Terms & Conditions of Sale
1. Parties to This Agreement
1.1. In these Terms and Conditions “We”, “Us”, “Our” means Tiffany Parmar trading as Cotswold Lashes, and “You”, “Your” means the customer whose name and address has been inserted by You in the Order Form, either on this website or in our literature.
1.2. “The Goods” means those goods which You have ordered from Us as stated by You on the Order Form either on this website or in our literature.
2. The Agreement
2.1. On Our accepting Your order for the Goods, You agree to be bound by these Terms and Conditions of Sale.
2.2. We will not accept any changes to these Terms and Conditions of Sale unless those changes are agreed between You and Us in writing (which includes by e-mail) before We accept Your order for the Goods.
3. The Acceptance of Your Order
3.1. When We receive Your Order Form, We shall send to You an order acceptance, provided that Your payment for the Goods has cleared.
3.2. The agreement between us (to which these Terms and Conditions of Sale apply) shall become binding on the date and at the time We send the order acceptance to You either in the post or by e-mail.
3.3. We reserve the right to decline Your order for the Goods, but We will give You a reason for doing so.
3.4. Notwithstanding Paragraph 3.1, the Goods are subject to availability from the manufacturer and may be withdrawn at any time. Therefore We reserve the right to cancel Your order if the Goods become unavailable or are withdrawn before delivery, and You acknowledge that We shall have no liability to you except for a full refund of the price for the Goods as shown on the order acceptance.
3.5. We shall notify you in writing (which includes by e-mail) as soon as we know that the Goods are unavailable or have been withdrawn.
4. Cancellation of Your Order
4.1. You can cancel your order to buy the Goods at any time up to our sending to you the order acceptance either by post or by e-mail.
4.2. After the order acceptance has been sent to You, You can only cancel or amend your order with our prior written consent and only then on terms that will compensate us for all of our losses, expenses and additional costs arising out of your cancellation or amendment.
5. Price and other charges will apply if delivery address changes add additional cost to us in delivering your product. Storage charges will apply to any stock held by Us which goes over the agreed number of weeks detailed on quotations or 3 months. Any stock held longer by Us than the agreed call-off period will incur additional storage charges of £2.00 per order per week, but will not incur additional delivery charges.
5.1. The price of the Goods is the current sale price as at the date of your order plus VAT and delivery charges where applicable.
5.2. The delivery charges will be shown on the order acceptance and their amount depends on the type of goods ordered and the delivery location.
5.3. We will give you a quotation as to delivery costs when you place your order with us but we reserve the right to vary the delivery charges to take into account any additional charges that are put onto us by our delivery service providers.
5.4. Any offer for the sale of the Goods which includes “free delivery” means free delivery within the United Kingdom GL postcode only.
6. Description of the Goods
6.1. The Goods are as described on this website or in our literature. We try hard to make sure that the descriptions are accurate, but the Goods may vary from those described and you agree to accept the Goods with these variations and you acknowledge that we have no liability to you in respect of these variations.
7. Changes in the Specification of the Goods
7.1. Our manufacturer has reserved the right to change the specification of the Goods without prior notification to us. In the event that Our manufacturer does change the specification of the Goods, and these changes make the Goods significantly different from those You have ordered, then We shall notify You of the changes and You may then either accept these changed Goods or accept any alternative Goods that We have offered You, or You can claim a full refund of the price as shown on the order acceptance, thereby cancelling the agreement between Us, and You acknowledge that You will have no further claim against Us arising from these changes in the specification by the manufacturer.
8. Payment for the Goods
8.1. Payment for the Goods may be made by credit or debit card through this website, or sent by cheque in the post to the address stated for this purpose on this website. An order acceptance will not be sent to you until payment for the Goods has cleared.
9. Delivery of the Goods to You
9.1. The Goods will be delivered to you at the delivery address inserted by you on the order form or an agreed alternative destination.
9.2. If you decide after you have sent the order to us that you wish to change the delivery address then please notify us immediately in writing (which includes by e-mail) and we will inform you in writing as to whether we can accept this change in delivery address.
9.3. Notwithstanding the terms of Paragraph 9.2, if you have paid for the Goods by credit card payment then we are obligated to deliver the Goods to Your home address and therefore we are not able to accept a change in delivery address in this case.
9.4. Subject to paragraph 9.3, if we accept your change in delivery address we reserve the right to increase the delivery charges and this increase must be paid to us immediately otherwise we will not accept the new delivery address and will deliver the Goods to the original delivery address.
9.5. Although we try to deliver the Goods by the delivery date shown in the order acceptance we cannot guarantee this and we shall neither be responsible to you in the any way for failing to deliver the Goods on the delivery date nor shall you be entitled to cancel the agreement between us in these circumstances.
9.6. We will let you know if we cannot deliver the Goods on the delivery date and give you a reason for this. We will then also give you a new estimated delivery date. If any new delivery date cannot be met by us then we shall again let you know and give you a reason for this.
9.7. We will give you at least two days’ notice of delivery and we will expect you to be able to take delivery of the Goods on that date. If you cannot take delivery on that date for any reason then we will give you another date but you may be charged a fee for this re-arranged delivery which must be paid to us before the new delivery date.
10. Inspection of the Goods on Delivery and Returns
10.1. Before accepting the Goods on delivery, it is your responsibility to inspect the packaging very carefully and if you see any sign of damage to the packaging then the Goods should be refused and we must be notified immediately that delivery has been refused and the extent of the damage.
10.2. Where there is no damage to the packing it is then your responsibility to unpack the Goods and inspect them for signs of damage or missing product before accepting the Goods as delivered. If you see any signs of damage or missing products, delivery should be refused and we must be notified immediately that delivery has been refused and the extent of the damage or missing products.
10.3. If you fail to inspect either the packaging or the Goods and you then subsequently find damage to the Goods or missing products, then you will be liable for the cost of repairing the damage or the supply of the missing products.
10.4. Where you have bought the Goods through Our website and you are not entirely satisfied with the Goods then you are entitled to return the Goods to us within seven (7) days of the delivery date, provided that the Goods are unused, in their original condition, and complete with all packing and documents. Upon receipt of the returned Goods, We will send you a full refund of the price, less any carriage charges incurred by Us in taking the Goods back.
10.5. Where Paragraph 10.4 applies to You, if You want to return the Goods to Us after the seven (7) days has elapsed then this will be entirely at Our discretion and only where the Goods are unused, in their original condition and complete with all packaging and documents, and will be subject to the following deductions being made from Your refund of the price:
10.5.1. Carriage charges incurred by us;
10.5.2. 15% handling fee;
10.5.3. All credit card charges.
10.6. You accept that the Goods are NOT sold to you on a trial basis.
10.7. Where, under paragraphs 10.4 and 10.5, you are permitted to return the Goods to Us if, upon delivery, we or our authorised agent reasonably believe that the Goods have been used and/or are not in their original condition, then we will decline to accept the return of the Goods and no refund will be given. The Goods will then be returned to You and You will be re-charged by Us for the cost of carriage. You must pay Us for these costs of carriage before we return the Goods to You.
11. Insurance Cover
11.1. The Goods will be insured by Us until You accept delivery of them. It is Your responsibility to insure the Goods after delivery of them to You.
11.2. If you return the Goods to Us under paragraphs 10.4 and 10.5, then We will be responsible for insuring the Goods whilst they are in transit. Otherwise you must ensure that the Goods are insured whilst in transit.
12. Your Warranties
12.1. The warranties that We give You will be effective from the date the Goods are delivered to You and will cease at the end of the warranty period(s).
12.2. The warranties do not cover the labour costs in replacing defective parts or any carriage costs if the Goods have to be returned to Us.
12.3. If you wish to make a claim under the warranties, You must set-out in writing (which includes by e-mail) within the relevant warranty period the faults, with as many details as possible, together with your contact details. We will then decide whether the Goods should be returned to Us for repair or whether You can repair these at your premises.
12.4. You accept that, in the case of the minor replacement of parts under the warranties, You will be responsible for installing these without the need to return the Goods to Us. We will give You written instructions on how to perform these minor repair tasks.
12.5. If We ask You to return the Goods to Us for repair under the warranties and We determine that the warranties are invalidated due to either improper use or maintenance, negligence or accident or failure to adhere to the recommended operating and maintenance procedures by You, then We will only replace the defective product upon receipt of the cost of such product, the repair costs and costs of re-delivery.
12.6. If You do not wish Us to repair the Goods in a case where the warranties are invalidated, then You should advise Us of this in writing (which includes by e-mail) and further advise Us that You wish the Goods to be returned to You. We will return the Goods to You when We receive from You the carriage costs.
13. Recall of Goods
13.1. If We are advised by the manufacturer of the Goods to recall the Goods then We will advise You of this in writing (which includes e-mail) as soon as possible. This notice is called the Recall Notice.
13.2. Once you have received the Recall Notice you must cease using the Goods immediately unless you are otherwise advised by us.
13.3. If the Recall Notice tells you to return the Goods to Us, then You must do this immediately and We will refund the cost of the carriage to You once We have received the Goods.
13.4. If We or the manufacturer decide that Your Goods cannot be returned to You due to a safety issue then within twenty-eight (28) days of the Goods being received by Us, You will be offered either new goods which will be of a similar specification to the Goods, or a full refund of the original price of the Goods.
14. A Limitation on Our Liability to You
14.1. Except for Our liability to You for death or personal injury resulting from our negligence, our total liability to You for any claim under this Agreement, not including any claim under the warranties, is limited to the price of the Goods.
15. Governing Law
15.1. These Terms and Conditions of Supply shall be subject the Laws and jurisdiction of the courts of England & Wales.
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