where a refund is due to you under this Clause34 in regards to the Partner Salon Service Charge, you must contact the PartnerSalon directly to arrange for repayment of the same.
34.9 For further information on your rights as aconsumer, please contact your local Citizens’ Advice Bureau or TradingStandards Office.
35. Cancelling Your Subscription
35.1 As a consumer in the European Union, in manyinstances you have a legal right to a “cooling-off” period within which you cancancel a contract entered into online. One of the exceptions to this is the ordering of bespoke goods. In regards to the Bespoke Products, as thesetake approximately 12 weeks to produce, we start making them immediately thatwe have accepted your Order and you cannot cancel the Contract because you havechanged your mind.
35.2 You can cancel the Contract (and thesubscription) upon the giving of 28 days’ notice. The Contract will end upon the expiry of thesubscription period (i.e. you will be required to pay all Subscription Fees forthe reminder of the Trial or Full Subscription).
35.3 You may be entitled to cancel the Contractimmediately by giving Us written notice in the following circumstances:
35.3.1 We breach the Contract in a material wayand fail to remedy the breach within 10 days of you asking Us or the PartnerSalon to do so in writing; or
35.3.2 We go into liquidation or have areceiver or administrator appointed over Our assets; or
35.3.3 We change these Terms to your materialdisadvantage; or
35.3.4 We are adversely affected by an eventoutside of Our/their control (see Clause 10)).
35.4 Eligibility for refunds under Clause 35 mayvary according to the Salon Partner Services received. You will be required to pay for BespokeProducts supplied up until the point at which you inform Us that you wish tocancel.
35.6 Refunds under this Clause 35 will be issued toyou no later than 14 calendar days after the date on which you inform Us thatyou wish to cancel. Refunds will be madeusing the same payment method you used when submitting your Order.
36. Our Rights to Cancel
36.1 The Contract may be cancelled at any time dueto events beyond Our control that continues for more than 30 days or due to thenon-availability of materials required to make the Bespoke Products. In such cases, you will only be required topay the Subscription Fees for Bespoke Products We will supply up to the pointat which you are informed that the Contract is being cancelled and no furtherpayment will be due from you.
36.2 The Contract may also be cancelled upon Usinforming you in writing at least 30 days in advance that the Contract is to becancelled. You will only be required topay the Subscription Fees up to the point at which you are informed that theContract is being cancelled and no further payment will be due from you.
36.3 We may cancel immediately by giving youwritten notice in the following circumstances:
36.3.1 You fail to make a payment by the duedate as set out in Clause 32. This doesnot affect Our right to charge you interest on any overdue sums as set out insub-Clause 32.11; or
36.3.2 You breach the contract in a materialway and fail to remedy the breach within 10 days of Us asking you to do so inwriting.