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 mailing address is 1-3 Athanasiou Diakou, Vari Attica, P.O. 16672. Our VAT number is 801793658. These terms and conditions will apply to all orders placed with us, whether through our website or otherwise.

  1. Your legal status:

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

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

(b) you are at least 18 years old.

  1. How the contract between us is 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. 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 to you 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 apply 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 the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.

  1. Our legal status:

4.1 We may provide links on our website to websites of other companies, whether or not they are affiliated with us. We cannot make any commitment that 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 absolutely DISCLAIMED by us. This DISCLAIMER does not affect your legal rights against the third party seller. If you want information about your legal rights, you should contact your local trading standards or citizens' advice offices. We will notify you when a third party is involved in a transaction and may disclose your personal information related to that transaction to the third party seller.

  1. 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 event, 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 obligation, we may have the right to sue 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 tell 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 it being dispatched.

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

  1. Availability and Delivery

6.1 All quoted delivery dates and times are estimates and although we will endeavor 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 give you the option of either waiting for the Products or canceling your order and receiving a full refund.

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

6.3 We shall not be liable for any delay in the delivery of the Products caused by an Event of Force Majeure 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 damages should be pursued directly against the third party.

  1. Risk and Ownership

7.1 The Products are your responsibility after delivery.

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

  1. Price and payment

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

8.2 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 processes 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 despatch of the Product, or reject your order and notify you that the we reject.

8.5 If the pricing error is obvious and unmistakable and could reasonably be recognized by you as an error, we need not supply the Products to you at the incorrect (lower) price.

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

  1. our products

9.1 Images of the Products on our website are for illustrative purposes only. Although we have made every effort to display colors accurately, we cannot guarantee that the display of colors on your computer accurately reflects the color of the Products. Your products may vary 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 listed on our website have an error tolerance 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 not available and will not process your order if it is.

  1. Our refund policy

10.1 If you return a Product to us:

(a) where you are only a consumer and you have canceled the contract between us within the seven-day withdrawal period (see clause 5.1 above) (and the Product has not been used), we will process the refund due to you as soon as possible possible and in any case within 30 days of the day on which you notified us of the cancellation. In this case, we will refund the full price of the Product 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 any of our policies, or because you believe that the Product is defective), 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 eligible for 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 have confirmed to you by email that you are entitled to a refund. We will fully refund the price of a defective Product.

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

10.3 In the event that you notify 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 notified us of non-receipt of your product within 5 working days of the expected delivery date and

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

10.4 In the event that any Product supplied to you is damaged, we will give you a full refund and/or replace it at our discretion, provided that:

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

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

(c) Provide us with 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 under no obligation to provide you with a replacement/refund for any Product under 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 Royal Mail's product damage/loss compensation scheme which can be found at www.royalmail .com, unless you can prove that we failed to ship the item to you or that the damage to the Product was caused by us.

  1. 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 use 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 will be strictly prohibited from reselling Products over the Internet without first obtaining our written consent to do so.

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 will be 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 any other websites online auctions. In the event that it becomes apparent that you have breached the terms of this clause, you will be liable to pay us damages equal to the profits you have made from your breach of the terms of this clause and all our reasonable legal costs in enforcing them.

  1. Our liability – your attention is particularly drawn 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 a willful breach:

(a) loss of income or revenue;

(b) loss of business;

(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 foreseeable loss or damage to your physical property or any other claims for immediate loss not excluded by clauses (a) to (f), including 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 misrepresentation;

(c) any breach of obligations 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 disclaim or attempt to disclaim our liability.

  1. Intellectual property rights

13.1 The following definition applies to these terms:

Intellectual property rights: all patents, invention rights, utility models, intellectual and related rights, trademarks, service marks, trade names, business and domain names, trade dress or trade dress rights, goodwill or passing off action, unfair competition rights, design rights, computer software rights, database rights, surveying rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property right, in each 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 owned by us and you will be strictly prohibited from displaying or using the same without first obtaining our written consent. However, you will have the right to use our Intellectual Property Rights to the extent necessary for the reasonable use of the Products in accordance with these terms.

  1. 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 specified destination. You will be responsible for paying such import duties and taxes. Please note that we do not control these fees 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 responsible for any violation of such laws by you.

  1. Written communications

Applicable law requires that some of the information we send you or the communications we make be in writing. When you use our website, you accept that communication with us will be primarily electronic. We will contact you by email or provide you with information by posting notices on our website. For contractual purposes, you agree 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 condition does not affect your statutory rights.

  1. Notifications

All notices you give to us must be given to Beautiful Brows at info@beautifulbrows.co.uk. We may notify you either to your email, to the postal address you provide to us when placing an order, or in any of the ways set out in section 15 above. Notice will be deemed received and properly served once it is posted on our website, 24 hours after an email is sent or three days after the date any letter is posted. In proving service of any notice it shall 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 e-mail, that such e-mail was sent to the recipient's specified e-mail address.

  1. Transfer of rights and obligations

17.1 The contract between us is binding on you and us and 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 under it, at any time during the Contract.

  1. 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 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 labor actions,

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

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

(d) inability to use railways, ships, aircraft, motor 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, decrees, laws, 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 to perform it during that period. We will use our reasonable efforts to resolve the Force Majeure Event or to find a solution by which our obligations under the Agreement can be performed despite the Force Majeure Event.

  1. 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 fail to exercise any of the rights or remedies to which we are entitled under the Agreement, this will not constitute a waiver of such rights or remedies and will not relieve you of compliance with these 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 shall be effective unless expressly stated to be a waiver and communicated to you in writing in accordance with clause 16 above.

  1. Separability

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

  1. 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 We each acknowledge that in entering into a contract, neither of us relies or will have any remedy, in respect of any representation or warranty (whether made innocently or negligently), 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 respect of 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.

  1. 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 to our system features;

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 these policies or to these terms and conditions is required to be made by law or government authority (in which case we will applies to orders previously placed by you) or if we notify you of the change to these policies or these terms and conditions, before we send 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 your receipt of the Products).

  1. 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 conclusion (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.

  1. 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 relation to them under the Contracts (Rights of Third Parties) Act 1999.