(f) We/Our/Us: Wella (UK) Ltd (company number 12857361), of 7th Floor, St George’s House, 5 St George’s Road, Wimbledon, London, United Kingdom.
1.2 When We use the words "writing" or "written" in these Terms, this will include e-mail unless We say otherwise.
2. OUR CONTRACT WITH YOU
2.1 These are the terms and conditions on which We supply Products to you.
2.2 Please ensure that you read these Terms carefully and check that the details of your Order are complete and accurate before you submit the Order. These Terms tell you who We are, how We will provide Products to you, how you and We may change or end the contract, what to do if there is a problem and other important information.
2.3 When you submit the Order to Us, this does not mean We have accepted your Order. Our acceptance of the Order will take place as described in clause 2.4. If We cannot accept your Order We will inform you of this, We will not process the Order and any payment taken will be refunded (or any pending payment will be released). We might not accept your Order because the Product is out of stock, because of unexpected limits on Our resources which We could not reasonably plan for, because your Order breaches any of these Terms, because We have identified an error in the price or description of the Product or because We are unable to meet delivery deadlines.
2.4 Our acceptance of your Order will take place when We dispatch the Products you have ordered from Our warehouse. This is the point at which point a contract will come into existence between you and Us and these Terms will become binding on you and Us. We will confirm dispatch of the Products and acceptance of your Order by email. Please note that the processing of your payment (or placing a pending payment on your account) and acknowledgment of your Order does not constitute acceptance of your Order.
2.5 We shall assign an order number to the Order and inform you of it when We accept the Order. It will help us if you can quote the order number in all subsequent correspondence with Us relating to the Order.
2.6 These terms constitute the entire agreement between us in relation to your purchase. You acknowledge that You have not relied on any statement, promise, representation, assurance or warranty made or given by Us or on our behalf which is not set out in these terms and that You have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
3. CHANGES TO ORDER OR TERMS
3.1 We may revise these Terms from time to time so you should check the Terms prior to placing any future Order.
4.2 Delivery of an Order shall be completed when We deliver the Products to the address you gave Us. The Products will be at your risk from the completion of delivery.
4.3 If We are not able to deliver the whole of the Order at one time due to operational reasons or shortage of stock, We will, except where your Order includes a pre-order, deliver the Order in instalments. We will not charge you extra delivery costs for this. However, if you ask Us to deliver the Order in instalments, We may charge you extra delivery costs. Each instalment shall constitute a separate contract governed by these Terms. If We are late delivering an instalment or one instalment is faulty, that will not entitle you to cancel any other instalment.
4.4 You own the Products once We have delivered them (provided that We have received payment in full).
4.5 If, after three attempted and failed deliveries to you we may end the contract and clause 10.2 will apply.
4.6 On delivery of your Order please check the Products against the delivery note. If there is any discrepancy or if any Product is damaged please contact Us as set out in clause 11 as soon as possible. Where there is a discrepancy with your Order, We will ask you to return the Product to us in unused condition and in its original packaging which should be undamaged. Please inform Us as soon as possible, and no later than within 7 days, if you consider that the Products are damaged. This will be without prejudice to any damage or fault you could not have discovered on reasonable inspection of the Products.
4.7 If Delivery of an Order is to a UK address and you have not received your Order within 7 days of receiving the order confirmation please contact Us as set out in clause 11. International deliveries may take longer.
4.8 If We fail to deliver the Products, our liability is limited to the cost of obtaining replacement products of a similar description and quality in the cheapest market available, less the price of the Products. However, We will not be liable to the extent that any failure to deliver was caused by an event outside our control (as described in clause 8), or because you failed to provide adequate delivery instructions or any other instructions that are relevant to the supply of products.
5. YOUR RIGHTS AND REMEDIES
5.1 Customer warranty. We warrant that on delivery, Products shall:
5.1.1 conform in all material respects with their description;
5.1.2 be free from material defects in design, material and workmanship;
5.1.3 be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
5.1.4 be fit for any purpose held out by us.
5.2 Customer remedies. Unless an exception applies (see 5.3 Exceptions to customer warranty), if:
5.2.1 you give Us notice in writing within a reasonable time of delivery that a Product does not comply with the customer warranty;
5.2.2 We are given a reasonable opportunity of examining such Product; and
5.2.3 you return such Product to Us at our cost,
We shall, at Our option replace the defective Product, or refund the price of the defective Product in full and this will be your only remedy for breach of the warranty. These terms shall apply to any repaired or replacement products supplied by Us.
5.3 Exceptions to customer warranty. We will not be liable for a Product's failure to comply with the customer warranty (see clause 5.1) if:
you make any further use of such Product after telling Us it is non-compliant;
the defect arises because you failed to follow Our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;
you combine the Product with another product without Our written consent; or
the defect arises because of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
6. PRICE AND PAYMENT
6.1 The price of the Products will be the price indicated on the order pages when you place your Order. We take all reasonable care to ensure that the price of the Product advised to you is correct. However please see clause 6.3 for what happens if We discover an error in the price of the Product you order or in any promotional discount applied to the Order. Our prices may change at any time, but price changes will not affect Orders that We have accepted.
6.2 All prices exclude VAT (where applicable) at the applicable current rate chargeable in the UK (in respect of sales made via https://uk.wella.professionalstore.com/) or chargeable in the Republic of Ireland (in respect of sales made via https://ie.wella.professionalstore.com/) for the time being. If the rate of VAT changes between your order date and the date We supply the Product, We will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
6.3 It is always possible that, despite Our best efforts, some of the Products We sell may be incorrectly priced or promotional discounts may be incorrectly applied. We will normally check prices and promotional discounts before accepting your Order so that, where the Product's correct price (less any promotional discount) at your Order date is less than Our stated price at your Order date, We will charge the lower amount. If the Product's correct price (less any promotional discount) at your Order date is higher than the price stated to you, We will contact you for your instructions before We accept your Order. If We accept and process your Order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, We may end the contract, refund you any sums you have paid and require the return of any Products provided to you.
6.4 The price of the Products does not include delivery charges. Our delivery charges are advised to you during the check-out process and will be added to the total amount due before you confirm your order. To check relevant delivery charges, please see the “FAQ” section of the Website at https://uk.wella.professionalstore.com/faq (UK) or https://ie.wella.professionalstore.com/faq (IE) as applicable.
6.5 You must make payment for Products by credit or debit card . Payment for Products and all applicable delivery charges is in advance. We will not charge your debit or credit card until we dispatch your Products, with the invoice on delivery.
6.6 You must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
7. OUR LIABILITY TO YOU
7.1 Except in respect of the losses described in clause 7.2 Losses we never limit or exclude:
7.1.1 We shall not be liable to You, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
7.1.2 Our total liability to You for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to one hundred per cent (100%) of the total sums paid by You for Products under such contract.
7.2 Losses we never limit or exclude. Nothing in these Terms shall limit or exclude Our liability for:
7.2.1 death or personal injury caused by negligence to the extent preserved by section 2(1) of the Unfair Contract Terms Act 1977;
7.2.2 fraud or fraudulent misrepresentation;
7.2.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
7.2.4 defective products under the Consumer Protection Act 1987; or
7.2.5 any liability that cannot legally be limited.
7.3 No implied terms about goods. Except to the extent expressly stated in Your Rights and Remedies, We exclude all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982.
8. EVENTS OUTSIDE OUR CONTROL
We are not responsible for delays outside Our control. If Our supply of the Products is delayed by an event outside Our control then We will contact you as soon as possible to let you know and We will take steps to minimise the effect of the delay. Provided We do this We will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact Us to end the contract and receive a refund for any Products you have paid for but not received.
9. PROMOTIONS
9.1 The terms set out in this clause apply to all Our offers and promotions and you should read these along with the terms of the specific offer. Where a specific offer says something different to this clause 9, the terms of the specific offer will apply.
9.2 No promotion, discount or promotional code available for redemption on the Website may be used in conjunction with another offer.
9.3 A promotional code cannot be applied to an Order after it has been placed.
9.4 Discounts do not apply to any delivery charges unless expressly stated.
9.5 Where you return Product to Us and receive a refund for any reason, the refund will be for the price paid, taking into account the offer. This means that you will effectively pay full price for the products you keep and lose the benefit of the offer.
9.6 Where you receive a free gift with your Order, you must return the free gift if you return the Product(s) which entitled you to a free gift. Where you received a product for free or at a discounted price because you purchased a qualifying product, you must return the free or discounted products when you return the qualifying product.
10. OUR CANCELLATION RIGHTS
10.1 We may end the contract for a Product at any time by writing to you as soon as reasonably possible (and, where (d) or (e) apply, offering you the choice of a refund or an alternative product) if:
(a) you do not make any payment to Us when it is due;
(b) you do not, within a reasonable time, allow Us to deliver the products to you;
(c) We become aware, or reasonably believe, that you are in breach of these Terms;
(d) stock becomes unavailable; or
(e) an event outside of Our control (as set out in clause 8) occurs.
10.2 If we end the contract in the situations set out in clause 10.1 We will refund any money you have paid in advance for Products We have not provided (or release any holding payment placed on your account). If We end the contract in the situations set out in clause 10.1(c), We may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
11. INFORMATION ABOUT US AND HOW TO CONTACT US
11.1 We are a company based in England. Our company registration number is 12857361and Our registered office is at 7th Floor, St George’s House, 5 St George’s Road, Wimbledon, London, United Kingdom.. Our registeredUK VAT number is: 370 8721 87 and our Irish VAT number is: 3714223GH
11.2 If you have any questions or if you have any complaints, please contact Us. You can contact Us by telephoning Our customer service team on 0203 901 1163 or by e-mailing Us at ukiwellastore@wella.com.
11.3 If you wish to contact Us in writing, or if any clause in these Terms requires you to give Us notice in writing, you can send this to Us by email to ukiwellastore@wella.com, by hand or by pre-paid post to the address set out in clause 11.1. We will confirm receipt of this by contacting you in writing. If We have to contact you or give you notice in writing, We will do so by e-mail, by hand or by pre-paid post to the address you provide to Us in the Order.
12. HOW WE MAY USE YOUR PERSONAL INFORMATION
We will use the personal information you provide to Us in accordance with the Privacy Policy set out on the Website.
13. OTHER IMPORTANT TERMS
13.1 We may transfer Our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and We will ensure that the transfer will not affect your rights under the contract.
13.2 You may only transfer your rights or your obligations under these Terms to another person if We agree in writing.
13.3 This contract is between you and Us. No other person shall have any rights to enforce any of its terms.
13.4 Any variation of the contract only has effect if it is in writing and signed by You and Us (or our respective authorised representatives).
13.5 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining terms will remain in full force and effect.
13.6 If We fail to insist that you perform any of your obligations under these Terms, if We do not enforce Our rights against you or if We delay in doing so that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example if you do not pay and we do not request payment but provide the Products, we can still require you to make a payment at a later date.
13.7 These Terms are governed by English law. You irrevocably agree to submit all disputes arising out of or in connection with our contract with you to the exclusive jurisdiction of the English courts.