These terms and conditions (“T&Cs”) apply to all customers purchasing products (“Products”) as a consumer only from Your Beauty Hive (“we/our/us”), from our website (“Website”), and each such purchase shall constitute an order (“Order”).
If you are unclear about any aspect of these T&Cs, please contact us before placing an Order with us.
1. INFORMATION ABOUT US
1.1 We are owned by The Eyelash Design Company Limited (“Company”).
1.2 The Eyelash Design Company Limited is registered in England and Wales under company number 05908064, with its registered office at 38D Chigwell Lane, Loughton, Essex, IG10 3NY. The Company’s VAT number is 893551980.
1.3 You can contact our team on +4420 8500 9028 or email@example.com.
1.4 If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you have provided to us when creating an account or otherwise when using the Website.
1.5 “Writing” or “written” includes emails.
2. SERVICE AVAILABILITY
The Website can be used by anyone interested in the Products and we accept orders from, and deliver to addresses, both within and outside the UK. If you are unable to purchase Products from the Website for any reason please contact us directly on +44 20 8500 9028 or firstname.lastname@example.org.
3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
3.1 By placing an Order with us you are agreeing to these T&Cs.
3.2 For each Order you will receive an email from us acknowledging that we have received your Order (“Order Confirmation”). Your Order constitutes an offer to us to buy Products and our email acknowledgment does not mean that your Order has been accepted.
3.3 All Orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms that the Order has been dispatched (“Dispatch Confirmation”). The contract, governed by these T&Cs, will only be formed when we send you the Dispatch Confirmation and when we have received payment in cleared funds in accordance with clause 8.6 below.
4 YOUR RIGHTS
4.1 As a consumer you have the right to change your mind and cancel an Order at any time within 14 working days beginning on the day after you received the Products (“Cooling Off Period”). In this case, and subject to clause 4.2 you will receive a full refund of the price paid for the Products in accordance with clause 9.1.1 below.
4.2 To cancel an Order because you have changed your mind, you must inform us of your wish to cancel in writing within the Cooling Off Period. You must return the relevant Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. We may reduce any refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in an inappropriate way.
4.3 We are under a legal duty to supply goods to consumers that are as described, fit for purpose and of satisfactory quality. Under the Consumer Rights Act 2015 and subject to your compliance with clause 4.4 below, if the Product(s) are faulty or misdescribed you will be entitled to an immediate refund up to 30 days after receipt in accordance with clause. 9.1.2. You would also be entitled to an immediate refund if you received the products in error and that error was our fault.
4.4 Notwithstanding your rights at clause 4.3 above, if the Product(s) received is faulty, misdescribed or received in error, you must inform us immediately and the Product(s) that you wish to return to us must be received by us in the same condition in which you received it. On our receipt of the Product(s) we will assess the basis on which you have returned it and may reduce any refund to reflect any reduction in the value of the goods if this has been caused by your handling them in an inappropriate way.
4.5 If you need to contact us for any reason under this clause 4 or otherwise, please call us on +44 20 8500 9028 or email us at email@example.com.
4.6 For detailed information of your rights as a consumer please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
5 AVAILABILITY AND DELIVERY
5.1 An Order should be fulfilled by the delivery date indicated in the Dispatch Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
5.2 All dates quoted for delivery for each Order are estimated delivery dates only and may be subject to change. We cannot accept liability for any loss or damage (whether direct or indirect) if delivery takes place at any time other than the estimated date for delivery.
5.3 If we have your email address you will receive an email from our courier company with delivery information.
5.4 Delivery costs will be as displayed on the Website and as set out in your Order Confirmation.
6 PRODUCT IMAGES, RISK AND TITLE
6.1 The images of the Products on our Website are for illustrative purposes only. Although we have made every effort to display colour accurately, we cannot guarantee that your computer’s display of the colours accurately reflects the colour of the Products and/or packaging. The colour of the Products and/or their packaging you receive may vary slightly from those images.
6.2 The Products will be at your risk from the time of delivery.
6.3 Ownership of the Products will only pass to you when we have received full payment of all sums due in respect of the Products, including delivery charges and any applicable taxes.
7.1 If you wish to make a change to the Order please contact us immediately. We will let you know if the change is possible. If it is possible we will let you know about any changes to the amount due, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you have the right to cancel the Order.
7.2 From time to time we may change the Product(s) to reflect changes in relevant laws and regulatory requirements and to implement minor technical adjustments and improvements.
8 PRICE AND PAYMENT
8.1 The price of any Products will be as quoted on the Website and/or a price list from time to time, except in cases of obvious error.
8.2 The prices as quoted on the Website include VAT but exclude any applicable delivery costs.
8.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
8.4 It is possible that, despite our best efforts, some of the Products listed on the Website and/or price list may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on the Website and/or price list, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
8.5 We are under no obligation to provide the Product(s) to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
8.6 Payment for all Orders must be by made at the time you place your Order by one of the accepted payment cards or via a PayPal account. No Order will be despatched until we have received your payment in full and cleared funds.
9 OUR RETURNS POLICY
9.1 When you return a Product to us as a Consumer because:
9.1.1 you have cancelled the order made within the Cooling Off Period in accordance with clause 4.1 above, we will process the refund due to you as soon as possible on receipt of the Products being returned and in any event within 14 days of receipt. In this case, subject to clause 4.2 above, we will refund the price of the Product in full, including the cost of sending the Product to you although you will be responsible for the cost of returning it to us; or
9.1.2 the Product is faulty, misdescribed or received in error in accordance with clause 4.4, and provided you return the Product to us within 30 days from your receipt of it, we will refund the price of the Product in full, including the costs of sending you the Product;
9.1.3 for any other reason, and provided you return the Product to us within 30 days from receipt and in good condition, we will offer you an exchange for the Product for an equal, or lesser, value. You will be responsible for paying for the cost of returning the Product to us and for us sending it out to you.
9.2 We reserve the right 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 considered reasonable. 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.
9.3 To return a Product you need a returns reference; please refer to our Returns Policy at https://www.yourbeautyhive.co.uk/returns-policy/ for details.
9.4 We will usually refund any money received from you using the same method originally used by you to pay for an Order.
10 OUR LIABILITY (YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE)
10.1 Our liability for losses you suffer as a result of us being in breach of our obligations under these T&Cs is strictly limited to the purchase price of the Product you purchased.
10.2 Nothing in these T&Cs shall limit or exclude our liability:
10.2.1 For death or personal injury caused by our negligence;
10.2.2 For breach of your legal rights in relation to the Products;
10.2.3 For fraud or fraudulent misrepresentation; or
10.2.4 For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
10.3 We exclude any liability for any loss or damage which you may suffer as a direct result of a misrepresentation given by you, fraudulently or otherwise.
10.4 Except as expressly stated in these T&Cs, we do not give any representations, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these T&Cs by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
10.5 We are not responsible for any indirect or consequential loss or damage which you may suffer arising under or connection with these T&Cs.
11 IMPORT DUTY
11.1 If we accept an Order for delivery outside the UK, the Products may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
11.2 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable for any breach by you of any such laws.
12 WEBSITE USE
12.1 For the purposes of this clause 12, any reference to the Website shall include our and the Company’s social media platforms.
12.2 The Website is made available free of charge. We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Website for business and operational reasons.
12.4 We are the owner of all intellectual property rights in the Website, including all our social media platforms, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
12.4.1 You may print off one copy, and may download extracts, of any page(s) from the Website for your personal use and you may draw the attention of others to content posted on our site.
12.4.2 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
12.4.3 Our status (and that of any identified contributors) as the authors of content on the Website must always be acknowledged.
12.4.4 You must not use any part of the content on the Website or our or the Company’s social media platforms for commercial purposes.
12.5 The content on the Website is provided for general information only. It is not intended to amount to advice on which you should rely. Although we make reasonable efforts to update the information on the Website, we make no representations, warranties or guarantees, whether express or implied, that the content on the Website is accurate, complete or up to date.
12.6 Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
12.7 The Website may include information and materials uploaded by other users of the site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.
12.8 We do not guarantee that the Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access the Website. You should use your own virus protection software. You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to our site or do anything that may be a criminal offence under the Computer Misuse Act 1990.
12.9 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. We reserve the right to withdraw the permission to any such link.
13 WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
14.1 All notices given by you to us must be given to us at firstname.lastname@example.org. We may give notice to you at either the email or postal address you provide to us when placing an order, or in any of the ways specified in condition 16 above.
14.2 Notices will be deemed received and properly served immediately when posted on the Website, 24 hours after an email is sent, or three days after the date of posting of any letter.
14.3 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
15 TRANSFER OF RIGHTS AND OBLIGATIONS
15.1 The rights or obligations formed under these T&Cs are binding on you and us and on our respective successors and assigns.
15.2 You may not transfer, assign, charge or otherwise dispose of any of your rights or obligations arising under these T&Cs without our prior written consent.
15.3 We may transfer, assign, charge, sub-contract or otherwise dispose of any of our rights or obligations arising under these T&Cs at any time.
16 EVENTS OUTSIDE OUR CONTROL
16.1 Our obligations under these T&Cs shall be suspended for any period during which we reasonably believe we are prevented or hindered from complying with our obligations by any cause beyond our reasonable control including, but not restricted to, strikes, war, civil disorder and natural disasters, default of suppliers or sub-contractors.
16.2 If such period of suspension exceeds 60 days then either party may, upon giving written notice to the other, require that the obligations formed under these T&Cs be terminated immediately and all money due to us at the date of termination must be paid immediately.
17.1 If we fail, at any time under these T&Cs, to insist upon strict performance of any of your obligations, or if we fail to exercise any of the rights or remedies to which we are entitled under these T&Cs, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
17.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
17.3 No waiver by us of any of these T&Cs shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14 above.
If any of these T&Cs are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
19 ENTIRE AGREEMENT
These T&Cs and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
20 OUR RIGHT TO VARY THESE T&CS
20.1 We have the right to revise and amend these T&Cs from time to time.
20.2 You will be subject to the policies and T&Cs in force at the time that you order products from us, unless any change to those policies or these T&Cs is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these T&Cs before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the T&Cs, unless you notify us to the contrary within seven working days of receipt by you of the Products).
21 GOVERNING LAW AND JURISDICTION
Any dispute or claim arising out of or in connection with these T&Cs (including non-contractual disputes or claims) will be governed by English law and shall be subject to the exclusive jurisdiction of the courts of England.