Terms and Conditions
TERMS AND CONDITIONS
These terms and conditions (“Terms”) apply to the entire contents of the Website under the domain name www.www.milkshakehaircare.co.uk (“Website”) and to any correspondence by e-mail between us and you. Please read these Terms carefully before using the Website. By accessing any part of the Website you shall be deemed to have accepted these Terms in full. If you do not accept these Terms or any part of them, you cannot use the Website and you must leave it immediately. References to “us”, “our” and “we” in these Terms means Red Hot Products Ltd, a company registered in UK under company number 6831515 and having its registered office at Red Hot Products Ltd ed Hot Products Ltd Unit 1, Jacks Way Hill Barton Business Park Clyst St Mary, EX5 1FG
YOUR USE OF THIS WEBSITE
The content of this Website is © RED HOT PRODUCTS LTD. All rights are reserved. Access to the Website is permitted on a temporary basis. You are permitted to print and download extracts from this Website for your own personal and non-commercial use. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of material on the Website must always be acknowledged.
Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website are owned by us or our licensors. Except as expressly provided nothing contained in this Website shall be construed as creating any license or right under copyright, trademark or other intellectual property rights.
Any use of extracts from this Website other than as permitted above for any purpose is prohibited. If you breach any of these Terms, your permission to use the Website will automatically terminate and you must immediately destroy any downloaded or printed extracts from the Website.
SERVICE ACCESS
We give no warranties as to the availability, performance or accessibility of the Website. While we endeavour to ensure that this Website is available 24 hours a day, we shall not be liable if for any reason this Website is unavailable at any time or for any period. Access to this Website may be suspended temporarily or permanently and without notice at our discretion including without limit in the case of system failure, maintenance or repair or for reasons beyond our control.
LINKS TO OTHER WEBSITES
Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which it is stored or any server, computer or database connected to it. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it.
DISCLAIMER
While we endeavour to ensure that the information on the Website is correct, we do not warrant the accuracy and completeness of the material on the Website. We may make changes to the material on the Website, or to the products and prices described in it, at any time without notice. The material on the Website may be out of date, and we make no commitment to update such material.
The material on the Website is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these Terms might have effect in relation to this Website.
OUR LIABILITY
We take no responsibility or any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Website or in connection with the use, inability to use, or results of the use of the Website, any websites linked to it and any materials posted on it, including, without limitation any liability for:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss of goodwill;
- wasted management or office time; and
- any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
INFORMATION ABOUT YOU AND YOUR VISITS TO OUR WEBSITE
We process information about you in accordance with our Privacy Policy. By using our Website, you confirm that you have read and agree to the terms of our Privacy Policy and consent to such processing and you warrant that all data provided by you is accurate.
TRANSACTIONS CONCLUDED THROUGH OUR WEBSITE
Contracts for the supply of goods formed through the Website or as a result of visits made by you are governed by our terms and conditions of supply .
NOTICES
We may send notices to the email address provided to us by you. It is your responsibility to ensure that you notify us of any change to your email address. Any notice sent by us to your email address shall be deemed to have been delivered at the time of sending.
SUSPENSION AND TERMINATION
Without prejudice to any other rights we may have, we reserve the right to suspend and/or restrict your access to the Website without notice and at our entire discretion.
We have the right to terminate your use of this Website if we determine in our sole discretion that you have breached these Terms.
AMENDMENT
Whilst we have made every effort to ensure the accuracy of the information on the Website, the information given on the Website is subject to change without notice.
We reserve the right to vary these Terms at any time. If we choose to do so, the updated version will be posted on the Website and you will bound by the updated version if you continue to use the Website thereafter. You should therefore check the Website from time to time to review the then current terms.
SEVERABILITY
If any provision of the Terms shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of this agreement which shall remain in full force and effect.
GOVERNING LAW AND JURISDICTION
The Terms shall be governed by and construed in accordance with English law and the parties irrevocably submit to the exclusive jurisdiction of the English courts.
STANDARD TERMS AND CONDITIONS OF ONLINE SALE
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (“Products”) listed on our website www.milkshakehaircare.co.uk (“Website”) to you. Please read these terms and conditions carefully before ordering any Products from the Website.
[By ordering any of our Products, you agree to be bound by these terms and conditions.] OR
[Please click on the button marked “I Accept” at the end of these terms and conditions if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.]
You should print a copy of these terms and conditions for future reference.
Information about us
The Website is operated by Red Hot Products Limited(“we”, “us”, “our”), a company registered in the UK under company number 6831515 and having its registered office at Red Hot Products Ltd, Unit 1, Jacks Way, Hill Barton Business Park, Clyst St Mary, Exeter, EX5 1DR
Service availability
Our site is only intended for use by people resident in the U.K. If you are from outside the UK we are unable to supply you. Please contact us by telephone or email if you would like us to advice you of international stockists.
Your status By placing an order through our site, you warrant that:
You are legally capable of entering into binding contracts;
You are at least 18 years old; and
[You are resident in the U.K.] How the contract is formed between you and usAfter placing an order, you will receive an e-mail from us acknowledging 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 buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the “Dispatch Confirmation”). The contract between us (the “Contract”) will only be formed when we send you the Dispatch Confirmation. The Contract will relate only 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.
Consumer rights
If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 9 below).
To cancel a Contract, you must inform us in writing. You must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
No provision of these terms and conditions will adversely affect the statutory rights of any consumer.
Availability and delivery
Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation, unless there are exceptional circumstances.
Risk and title
The Products will be at your risk from the time of delivery.
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.
Price and payment
The price of any Products will be as quoted on the Website from time to time, except in cases of obvious error. These prices include VAT but exclude delivery costs, which will be added to the total amount due as set out on the Website. Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation. The Website contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on the Website may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on the Website, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing. Payment for all Products must be by credit or debit card. We accept payment with Visa, Mastercard, Visa Debit, Electron, Maestro and Solo. Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. Where applicable, prices are inclusive of VAT. Delivery costs will be charged in addition; such additional charges are clearly where applicable and included in the ‘Total Cost’.
The Service may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to fill any orders that you may place based on information on the Service that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies.
Our refunds policy
Please see refunds policy
Our liability
Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased.
This does not include or limit in any way our liability:
For death or personal injury caused by our negligence;
Under section 2(3) of the Consumer Protection Act 1987;
For fraud or fraudulent misrepresentation; or
For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
We shall not have any liability to you (howsoever arising, including any liability in tort) for any:
loss of profits or anticipated savings;
loss of or damage to reputation or goodwill;
loss of opportunity;
wasted management or other staff time;
loss of data;
losses or liabilities under or in relation to any other contract;
in each case whether direct, indirect, special and/or consequential loss or damage; or
for any other indirect, special and/or consequential loss or damage.
Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
Notices
All notices given by you to us must be given Red Hot Products, Unit 4, Otter Court, Manaton Close, Manaton Close, Matford Business Park, Exeter, EX2 8PF or sales@milkshakehaircare.co.uk. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 12 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting 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 addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
Transfer of rights and obligations
The Contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
We may transfer, assign, charge, sub-contract 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.
Events outside our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
Strikes, lock-outs or other industrial action.
Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
Impossibility of the use of public or private telecommunications networks.
The acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
Waiver
If we fail, at any time during the term of a Contract, to insist upon 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 Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 13 above.
Severability
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
Entire agreement
These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
Our right to vary these terms and conditions
We have the right to revise and amend these terms and conditions from time to time.
You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental 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 we send you the Dispatch Confirmation (in which case we have the right 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 by you of the Products).
Law and jurisdiction
Contracts for the purchase of Products through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
