Terms & Conditions of Supply Goods

1 DEFINITIONS

The following expressions shall have the following meanings:

1.1 “Agreement” means the contract between the Supplier and the Customer for the supply of Goods incorporating these Terms and Conditions;

1.2 “Supplier” means Status Hair whose business address is stated on the Website;

1.3 “Customer” means any person who purchases Goods from the Supplier;

1.4 “Intellectual Property Rights” means any patent, trademark, service mark, registered design, copyright, design right, right to extract or exploit information from a database, database rights, know-how, confidential information or process, any application for any of the above, and any other Intellectual Property Right recognised in any part of the world whether or not presently existing or applied for; 1.5 “Price” is the amount payable by the Customer to the Supplier for the provision of the Goods;

1.6 “Goods” means all products available for sale on the Supplier’s Website; for example, inter alia: wigs, hair extensions, hair pieces and hair accessories;

1.7 “Terms and Conditions” means these terms and conditions as set out in this document, which may be changed from time to time by the Supplier without notice;

1.8 “Website” means www.statushair.co.uk

2 GENERAL

2.1 These Terms and Conditions shall apply to the Agreement for the supply of Goods by the Supplier to the Customer and shall supersede any other documentation or communication between the parties.

2.2 For the avoidance of doubt no description, specification or illustration contained in any product pamphlet or other sales or marketing literature of the Supplier and no representation written or oral, correspondence or statement shall form part of the contract.

3 GOODS AND DELIVERY

3.1 The Supplier will use its reasonable endeavours to ensure that the Goods provided are as described on the Supplier’s Website.

3.2 Due to variations in digital media content including but not limited to monitor settings, calibrations, colour printer settings and lighting sources, the Supplier cannot guarantee and therefore accepts no liability for exact colour matches to any colours represented on the Website.

3.3 The Supplier shall be deemed to have fully satisfied its obligations under the Agreement and shall accept no liability whatsoever where it can be demonstrated that the Supplier has satisfied its requirements as described in Clauses 3.1 and 3.2

3.4 The date for delivery specified by the Supplier is an estimate only. Time for delivery shall not be of the essence of the Agreement and the Supplier shall not be held liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods.

3.5 All risk in the Goods shall pass to the Customer upon delivery.

4 PRICE AND PAYMENT

4.1 The Price(s) for provision of the Goods will be clearly shown on the Website. Fees are quoted in Pounds Sterling and may be liable to change from time to time at the Supplier’s discretion. The Supplier will notify the Customer of any Price changes by advertising the same on the Website. The Supplier may choose to have promotional events on the Website and such events may have a different Price. This different Price will be advertised on the Website.

4.2 Any discounts agreed are confidential and may not be disclosed by the Customer.

4.3 The Price(s) include VAT.

4.4 The Customer must make an advanced payment of the Price in full in order for the Supplier to commence delivery of the Goods.

5 TITLE

Title in the Goods shall not pass to the Customer until the Supplier has been paid in full for the Goods.

6 CUSTOMER’S OBLIGATIONS

6.1 To enable the Supplier to perform its obligations under this Agreement the Customer shall:
6.1.1 co-operate with the Supplier;

6.1.2 provide the Supplier with any information reasonably required by the Supplier;

6.1.3 obtain all necessary permissions and consents which may be required; and

6.1.4 notify the Supplier of any non-delivery within 5 days of receiving a ‘confirmation of dispatch’ e-mail from the Supplier.

6.2 The Customer shall be liable to compensate the Supplier for any expenses incurred by the Supplier as a result of the Customer’s failure to comply with Clause 6.1.

6.3 Without prejudice to any other rights to which the Supplier may be entitled, in the event that the Customer unlawfully terminates or cancels this Agreement, the Customer shall be required to pay to the Supplier as agreed damages and not as a penalty the full amount of any third party costs to which the Supplier has committed and in respect of cancellations on less than five working days’ written notice the full amount of the Goods contracted for as set out on the Website, and the Customer agrees this is a genuine pre-estimate of the Supplier’s losses in such a case. For the avoidance of doubt, the Customer’s failure to comply with any obligations under Clause 6.1 shall be deemed to be a cancellation of the Agreement and subject to the payment of the damages set out in this Clause.

6.4 The Customer shall be deemed to have read, understood and agreed to the Website Terms and Conditions of Use (http://statushair.co.uk/terms-of-use/) and the Privacy Policy (http://statushair.co.uk/privacy-policy/).

6.5 The Customer shall satisfy themselves as to their personal medical and physical condition in determining whether or not to use or adapt the Goods provided.

7 SUPPLIER OBLIGATIONS

7.1 The Supplier shall perform its obligations under this Agreement with reasonable skill and care and to a reasonable standard.

7.2 The Supplier shall take all reasonable steps to avoid mistakes when providing the Goods but shall incur no liability should errors be found.

8 RETURNS POLICY

8.1 If for any reason the Customer is not completely satisfied with the Goods then the Customer may choose to return the same. Any item may be exchanged or refunded within 14 days of purchase providing that it is either unused or unworn, and returned in exactly the same condition as received.

8.2 The Supplier shall refuse to accept any item returned by the Customer that has been worn, brushed, cut, hair sprayed, smells of smoke and/or perfume.

8.3 Any faulty Goods will be exchanged or refunded if returned within 7 days of receipt. If the Customer is returning Goods because of an error by the Supplier or because the Goods are damaged or defective, the Supplier will refund all reasonable delivery charges incurred by the Customer. In any other circumstance, the Customer shall be liable for all return delivery charges.

8.4 The Supplier recommends that any returned Goods are sent Recorded Delivery. In the event of a Customer’s return being lost in the postal system, the Supplier shall not be obliged to undertake a refund or exchange until the returned package has been traced by the Customer.

8.5 The Supplier will issue refunds within a reasonable timescale to the payment method used at the time of purchase.

9 INTELLECTUAL PROPERTY RIGHTS
9.1 The Customer shall not distribute any Intellectual Property Rights belonging to the Supplier to any third party.

9.2 All Intellectual Property Rights produced from or arising as a result of the performance of this Agreement shall, so far as not already vested, become the absolute property of the Supplier, and the Customer shall do all that is reasonably necessary to ensure that such rights vest in the Supplier by the execution of appropriate instruments or the making of agreements with third parties.

10 TERMINATION

10.1 The Agreement shall continue until the Goods have been provided in accordance with these Terms and Conditions.

10.2 The Supplier may terminate the Agreement with immediate effect by notice in writing to the Customer.

10.3 Any rights to terminate the Agreement shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of the Agreement as at the date of termination.

11 LIMITATION OF LIABILITY

11.1 The Supplier shall not be liable under any circumstances to the Customer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Customer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.

11.2 Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury, however the Supplier shall not be liable for any direct loss or damage suffered by the Customer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.

11.3 The Supplier’s liability in respect of any failure to deliver the Goods shall be limited to the re-performance of the same as far as is practicable.

11.4 The total liability of the Supplier to the Customer in respect of any loss or damage under or in connection with the Contract shall not exceed the amount paid by the Customer in any one transaction immediately preceding the incurring of such loss or damage.

12 WARRANTY

12.1 The Supplier warrants that the services performed under this Agreement shall be performed using reasonable skill and care, and of a quality conforming to generally accepted industry standards and practices.

12.2 Except as expressly stated in this Agreement, all warranties whether express or implied, by operation of law or otherwise, are hereby excluded in relation to the Goods to be provided by the Supplier.

13 INDEMNITY

The Customer shall indemnify the Supplier against all claims, costs and expenses which the Supplier may incur and which arise directly or indirectly from the Customer’s breach of any of its obligations under these Terms and Conditions.

14 FORCE MAJEURE

The Supplier shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Supplier shall be entitled to a reasonable extension of time to fulfil its obligations.

15 ASSIGNMENT

The Customer shall not be entitled to assign its rights or obligations or delegate its duties under this Agreement without the prior written consent of the Supplier.

16 THIRD PARTY RIGHTS

Nothing in these Terms and Conditions intends to or confer any rights on a third party.

17 SEVERANCE

If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.

18 NOTICES

Any notice to be given by either party to the other may be served by email, fax, SMS, personal service or by post to the address of the other party as such party may from time to time have communicated to the other in writing, and if sent by electronic medium shall unless the contrary is proved be deemed to be received on the day it was sent, if sent by fax shall be deemed to be served on receipt of an error free transmission report, if given by letter shall be deemed to have been served at the time at which the letter was delivered personally or if sent by post shall be deemed to have been delivered in the ordinary course of post.

19 ENTIRE AGREEMENT

These Terms and Conditions supersede any previous agreements, arrangements, documents or other undertakings either written or oral.

20 GOVERNING LAW

These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.