Updated June 2015
This website is operated by www.atheniahair.com.
As user of this website (referred to as "you/your") you acknowledge that any use of this website including any transactions you make ("use/using") is subject to our terms and conditions below (which includes any other important sections e.g. home delivery service and returns and refunds, read through these terms and conditions carefully before using this website. If you disagree with any part of these terms and conditions, please do not use our website.
1.1 We reserve the right to change these terms and conditions at any time without prior notice. The copy of these terms and conditions to which you are reading may not be the most up to date version, we will however, endeavour to update any changes to our terms and conditions on the website as quickly as possible, if you are in any doubt or would like further information please contact. It is your responsibility to read the terms and conditions on each occasion you use this website, Any purchases made on our website shall signify your acceptance to be bound by the latest terms and conditions.
1.2 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use this website.
1.3 Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.
1.4 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
2. Order Process
2.1 Please see the home delivery information and how to use this website section for information on how to place an order. All orders that you place on this website will be subject to acceptance in accordance with these terms and conditions.
2.2 Acceptance of your order and the completion of the contract between you and us will take place on despatch to you of the products ordered unless we have notified you that we do not accept your order or you have cancelled it (please refer to returns and refunds).
2.3 Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 28 days.
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 trade marks 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 atheniahair.com website.
4. Price and Payment
4.1 We take payment from your card or Paypal account at the time we receive your order, once we have checked your card details/payment details and stock availability. Goods are subject to availability. In the event that we are unable to supply the goods, we will inform you of this as soon as possible. A full refund will be issued back to your chosen method of payment.
4.2 The price of the Goods shall be that stipulated on the Website.
4.3 The total purchase price, including VAT and delivery charges, if any, will be displayed in the Buyer’s shopping cart prior to confirming the order.
5.1 Goods supplied within the UK will normally be delivered within 3 working days of acceptance of order.
5.2 Goods will be supplied outside the UK subject to International orders may be subject to import duties and taxes, which are incurred once the package reaches your country. In this case, if additional charges are required by customs clearance, the Customer must incur these charges. In this case we advise each Customer to contact their local customs office to seek further information. International deliveries are subject to opening and inspection by customs authorities.
5.3 The Seller shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
5.4 Delivery of the Goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
5.5 Risk in the Goods shall pass to the Buyer upon delivery of the Goods, or where the Buyer fails to take delivery at the agreed time, at the time delivery was attempted.
5.6 Title in the Goods shall not pass to the Buyer until payment of the price has been made in full.
5.7 All parcels will be first/second class signed for basis in the UK.
5.8 If the customer fails to make arrangements to receive the delivery or collect of the goods from the mail office upon non receipt of goods atheniahair.com at its option will arrange to store and insure the goods at the customers own expense and risk. Delivery can be re-arranged providing that customer would be liable for the courier costs incurred by us on the customer’s behalf.
5.9 Risk of loss and damage of products passes to you on the date when the products are delivered or on the date of first attempted delivery by us.
5.10 atheniahair.com shall not be liable, if the Customer accepts delivery and signs the Proof of Delivery without any amendments notifying discrepancies or damages.
6. Returns and Cancellation
6.1 Cooling-Off Period
By law you have the right to cancel any order within seven days of the day after the item is delivered to you. Therefore, you are welcome to cancel your order up to 7 days from order receipt - your statutory rights will not be affected. You can cancel your order by sending an email. You must quote your Reference number and inform us. If the order has not been despatched, we will ensure we stop the delivery process. If however the order has already been sent, please inform us you wish to exercise your right to cancel your order and enclose your reference number with the returned item to us. We will refund your money less any delivery costs. All we ask is please take care of our goods, ensure all items are complete are in their original packaging, unused and in resalable condition. The item must be returned in an unused condition to qualify.
6.2 Unwanted Goods
Goods are not sold on a trial basis and unwanted goods that have been used can only be returned if they are able to be restocked as new. Items that need to be repackaged or the seals have been broken will be subject to a restocking fee of 15% of the purchase price to cover the restocking costs. atheniahair.com reserve the right to refuse to refund monies for goods bought in error which are not re-saleable. All monies paid for cancelled goods will be refunded within 30 days from date of cancellation. Please note: It is a legal requirement that you take care of the goods and you are responsible for the carriage costs of returning goods to us unless we delivered goods to you in error, or if goods are faulty.
7. Limitation of Liability
7.1 Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under applicable law.
7.2 Subject to .Section 6.1 above, atheniahair.com will use reasonable endeavours to verify the accuracy of any information on the site but makes no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the site or that it will be timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website. atheniahair.com will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website and atheniahair.com accepts no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the site.
7.3 Subject to Section 6.1 above, atheniahair.com will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent on negligent misrepresentations) or otherwise out of or in connection with the terms and conditions for any: economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or loss of goodwill or reputation; or special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under these terms and conditions.
7.4 Notwithstanding the above, subject to Section 6.1 atheniahair.com aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the product(s) in respect of one incident or series of incidents attributable to the same clause.
7.5 This does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.
7.6 We will take all reasonable measures to ensure that information you transmit to this website will remain confidential and protected from unauthorised access but we do not warrant against unauthorised access and will not be liable for any unauthorised access by any means to that information.
8. Miscellaneous Provisions
8.1 The contract between us shall be governed by the laws of England and any dispute between us will be resolved exclusively in the courts of England. English is the only language offered for the conclusion of the contract.
8.2 We have selected our products on the basis that they will be used for domestic use only, if you are planning to use them for business purposes please make sure that you are covered by the appropriate insurance. Where you decide to use the products in the course of a business, we exclude (to the fullest extend permitted by law) those warranties and conditions relating to fitness for a particular purpose. Our maximum liability to business users arising out of or in connection with the products shall be limited to the replacement value of the product in question (except in the case of death or personal injury caused by our negligence or in respect of fraud). In relation to business users, we do not accept liability for the fitness of goods for business purposes, nor do we accept liability for loss of use of the item or any loss over and above the cost of the item in the event of a claim for breach of warranty or condition.
8.3 atheniahair.com shall be under no liability for any delay or failure to deliver products or otherwise perform any obligation as specified in these terms and conditions if the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control.
8.4 If any portion of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these terms and conditions shall not be affected.
8.5 These terms and conditions do not create or confer any rights or benefits enforceable by any person that is not a party (within the meaning of the U.K. Contracts (Rights of Third Parties) Act 1999).
8.6 No delay or failure by to exercise any powers, rights or remedies under these terms and conditions will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorised representative of atheniahair.com.
9. Intellectual Property
9.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available as part of your use of this website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.
9.2 You acknowledge and agree that the material and content contained within this website is made available for your personal non-commercial use only and that you may only download such material and content for the purpose of using this website. You further acknowledge that any other use of the material and content of this website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
10. Force Majeure
We shall have no liability to you for any failure or delay in supply or delivery or for any damage or defect to goods supplied or delivered hereunder that is caused by any event or circumstance beyond our reasonable control (including, without limitation, strikes, lockouts and other industrial disputes).
11. Health & Safety
By purchasing any product from our web site, you acknowledge that you have read and understood our complete usage instructions and procedures for the products advertised. Atheniahair.com cannot be held liable for any injury caused by improper usage of the products listed in the website. All goods are sold on the understanding they will be used for their intended purpose. No responsibility will be accepted by the Company for the misuse of equipment, furniture or products by trained or untrained personnel
11.1 All products are quality controlled and checked prior to dispatch.
We recommend you print out a copy of these terms and conditions for future reference. If you have any questions regarding the atheniahair.com website, please contact us for more information via the ‘contact us’ tab.