Terms & Conditions
Please read these terms and conditions carefully as it governs the relationship between us and you and limits our liability to you when you purchase products from us. By accepting these terms and conditions you are forming a contract with us and agreeing to the terms and conditions that appear below. References to “you” and “your” are to you as an individual. References to “us”, “our” and “we” are to HAIR EXTENSIONS BY ANNA SHABILLA.
1. E-TAIL OF PRODUCTS
1.1 By making a request/order you are offering to purchase a product, which we will accept to sell to you on the following Terms and Conditions. All requests are subject to availability and confirmation of the order price by us. Dispatch times may vary according to availability and any guarantees warranties or representations made as to delivery times are limited to Australia and are on the basis that we are not responsible for any delay in delivery occurring due to postal delays or force majeure. Hair Extensions By Anna Shabilla are absolutely entitled to refuse any request made by you. If your order is accepted we will inform you by emailing you or else by calling you. We will also provide the identity of the party you have contracted with. This may be Hair Extensions By Anna Shabilla or in certain cases a third party. Where a contract is made with a third party Hair Extensions By Anna Shabilla is not acting as either agent or principal and the contract is made between yourself and that third party. When making a request you undertake that all details you provide to us requesting goods or services or bids made at auction are true and accurate, that you are an authorised user of the credit or debit card used to make your request or bid and that there are sufficient funds to cover the cost of the goods, services or bid. It is your responsibility to inform us of any changes to these details as soon as possible. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
2. YOUR ORDER
2.1 Each order placed by you with us shall be an offer by you to us to buy products or packages subject to these and the website terms and conditions.
2.2 No order you place shall be deemed to be accepted by us until we have received payment from you and issued confirmation of the order.
2.3 You must ensure that the terms of your order, including the address for delivery, are complete and accurate.
2.4 All quotations and advertisements for products or packages given on this website are given on the basis that no contract for sale shall come into existence between us and you until we have received payment from you and issued acknowledgement of your order. Any quotations or advertisements for products given on this website may be altered or withdrawn by us at any time.
2.5 We shall endeavour that all orders are met within the time period estimated. Packages are dispatched within 24 hours of your order being confirmed and are normally delivered within 1-3 days within Australia and 7 days overseas. We shall not be held responsible for any delays encountered by the delivery courier or should you not be at home to receive your order nor collect from the courier within the designated timescale.
2.6 Once an order has been placed by you and accepted by us you have up to 7 days to cancel the order in writing.
2.7 For Salon/Wholesale Businesses please fill out the Custom Order Form for Larger Quantities and Exclusive pricing, once filled out email the Form to firstname.lastname@example.org, you will receive a confirmation of you order to your email and will be dispatch to accordance.
3. PRICE AND PAYMENT
3.1 Unless otherwise agreed between you and us, the price for the products or packages shall be the price advertised on the website as published on the date of the order.
3.2 The price for the products shall be inclusive of GST and inclusive of all fees and charges in relation to packaging, carriage and insurance to the delivery address.
3.3 Payment for the price of the products or packages shall be due in Kg sterling at the time of the order.
3.4 Time of payment shall be of the essence and no payment shall be deemed to be received by us until it has been received in full and cleared funds.
4.1 Delivery of the products shall take place at the delivery address contained in your order.
4.2 Any dates or times specified by us for delivery of the products are intended to be estimates only and time of delivery shall not be of the essence, and shall not be made of the essence by notice.
4.3 Subject to the other provisions contained in these terms and conditions, we shall not be liable for any direct, indirect or consequential loss (all three terms which include, without limitation, pure economic loss, loss of profits, loss of business, depletion of reputation or goodwill and similar losses), costs, damages or expenses caused directly or indirectly by any delay in the delivery of the products (even if caused by our negligence).
4.4 If for any reason your customer refuses to accept delivery of the products, all risk in the products shall pass to you and we may, at our discretion, charge for return of the products to us, a storage fee and a redelivery fee to another address nominated by you.
4.5 The cost of delivery shall be calculated when you place your order with us and payment shall be due before a dispatch is made.
5. RETURNS AND REFUND POLICY
5.1 In the event that any order is incorrect, it must be filled out by the Refund/ Exchange Form and notified to us within 7 (seven) days after delivery.
5.2 In the case of incorrect orders, the products shall be returned to us and we shall redeliver the correct order at our own cost.
5.3 If any products are faulty or defective, they must be returned to us within 7 (seven) days. We shall replace the products free of charge and redeliver them to you at our own cost.
5.4 If you require a refund rather than a replacement for faulty or defective products, or we are unable to replace any faulty or defective product, the products must be returned to us, at our cost, and shall become our property. We shall refund the price paid, by you to us for the products, to you. We shall not be liable for any damages, costs, losses (including without limitation pure economic loss, loss of profit, loss of business, interruptions to business, depletion of goodwill or reputation, and/or loss of commission), claims or liabilities, whether direct, indirect or consequential, incurred by you due to our inability to replace the products.
5.5 We want you be happy with your purchase and should for any reason you not be completely satisfied with your product please notify us immediately through our easy online returns system and return the product to us within 7 (seven) days in its original packaging. In accordance with the Distance Selling Regulations, we wish to offer you an easy returns policy that is fair and easy so we ask that you return any product as you would have received it, in full packaging, un-opened and in no way worn.
5.6 When using our easy Refund/Exchange Form, we will send you a confirmation by Email as requested notifying the acceptance or Decline due to uncertain reasons, should any item be returned without a Refund/Exchange Form, it will be declined and returned to you at your own cost. Once you have sent your Form and you have received a confirmation by Email you can return the product to us at your own expense within 7 (seven) days of receipt delivery. Our Refund policy is in accordance with the Distance Selling Regulations which stipulate you have the right to a refund by returning the product to us within 7 (seven) days with the product in a re-sellable condition. The item whilst in your care must not be damaged or show any sign of being worn. Should the item be returned in breach of these conditions, you will not be given a refund and may be liable for re-packaging or product replacement costs.
5.7 When returning your item you must take care to send it within 7 (seven) days of receipt of delivery and send by a reliable courier service to ensure the safe delivery of the returned product. A courier will provide you with insurance and a tracking number should any delivery dispute arise. Should an item not be sent by a courier service, we will not be held liable and will only refund items that have arrived with us by a tracked courier service. This is in accordance to the Distance Selling Regulations which state that the product is in your care until it arrives back with us.
5.8 Should you wish to exchange your product for a different colour, please use our Refund/Exchange Form. Return the item to us under the same conditions as that for a refund and we will send the new product to you at your expense as soon as we can.
5.9 Should you wish to exchange your product for a different length, style or item, you will need to place a new order and return the original product for a full refund in compliance with our returns policy.
LIMITATION OF LIABILITY
1. These provisions are without prejudice to the other provisions contained in these terms and conditions.
2. All times given for delivery, restocking etc. are estimates only and we shall not be liable for any damages, costs, losses (including without limitation pure economic loss, loss of profit, loss of business, interruptions to business, depletion of goodwill or reputation, and/or loss of commission), claims or liabilities, whether direct, indirect or consequential, incurred by you due to any delay by us, including if such delay was caused by our negligence.
3. Nothing in this agreement shall limit our liability for death or personal injury caused by our negligence or for any matter for which it would be illegal for us to attempt to exclude our liability or for fraud or fraudulent misrepresentation.
4. Without prejudice to the other provisions of this agreement, our total liability in contract, tort (including negligence or breach of statutory duty) misrepresentation, restitution or otherwise, arising in the performance or contemplated performance of this Agreement shall be limited to the price of the products in any single order, if such liability is in relation to the products, or to the price paid for the subscription, if such liability is in relation to the services.
5. We shall not be liable to you for any pure economic loss, loss of profit, loss of business, depletion of goodwill or reputation, or similar loss in each case whether direct, indirect or consequential, or for any claims for consequential compensation whatsoever (howsoever caused) which arise under or in connection with this agreement.
Access to and use of this Web site and the products and search services available through this Web site (collectively, the ‘Services’) are subject to the following terms, conditions and notices (the ‘Terms of Service’). By using the Services, you are agreeing to all of these terms, conditions and notices, without modification. Furthermore, you acknowledge that we may update the Terms of Service from time to time. This Web site also contains links to other Web sites, Web pages and services, which are not operated by Hair extensions By Anna Shabilla (the ‘Linked Sites’). Your use of such Linked Sites will be subject to the terms of service contained within each such site and the respective terms of service will control the use of the respective site. In any event your link through to such a site will be subject to these Terms of Service. You recognise that Hair Extensions By Anna Shabilla has no control over such Linked Sites and information, and you accept that Hair Extensions By Anna Shabilla provides no guarantee as to the accuracy or reliability of such sites or the information contained in them and you agree that we shall have no responsibility as to whether such links locate unintended or objectionable content or otherwise cause you distress, loss or damage.
2.1 We may transfer and/or assign our rights or obligations under these terms and conditions at any time. This will not affect your rights and/or obligations under the terms and conditions. You are not permitted to transfer your rights or obligations under these terms and conditions to any other person.
3.1 All notices shall be given to us by post to Hair Extensions By Anna Shabilla 6 Torres Place Kings Langley, 2147 NSW Australia.
3.2 All notices to you from us shall be delivered by email to the registration address.
4.1 If any provision of these terms and conditions is found by any court or tribunal to be wholly or partially illegal, invalid, void, voidable or unenforceable it shall, to such extent, be deemed to be severable and the remaining provisions of the terms and conditions and the remainder of the provision shall continue in full force and effect.
6.1 We reserve the right to unilaterally vary these terms and conditions from time to time. You should regularly check and read the terms and conditions for any updates and/or amendments. If you do not agree to any of the updates or amendments at any time you should cease to use the services.
7. THIRD PARTY RIGHTS
7.1 We and you do not intend that any provision in the terms and conditions shall be enforceable by any person that is not party to these terms and conditions.
8. ENTIRE AGREEMENT
9.1 You will not commit or encourage a criminal offence; send or receive any material which is in any way offensive or obscene, or in breach of confidence, copyright, privacy or any other rights; act contrary to the acceptable use policies of any Linked Sites or community standards generally; transmit or distribute a virus; hack into any aspect of the Service; corrupt data; cause annoyance to other Users; infringe upon the rights of any other person’s trademarks or other proprietary rights; send any unsolicited advertising or other promotional material, commonly referred to as ‘spam'; or attempt to affect the performance or functionality of any computer facilities of or accessed through the Hair Extensions By Anna Shabilla Web site. We aim to treat all of our customers with respect and will not tolerate any threatening, abusive or bullying material sent by email or committed by telephone. Should such matters arise, we have the legal right to take this matter to the police in accordance with these terms & conditions.
10.1 All information and material submitted by you to Hair extensions By Anna Shabilla or that you publish on any public area of the Hair Extensions By Anna Shabilla Web site shall be provided by the submitter and accepted by Hair Extensions By Anna Shabilla on a non-confidential basis. Furthermore, Hair extensions By Anna Shabilla shall be granted a perpetual royalty-free non-exclusive license in the copyright of any material submitted and Hair Extensions By Anna Shabilla shall be free to use, edit, copy, republish and distribute (for any purpose) and authorise others to do the same, any such information or material and any ideas contained in such information or material.
11.1 Hair Extensions By Anna Shabilla may at any time terminate or suspend any part of the Service without notice to you.
12.1 You agree to indemnify, defend and hold harmless Hair Extensions By Anna Shabilla, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from, without limitation, your use of the Hair Extensions By Anna Shabilla services, your breach of the Terms of Service, your infringement of any intellectual property right or any other right of any person or entity, or your breach of any duty of confidence or privacy, or any defamatory statements made by you in any form.
13. INTELLECTUAL PROPERTY
13.1 The intellectual property rights in all software made available and content supplied to you remains the property of Hair Extensions By Anna Shabilla, its licensors, advertisers or content suppliers. You will comply with the terms of any agreement required by the owner of intellectual property rights in all software and content supplied to you as notified to you and you hereby acknowledge that all software that is not made readily available to you is confidential, and that all other rights including but not limited to database rights and copyright are asserted and reserved by Hair Extensions By Anna Shabilla, its licensors, advertisers or content suppliers. You may store, manipulate, analyse, reformat, print and display the content supplied solely for your own personal use. In no event are you permitted to publish, distribute or otherwise reproduce in any format any of the content or copies of the content supplied to you or which appears on the Hair Extensions By Anna Shabilla site and you are prohibited from using any such content in connection with any business or commercial enterprise including, without limitation, any media business or enterprise. You shall not modify, translate, reverse engineer, decompile, disassemble (except to the extent that applicable laws expressly or impliedly prohibit such restriction) or create derivative works based on any software or any documentation accompanying such software supplied by Hair Extensions By Anna Shabilla, its licensors, advertisers or content suppliers. Hair Extensions By Anna Shabilla are trademarks belonging to Hair Extensions By Anna Shabilla. No license or consent is granted to you to use these marks in any way, and Hair Extensions By Anna Shabilla reserves all rights in these and any related marks. You agree not to use these marks or any marks, which are colourably similar without the written permission of Hair Extensions By Anna Shabilla.
14. GOVERNING LAW AND JURISDICTION
14.1 We shall endeavour to resolve any disagreements between us and you quickly and efficiently. The agreement between you and us shall be governed by the law and you and we shall both submit to the exclusive of the courts.