Terms and Conditions

1. Information about us

1.1 We operate the website www.beautifulbrows.co.uk. We are Beautiful Brows Limited, a company registered in England and Wales with company number 07511730. Our postal address is 1-3 Athanasiou Diakou Street, Vari, Attica, P.C. 16672. Our VAT number is GB 238413217. These terms and conditions will apply to all orders placed with us, whether through our website or by any other means.

2. Your legal status:

By placing an order through our website, you guarantee that:

(a) you are legally able to enter into binding contracts and

(b) you are at least 18 years old.

3. How is the contract between us formed?

3.1 After you place an order on our website, you will receive an email from us confirming that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to purchase a Product (“Order”). All orders are subject to acceptance by us and we will confirm this acceptance by sending you an email confirming that the Product has been dispatched (Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.

3.2 The Contract will only relate to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until such Products have been confirmed in a separate Dispatch Confirmation.

4. Our legal status:

4.1 We may provide links on our website to the websites of other companies, whether affiliated with us or not. We cannot guarantee that the products you purchase from third party sellers through our website or from companies to which we have provided a link on our website will be of satisfactory quality and any such guarantees are EXPRESSLY DISCLAIMED by us. This DISCLAIMER does not affect your statutory rights against the third party seller. If you would like information about your statutory rights, you should contact your local trading standards agency or citizens’ advice bureau. We will notify you when a third party is involved in a transaction and we may disclose your personal information relating to that transaction to the third party seller.

5. Consumer rights

5.1 If you are entering into a contract as a consumer, you may cancel a Contract at any time within 14 working days, starting from the day after you receive the Products. In this case, you will receive a full refund of the price paid for the Products, in accordance with our refund policy (set out in section 10 below). Refunds will only be given for Products that have not been used and for which you can show proof of purchase.

5.2 To cancel a Contract, you must notify us in writing. You must also return the Products to us as soon as possible and at your own expense. You have a legal duty to take reasonable care of the Products while they are in your possession. If you fail to comply with this duty, we may be entitled to take legal action against you for damages.

5.3 You will have no right to cancel a contract for the supply of any Products that have been used.

5.4 If you inform us that part of your Product is missing, a replacement product will only be provided if you are able to provide proof of purchase and return the remainder of the Product to us within 5 working days of its dispatch.

5.5 All refunds under this clause are subject to clause 10 below.

6. Availability and Delivery

6.1 All delivery dates and times quoted are estimates and whilst we will endeavour to meet them, we will not be liable if we are unable to do so. We will notify you if we are unable to deliver your products within 30 days of receiving your payment and will give you the option of either waiting for the Products or cancelling your order and receiving a full refund.

6.2 We will deliver the Products to the location specified in the Order or to any other location that the parties may agree (“Delivery Location”) at any time after we notify you that the Products are ready.

6.3 We are not liable for any delay in the delivery of the Products caused by a Force Majeure Event or your failure to provide us with adequate delivery instructions or any other instructions relating to the supply of the Products.

6.4 We accept no liability for any damage caused to the Products as a result of the act or omission of any carrier or any other third party. Any such damage must be pursued directly against the third party.

7. Risk and Ownership

7.1 The Products are your responsibility after the moment of delivery.

7.2 Ownership of the Products will only pass to you when we receive full payment of all amounts due in respect of the Products, including delivery charges.

8. Price and payment

8.1 The price of the Products and delivery charges will be as stated on our website from time to time, except in cases of obvious error.

8.2 The prices displayed online are before and after VAT.

8.3 Product prices and delivery charges may change at any time, however changes will not affect orders for which we have already sent you a Dispatch Confirmation.

8.4 Our website contains a number of Products and it is always possible that, despite our best efforts, some of the Products listed on our website may be incorrectly priced. We will usually verify prices as part of our shipping procedures so that where the correct price of a Product is less than the stated price, we will charge the lower amount when shipping the Product to you. If the correct price of a Product is higher than the price listed on our website, we will normally, at our discretion, either contact you for instructions before shipping the Product, or reject your order and notify you that we are rejecting it.

8.5 If the pricing error is obvious and undeniable and could reasonably be recognised by you as an error, we do not have to provide you with the Products at the incorrect (lower) price.

8.6 Payment for all Products must be made by credit or debit card. We accept payments from all credit or debit cards except American Express, Laser & Paypal. We will charge your credit or debit card and then dispatch your order.

9. Our products

9.1 The images of the Products on our website are for illustrative purposes only. Although we have made every effort to display colours accurately, we cannot guarantee that the colours displayed on your computer will accurately reflect the colour of the Products. Your Products may differ slightly from these images.

9.2 Although we have made every effort to be as accurate as possible, because our products are handmade, all sizes, weights, capacities, dimensions and measurements stated on our website have a tolerance of error of 2%.

9.3 The packaging of the Products may differ from that shown in the images on our website.

9.4 All products displayed on our website are subject to availability. We will notify you by email as soon as possible if the Product you have ordered is unavailable and we will not process your order if it is.

10. Our refund policy

10.1 If you return a Product to us:

(a) if you are a consumer only and you have cancelled the contract between us within the seven day withdrawal period (see paragraph 5.1 above) (and the Product has not been used), we will process the refund due to you as soon as possible and in any event within 30 days of the day on which you notified us of the cancellation. In this case, we will refund the price of the Product in full and any applicable delivery charges. However, you will be responsible for the cost of returning the product to us.

(b) for any other reason (for example, because you have notified us, in accordance with clause 22, that you do not agree to a change to these terms and conditions or to any of our policies or because you consider the Product to be faulty), you must return the product to us within 14 days of the Dispatch Confirmation being sent to you, we will then examine the Returned Product and notify you whether you are entitled to a refund, by email, within a reasonable time. We will usually process any refund that may be due to you as soon as possible and in any event within 30 days of the day we confirmed to you by email that you are entitled to a refund. We will refund the price of a faulty Product in full.

10.2 We usually refund the money we received from you using the same method you originally used to pay for your purchase.

10.3 In the event that you inform us that you have not received a Product, we will refund/replace the product at our discretion and only if the following conditions apply:

(a) The purchase value of the Product is over €35 and

(b) You have informed us of the non-receipt of your product within 5 business days of the expected delivery date and

(c) You have provided us with proof of purchase and any other evidence we needed to investigate the non-receipt of the Product.

10.4 In the event that any Product supplied to you is defective, we will provide you with a full refund and/or replacement at our discretion, provided that:

(a) The purchase value of the Product was over €35 and

(b) You returned the damaged Product to us within 5 business days of receipt and

(c) Provide us with your proof of purchase and any further evidence we need to show how the damage was caused.

10.5 For the avoidance of doubt, we are not obliged to provide you with a replacement/refund for any Product in accordance with clause 10.3 and 10.4 above and all replacements/refunds will be provided entirely at our discretion.

10.6 Any items not received by you with a value of less than €35, sent to you via the Royal Mail Service, must be claimed by you via the Royal Mail product damage/loss compensation scheme which can be found at www.royalmail.com, unless you can prove that we failed to send you the item or that the damage to the Product was caused by us.

11. Business user restrictions

11.1 If you are not a consumer, you confirm that you have the authority to bind any business on whose behalf you are using our website to purchase products.

11.2 We will only provide Products to professional users who are self-employed beauticians or reputable businesses.

11.3 You are strictly prohibited from reselling Products via the Internet without first obtaining our written consent for this purpose.

11.4 You will be strictly prohibited from reselling any of our Products on your website at a lower price than the price at which the Products are sold on our website. In the event that you are found to be in breach of this clause, you will immediately pay us any loss we have suffered as a result of such breach.

11.5 You acknowledge that you are strictly prohibited from reselling our Products on www.groupon.com, www.ebay.co.uk, www.ebay.com and any other website owned by ebay Inc., as well as on any other online auction websites. In the event that it becomes apparent that you have breached the terms of this clause, you will be liable to pay us damages equivalent to the profits you have made from breaching the terms of this clause and all of our reasonable legal costs of enforcing them.

12. Our liability – your attention is drawn particularly to this clause

12.1 Subject to clause 12.3, if we fail to comply with these terms and conditions, we will only be liable to you for the purchase price of the Products.

12.2 Subject to clause 12.3, we will not be liable for losses arising from our failure to comply with these terms and conditions that fall into the following categories, even if such losses arise from wilful breach:

(a) loss of income or revenue,

(b) loss of business activity,

(c) loss of profits,

(d) loss of expected savings,

(e) loss of data or

f) waste of administrative or office time.

However, clause 12.2 will not prevent claims for loss or damage to your physical property, which are foreseeable or any other claims for direct loss, which are not excluded by categories (a) to (f), inclusive of this clause 12.2.

12.3 Nothing in this agreement excludes or limits our liability for:

(a) death or personal injury caused by our negligence,

(b) fraud or deception,

(c) any breach of the obligations arising under section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982,

(d) defective products under the Consumer Protection Act 1987 or

(e) any other matter for which it would be unlawful for us to exclude or attempt to exclude our liability.

13. Intellectual property rights

13.1 The following definition applies to these terms:

Intellectual Property Rights: all patents, rights in inventions, utility models, intellectual and related rights, trademarks, service marks, trade names, business and domain names, rights in trade dress or merchandising, rights in goodwill or assignment, rights in unfair competition, rights in designs, rights in computer software, database rights, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property right, in any case, whether registered or not and including all applications and renewals or extensions of such rights and all similar or equivalent rights or forms of protection in any part of the world.

13.2 All Intellectual Property Rights in the Products contained in all images and materials displayed on our website are our property and you are strictly prohibited from displaying or using the same without our prior written consent. However, you will be entitled to use our Intellectual Property Rights to the extent necessary for the reasonable use of the Products in accordance with these terms.

14. Import duty

14.1 If you order Products from our website for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the designated destination. You will be responsible for paying 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 more information before placing your order.

14.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are intended. We will not be liable for any violation of such laws by you.

15. Written communications

Applicable law requires that some of the information we send you or communications we make be in writing. When you use our website, you agree that your communication with us will primarily be electronic. We will communicate with you by email or provide you with information by posting notices on our website. For contractual purposes, you consent to this electronic means of communication and acknowledge that all contracts, notices, information and other communications we provide to you electronically comply with any legal requirement that such communications be in writing. This requirement does not affect your statutory rights.

16. Notifications

All notices you give to us must be given to Beautiful Brows at info@beautifulbrows.co.uk. We may give you notice either to your email address, or to the postal address you provide to us when placing an order, or by any of the methods set out in section 15 above. Notice will be deemed to have been received and properly served upon posting on our website, 24 hours after sending an email or three days after the date of publication of any letter. In proving the service of any notice it will be sufficient to prove, in the case of a letter, that such letter was properly sent, stamped and posted and in the case of an email, that such email was sent to the specified email address of the recipient.

17. Transfer of rights and obligations

17.1 The contract between us is binding on you and us and on our respective successors and assigns.

17.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations under it, without our prior written consent.

17.3 We may transfer, assign, charge, subcontract or otherwise dispose of a Contract or any of our rights or obligations arising under it, at any time during the term of the Contract.

18. Events beyond our control

18.1 We will not be responsible or liable for any failure or delay in performing any of our obligations under a contract that is caused by events beyond our reasonable control (Force Majeure Event).

18.2 A Force Majeure Event includes any act, event, omission or accident, beyond our reasonable control and specifically includes (without limitation) the following:

a) strikes, lockouts or other industrial action,

(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war,

(c) fire, explosion, storm, flood, earthquake, landslide, epidemic or other natural disaster,

(d) inability to use railways, ships, aircraft, motorized transport or other means of public or private transport,

(e) acts or omissions of any third parties, including Royal Mail or any other carrier,

f) inability to use public or private telecommunications networks,

(g) the acts, orders, legislation, regulations or restrictions of any government and

h) pandemic or epidemic.

18.3 Our performance under any Contract shall be deemed to be suspended for the period during which the Force Majeure Event occurs and we shall have an extension of time for its performance during that period. We will use our reasonable endeavours to resolve the Force Majeure Event or to find a solution whereby our obligations under the Contract can be performed despite the Force Majeure Event.

19. Resignation

19.1 If we fail, at any time during a Contract, to insist on strict performance of any of your obligations under the Contract or any of these terms and conditions or if we do not exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with those obligations.

19.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.

19.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to constitute a waiver and notified to you in writing in accordance with clause 16 above.

20. Separability

If any court or competent authority determines that any of the provisions of these terms and conditions or any provision of a contract is invalid, illegal or unenforceable to any extent, the term, to that extent only, will be severed from the remaining terms, which will continue to apply to the fullest extent permitted by law.

21. The whole deal

21.1 These terms and conditions and any document expressly referred to in them constitute the entire agreement between us and supersede all previous discussions, correspondence, negotiations, prior arrangement, understanding or agreement between us, relating to the subject matter of any Contract.

21.2 Each of us acknowledges that in entering into a contract, neither of us is relying on or shall have any remedy in respect of any representation or warranty (whether made innocently or in tort) which is not set out in these terms and conditions or in the documents referred to in them.

21.3 Each of us agrees that our sole liability in relation to those representations and warranties set out in this agreement (whether made innocently or negligently) shall be for breach of contract.

21.4 Nothing in this clause limits or excludes any liability for fraud.

22. Our right to amend these terms and conditions

22.1 We have the right to review and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in the capabilities of our system.

22.2 You will be subject to the policies and terms and conditions in force at the time you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or government 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 terms and conditions before sending you the dispatch confirmation (in which case we are entitled to assume that you have accepted the change to the terms and conditions unless you notify us to the contrary within seven working days of receipt of the Products by you).

23. Law and jurisdiction

Contracts for the purchase of Products through our website and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.

24. Third party rights

A person who is not a party to these terms and conditions or to a Contract shall have no rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.