Terms & Conditions
last updated 20th, January 2020
General
This Professional Hair Labs Agreement – Terms Of Service Sets Forth The Conditions On Which We (Professional Hair Products Limited) Will Provide The Services Offered Through The Website (“The Website”).
PLEASE READ VERY CAREFULLY ALL OF THE FOLLOWING TERMS AND CONDITIONS AS THEY CONSTITUTE THE AGREEMENT WHICH BINDS BOTH PARTIES.
Parties outset in the online lead generation form, the Buyer and Professional Hair Products Limited of St. Martin’s Road, Rosslare Harbour, Wexford, Co. Wexford, the Seller. The parties are bound by this Agreement and by all Terms of the Privacy Policy of the Seller as displayed on its’ website.
Healthcare Disclaimer
The products are not approved to diagnose, treat, cure or prevent disease. Information including any product label or packaging should not be considered as a substitute for advice from a healthcare professional.
The products are not intended to provide diagnosis, treatment or medical advice. Products, services and any information relating to them are provided for informational purposes only. Please consult with a physician or other healthcare professional regarding any medical or health related diagnosis or treatment options.
Always check the product label or packaging prior to using any product. If there are discrepancies, customers should follow the information provided on the product label or packaging. You should contact the manufacturer directly for clarification as to product labelling and packaging details and recommended use. Please also consult your physician for a complete list of indications, warnings, precautions, adverse events, clinical results, and other important medical information.
Separability
Each Order Placed By The Buyer Or Each Consignment Where An Order Calls For Consignments At Different Dates Shall Be Treated As A Separate Contract. If There Shall At Any Time Be More Than One Contract In The Course Of Performance Between The Seller And The Buyer, Any Claim Which May Arise In Respect Of Any One Contract Or The Terms Upon Which It May Be Settled, Shall Not (Subject To Payment Condition) Affect In Any Way The Performance Of The Other Contracts Nor Shall The Buyer Be Entitled To Exercise Any Right Of Set-Off Or Counterclaim Other Than In Respect Of The Contract Under Which The Original Claim Arose.
Buyer’s Warranty
Eligibility
The Buyer warrants that it has full legal power to enter this Agreement.
This Agreement is personal to the parties and the Buyer is not entitled to and may not resell any of the products purchased without the prior consent of the Seller given before or after entering this Agreement.
If You Create A Wholesale Account With Us, You Will Be Responsible to Keep The Login Information Secret. You’re Responsible For Anything That Happens Using Your Account.
Payment Of Goods
- Unless Otherwise Agreed And Confirmed In Writing Prior To Delivery, Payment For The Goods Shall Be Made Not Later Than 14 Days From Date Of Invoice. Notwithstanding The Above, The Seller May At Any Time Require The Buyer To Make Payments In Advance Of Delivery Or To Advance Adequate Security For The Payment Of All Amounts Due Or To Become Due Under The Contract.
- Payment By Cheque Or Other Negotiable Instrument Is Ineffective Until It Is Honoured And The Seller’s Bank Account Is Credited With The Amount Due.
- If The Buyer Fails To Make Payment By The Due Date Or When Required, The Seller May (Without Prejudice To Any Other Remedy Which It May Have) Cancel The Contract And/Or Any Other Contract Between The Seller And The Buyer And/Or Suspend All Deliveries Until Payment Is Made.
- Where Payment Is To Be Made By Instalments The Failure Of The Buyer To Pay Any Instalment In Due Time Shall Entitle The Seller To Treat Such Failure As A Repudiation Of The Whole Contract By The Buyer And To Recover Damages For Such Breach Of Contract.
- Refunds Will Only Be Given Within A 30 Day Period
- Goods Will Not Be Accepted For Return And Refund Under Any Circumstances Unless Proven To Be Defective.
- The Buyer is responsible for all cost of carriage, packaging and delivery of the goods from the Seller’s premises to the Buyer’s advised receipt address.
- Payment shall be in accordance with the accompanying invoice.
- In the event that any payment is delayed beyond it’s due date it shall bear interest at the rate of 1% per month or part thereof up to and including the date of final payment and the Seller shall be entitled to recoup any interest due as a simple contract debt.
General Terms
We Reserve The Right To Refuse Service To Anyone For Any Reason At Any Time.
You Understand That Your Content (Not Including Credit Card Information), May Be Transferred Unencrypted And Involve (A) Transmissions Over Various Networks; And (B) Changes To Conform And Adapt To Technical Requirements Of Connecting Networks Or Devices. Credit Card Information Is Always Encrypted During Transfer Over Networks.
You Agree Not To Reproduce, Duplicate, Copy, Sell, Resell Or Exploit Any Portion Of The Service, Use Of The Service, Or Access To The Service Or Any Contact On The Website Through Which The Service Is Provided, Without Express Written Permission By Us.
The Headings Used In This Agreement Are Included For Convenience Only And Will Not Limit Or Otherwise Affect These Terms.
Delivery And Despatch
Unless Otherwise Agreed In Writing Between The Seller And The Buyer The Following Provisions Shall Apply:
- A) Property At Risk
Upon Delivery, The Goods Shall Be At The Buyer’s Risk But The Property In Any Goods Shall Not Pass To The Buyer Until Such Time As Payment For All Goods, Debts And Other Obligations Owed By The Buyer To The Seller Shall Have Been Made In Full. Delivery Of The Goods Shall Be Deemed To Be Effected:
- I) Where The Seller Undertakes Delivery Of The Goods, When The Goods Pass Over The Bounding Rail Of The Seller’s Or Seller’s Agent’s Ship, Lorry, Carriage Or Other Transport To The Station, Port Or Address Specified By The Buyer.
- II) Where The Buyer Undertakes Delivery Of The Goods, When The Goods Pass Over The Bounding Rail Of The Buyer’s Agent’s Ship, Lorry, Carriage Or Other Transport At The Address Of The Seller Or At Some Other Address As Notified By The Seller To The Buyer In Writing Prior To Delivery.
Iii) Where The Buyer Undertakes Delivery Of The Goods And Fails To Collect Within 14 Days After The Seller Has Given The Buyer Written Notice That The Goods Are Ready For Delivery And Collection.
- B) Date Of Delivery
All Delivery Dates Are Estimates Only. The Seller Will Take All Responsible Steps To Deliver The Goods On The Date Stated But Shall Not Be Liable For Failure To Delivery By Such Dates Or For Any Damage, Loss, Consequential Loss, Or Expenses Arising Directly Or Indirectly Out Of Delay In Delivery Or Non-Delivery, Nor Shall The Buyer Be Entitled To Refuse To Accept The Goods Because Of Late Delivery.
- C) Tender And Deliveries
If The Buyer Fails To Require Delivery Of The Goods When Delivery Falls Due Or Refuses To Accept Delivery, The Seller Shall Be Deemed To Have Tendered And The Buyer To Have Refused To Accept Such Delivery And To Have Repudiated The Contract but the Buyer in those circumstances will be responsible for the restocking charge of the Seller.
- D) Despatch
The Method Of Transport Of The Goods Shall Be At The Sole Discretion Of The Seller. All Necessary Unloading Facilities Shall Be Provided By The Buyer At His Expense At The Time The Seller Is Ready To Make Delivery.
- E) Packaging
The Seller May Vary The Type Of Packaging Of The Goods And The Quantities Of Goods In Each Package Without Affecting The Price Per Unit, Weight, Area By Volume Of The Goods. Non-Refundable Packaging Containers And Residue Shall Be Disposed Of By The Buyer In Accordance With The Health &Safety And Waste Disposal Regulations In Force At The Date Of Disposal.
Refundable Packaging Remains The Property Of The Seller At All Times And, In The Absence Of Any Agreed Collection Procedures, Must Be Returned By The Buyer At Its Own Cost, In Good Condition, To The Seller’s Works Within Three Months Of Delivery, Failing Which The Buyer Must Pay For It at The Seller’s Then Current Rate For Lost Or Damaged Packaging.
Shortages / Damages / Lost In Transit
- The Buyer Shall Inspect The Goods Immediately Upon Delivery And Shall Within 14 Days Of Such Delivery (Time Being Of The Essence) Give Notice In Writing To The Seller Of Any Circumstance By Reason Whereof It Alleges That The Goods Are Not In Accordance With The Contract. Any Delivery Book Or Note Marked ‘Not Examined’ Will Not Be Accepted By The Seller For The Purposes Of This Sub-Paragraph.
- If The Buyer Shall Fail To Give Such Proper Notice As Is Required Hereunder Then The Goods Shall Be Deemed In All Respects To Be In Accordance With The Contract And The Buyer Shall Be Deemed To Have Accepted The Goods.
The Goods In Respect Of Which The Buyer Makes Any Claim Hereunder Shall Be Preserved Intact, As Delivered, For A Period Of 30 Days From Negotiation Of The Claim Within Which Time The Seller Or Its Agents Shall Have The Right To Attend
- At The Buyer’s Premises To Investigate The Complaint. Any Breach Of This Condition Shall Disentitle The Buyer To Any Allowance In Respect Of This Claim
- Goods Represented By The Buyer To Be Defective Or Not Confirming To The Contract Shall, If Authorised By The Seller, Be Returned And In The Seller’s Absolute Discretion Shall Either Be Replaced Or Credited. The Buyer Shall Not Be Entitled Where The Goods Are To Be Delivered By Instalments, To Cancel Any Undelivered Balance Of The Order Without The Prior Written Consent Of The Seller.
Specifications, Advice, Warranty And Exclusions
- The Seller Warrants That The Goods Are Of Merchantable Quality And Unless Otherwise Agreed In Writing, Are Produced At The Tolerance Specified In The Sellers Official Specifications In Respect Thereof. Save As Aforesaid, All Other Conditions, Guarantees Or Warranties, Whether Expressed Or Implied By Statute, Common Law, Or Otherwise Including (But Without Prejudice To The Generality Of The Foregoing) Conditions, Guarantees Or Warranties As To Quality, Fitness Of Purpose Or Description Of The Goods Or Their Life Or Wear Or Use Under Any Conditions Whether Known To The Seller Or Not Are Hereby Excluded.
- Whilst All Reasonable Care Is Taken To Ensure The Accuracy Of Any Information, Data, Specifications, Advice Or Recommendations, Furnished Either Verbally Or In Writing To The Buyer, As To The Use, Application, Performance, Characteristics, Toxicity, General Handling Or Mode Of Storing, Such Information, Data, Advice Or Recommendations Shall Not (Subject As Provided In Paragraph 7 a) Above) Be Deemed To Form Part Of The Contract For The Sale Of The Goods And The Buyer Shall At The Time The Contract Is Made Be Deemed To Have Carried Out Its Own Investigation And Assessment And Any Test Necessary To Establish The Suitability Of The Goods For The Buyers Intended Application, Methods And Requirements.
The Sellers Liability For Any And All Direct Loss Or Damage Resulting To The Buyer From Defective Goods (Including Any Goods Supplied In Error) Or From Any Other Cause Whatsoever Shall Be Limited To The Purchase Price Of The Goods In Respect Of Or In Relation To Which Such Loss Or Damage Is Claimed Unless The Seller Shall Have Replaced Such Defective Goods With Goods Confirming In All Respects To The Contract In Which Event The Seller Shall Be Under No Further Liability To The Buyer. Subject As Aforesaid The Seller Shall Be Under No Liability In Contract Or In Tort For Any Injuries, Losses, Expenses Or Damage Direct Or Indirect And In Particular But Without Prejudice To The Generality Of The Foregoing, Any Consequential Loss, In Each Case Arising Out
- Of Or Consequent Upon Or Attributable To The Contract For Sale Of The Goods Or The Supply Or Use Of The Goods (Including Any Goods Supplied In Error) And/Or Any Containers And/Or Packages, Or The Buyer Or Any Third Party Having Made Use Of Or Adopted In Whole Or In Part Any Information Or Data Or Advice Given By Or On Behalf Of The Seller In Relation To The Goods Or Their Use.
- Sellers who sell on Amazon, eBay, Walmart or other third party platforms are only allowed to supply our products through one account
- All-Inclusive Shall Apply Save That If Any Act Of Parliament Or Other Statutory Provisions For The Time Being In Force Shall Avoid Or Make Unenforceable Any Of The Provisions Thereof Such Paragraphs Shall Be Deemed To Apply With The Exclusion Of Those Provisions Thereof Which Shall Be Void Or Unenforceable As Aforesaid.
Accuracy Of Billing And Account Information
We Reserve The Right To Refuse Any Order You Place With Us. We May, In Our Sole Discretion, Limit Or Cancel Quantities Purchased Per Person, Per Household Or Per Order. These Restrictions May Include Orders Placed By Or Under The Same Customer Account, The Same Credit Card, And/Or Orders That Use The Same Billing And/Or Shipping Address. In The Event That We Make A Change To Or Cancel An Order, We May Attempt To Notify You By Contacting The E-Mail And/Or Billing Address/Phone Number Provided At The Time The Order Was Made. We Reserve The Right To Limit Or Prohibit Orders That, In Our Sole Judgment, Appear To Be Placed By Dealers, Resellers Or Distributors.
You Agree To Provide Current, Complete And Accurate Purchase And Account Information For All Purchases Made At Our Store. You Agree To Promptly Update Your Account And Other Information, Including Your Email Address And Credit Card Numbers And Expiration Dates, So That We Can Complete Your Transactions And Contact You As Needed.
Cancellation Or Suspension Of Order
Subject As Herein Provided, Orders For Goods May Not Be Cancelled Or Suspended Without The Sellers Written Consent. Any Such Cancellations Or Suspension Of An Order Is Acceptable Only On The Express Condition That The Seller Shall Be Indemnified Against Any Loss Incurred Wholly Or In Part By The Cancellation Or Suspension.
Default
If The Buyer Shall Commit Any Breach Of These Conditions Or If Any Distress Or Execution Shall Be Levied Upon Any Of The Property Or Assets Of The Buyer Or If The Buyer Shall, In The Sole Opinion Of The Seller, Fail To Pay The Seller For The Goods Or Suspend Payment Of Its Debts Or Make Any Arrangements With Its Creditors, Or Being A Company Have A Receiver Appointed Over Any Of Its Assets, Or Pass Any Resolution To Be Wound-Up, Or Have Any Winding-Up Petition Presented Against It , Or Being A Person Have Any Bankruptcy Petition Presented Against Him./Her, Then And In Any Such Event The Seller Shall, Without Prejudice To Any Other Rights And Remedies It Might Have And Without Any Liability Whatsoever, Be At Liberty Forthwith By Notice In Writing To The Buyer;
- To Cancel All Orders And Contracts Or Any Part Thereof Remaining Unfulfilled Between The Seller And The Buyer For The Delivery Of The Goods.
- Either For Its Agents Or Itself To Enter The Premises Where The Goods Are, Or Are Thought To Be, Without Any Liability For Any Resulting Damage In Gaining Entry (Against The Consequences Of Which The Buyer Shall Indemnify The Seller) For The Protection, Removal, Realisation And Disposal Of The Goods At Any Time And From Time To Time In Which The Property Shall Not Have Passed From The Seller To The Buyer In Accordance With These Terms And Conditions Of Sale.
User Comments, Feedback And Other Submissions
If, At Our Request, You Send Certain Specific Submissions (For Example Contest Entries) Or Without A Request From Us You Send Creative Ideas, Suggestions, Proposals, Plans, Or Other Materials, Whether Online, By Email, By Postal Mail, Or Otherwise (Collectively, ‘Comments’), You Agree That We May, At Any Time, Without Restriction, Edit, Copy, Publish, Distribute, Translate And Otherwise Use In Any Medium Any Comments That You Forward To Us. We Are And Shall Be Under No Obligation
- To Maintain Any Comments In Confidence;
- To Pay Compensation For Any Comments; Or
- To Respond To Any Comments.
We May, But Have No Obligation To, Monitor, Edit Or Remove Content That We Determine In Our Sole Discretion Are Unlawful, Offensive, Threatening, Libelous, Defamatory, Pornographic, Obscene Or Otherwise Objectionable Or Violates Any Party’s Intellectual Property Or These Terms Of Service.
You Agree That Your Comments Will Not Violate Any Right Of Any Third-Party, Including Copyright, Trademark, Privacy, Personality Or Other Personal Or Proprietary Right. You Further Agree That Your Comments Will Not Contain Libelous Or Otherwise Unlawful, Abusive Or Obscene Material, Or Contain Any Computer Virus Or Other Malware That Could In Any Way Affect The Operation Of The Service Or Any Related Website. You May Not Use A False E-Mail Address, Pretend To Be Someone Other Than Yourself, Or Otherwise Mislead Us Or Third-Parties As To The Origin Of Any Comments. You Are Solely Responsible For Any Comments You Make And Their Accuracy. We Take No Responsibility And Assume No Liability For Any Comments Posted By You Or Any Third-Party
Title
Notwithstanding That Credit May Have Been Given To The Buyer Under The Contract, The Seller Shall Retain Ownership Of The Goods Or Any Of Them Until Payment Has Been Received From The Buyer In Full. Pending The Passing Of Title The Buyer Shall Hold The Goods As The Seller’s Bailee In A Fiduciary Capacity And Shall Keep The Goods In Good Conditions And Mark Them In Such A Manner That They May Be Readily Identified As The Seller’s Property. The Goods May Be Re-Sold By The Buyer In The Ordinary Course Of Business As The Seller’s Agent. The Fiduciary Relationship Shall Continue In Respect Of The Proceeds Of Sale And Must First Be Used To Discharge Any Outstanding Indebtedness To The Seller In Priority To Any Other Claim. The Buyer Shall Also Assign To The Seller At
- The Seller’s request Any Unpaid Debts Arising From Such Sales To Third Parties Where Property In The Goods Has Not Passed Prior To The Sale. The Seller Shall Pursue Such Debts And Thereafter Return To The Buyer Any Monies Recovered In Excess Of Sums Owing After Deducting Its Reasonable Costs And Expenses In Pursuing The Claim.
- If The Buyer Makes New Objects From The Goods And Mixes The Result With Other Objects Or If The Goods In Any Way Become Constituents Of Any Other Objects Then The Seller Will Retain Ownership Of Such Objects Where Property Of The Goods Has Not Passed To The Buyer. To This End The Buyer Agreed That Ownership Of The Goods Whether Finished Or Not Is Retained By The Seller, Notwithstanding Conversion Into New Or Mixed Objects, But To The Extent That Such New Or Mixed Objects Contain Constituent Parts Provided By The Seller. The Buyer Shall Assign To The Seller At The Seller’s Request Any Unpaid Debts Arising From Sales Of The New Or Mixed Objects To Third Parties Where Property In The Goods Has Not Passed To The Buyer Prior To The Sale.
- These Terms Hereunder Stand Separately And Any Disputes Involving One Shall Not Affect The Other, Or Shall They Affect Any Other Clause Within These Terms And Conditions.
- Tools, Dies And Patterns, Where Part Cost Has Been Quoted Included In The Price Of The Article Or Otherwise, Remain The Property Of The Seller Unless Otherwise Agreed In Writing By The Seller. Such Tools, Dies Or Patterns Will Be Preserved By The Seller For A Reasonable Time In Anticipation Of Further Orders But Without Liability Whatsoever On The Part Of The Seller.
Sub-Contracting
The Seller Shall Be Entitled To Sub-Contract All Or Any Of Its Obligations Out Of Any Quotation Or Order Made In Consequence Thereof.
Indemnity
The Buyer Shall Indemnify The Seller In Respect Of All Damage Or Injury Occurring To Any Person, Firm, Company, Corporation Or Property And Against All Actions, Suits, Claims And Demands, Charges Or Expenses In Connection Therewith For Which The Seller May Become Liable In Respect Of The Goods Sold Under The Contract In The Event That The Damage Or Injury Shall Have Been Occasioned Otherwise Than By The Negligence Of The Seller.
Force Majeure
Whilst The Seller Intends To Use All Reasonable Endeavours To Perform Each Contract Promptly, The Seller May Terminate, Cancel, Rescind And/Or Suspend For Any Period, And/Or Reduce The Quantities To Be Supplied Under Any Contact Without Liability For Resulting Loss, Injury Or Damage If The Performance Of Its Obligations Under The Contract Is In Any Way Adversely Affected By Any Act Or Default On The Part Of The Buyer Or Any Third Party. Act Of God, War, Riot, Civil Commotion, Strike, Lock-Out, Sit-In, Industrial Or Trade Dispute, Fire, Flood, Adverse Weather, Disease, Accident, Legal Or Regulatory Obligation, Plant Breakdown, Or Shortage Of Any Material, Labour, Electricity Or Other Supply, Or Any Other Cause Whatsoever Which The Seller Could Not Reasonable Have Been Expected To Prevent. The Seller Shall Not Be Required To Purchase Supplied To Make Good Deficiencies Arising As Aforesaid And The Possibility Of Making Such Purchases Shall Not Be Taken Into Account In Determining Whether Such Delay, Hindrance Or Prevention Has Occurred
Patents, Trade Marks, Instructions, Warnings
- No Representation, Warranty Or Indemnity Is Given By The Seller That The Goods Do Not Infringe Any Letter, Patent, Trademarks, Registered Design, Copyright Or Other Industrial Right And In This Respect The Buyer Shall Accept Such Title To The Goods As The Seller Has. If The Buyer Uses The Goods In Such A Manner As To Infringe Any Such Third Party Rights, The Seller Shall Not Be Responsible For Any Such Infringement And The Buyer Will Indemnify The Seller From And Against All Liability Arising Therefrom.
- The Buyer Shall Not, Without The Seller’s Prior Written Consent, Allow Any Trade Or Service Mark Of The Seller, Or Any Instruction Or Warning Applied To The Goods, To Be Obliterated Or Obscured, Or Use Or Apply Any Such Mark Itself. The Buyer Shall Strictly Comply And Ensure That Its Employees And Agents Strictly Comply With All Instructions, Warnings, Labels, Data Sheets, Health And Safety Information And Instruction, Waste Disposal Instructions And Any Other Material Supplied By The Seller With, Or In Connection With The Goods; When Supplying The Goods, Ensure That They Are Accompanied By The Same; And Indemnify The Seller Against The Consequences Of Any Failure Of The Buyer To Fully Comply With These Condition.
- All Know-How, Samples And Other Items Relating To The Goods Or Their Development And Creation Shall Remain The Seller’s Property, Shall Be Treated As Confidential And Shall Not Be Copied, Reproduced Or Disclosed To Any Person Without The Seller’s Prior Written Consent.
Free Issued Materials
Whilst The Seller Will Take All Reasonable Care To Ensure The Safe Keeping, Handling And Storage Of The Buyer’s Part Or Materials, Such Parts Or Materials Are Only Accepted For Processing On The Understanding That No Liability Will Attach To The Seller For Any Loss Or Damage Suffered To Such Parts Or Materials Whilst In The Possession Of The Seller.
Whilst The Seller Will Take All Reasonable Care In The Re-Packaging Of Free Issued Material, No Responsibility Can Be Accepted By The Seller For Any Defect In Quality Or Performance Of Formulated Systems No Manufactured By The Seller. The Technical Composition And Quality Of Such Systems Is Beyond The Knowledge And Control Of The Seller And It Shall Be The Responsibility Of The Buyer To Pursue Any Such Defects
With The Original Manufacturer Of The Material And Also Indemnify The Seller In Respect Of Any Liability Arising From The Re-Packaging, Storage Or Handling Of Such Materials.
Advertising
We, And Our Licensees, May Publicly Display Advertisements And Other Information Adjacent To Or Included With Your Content. You Are Not Entitled To Any Compensation For Such Advertisements. The Manner, Mode And Extent Of Such Advertising Are Subject To Change Without Specific Notice To You.
Assignment
The Contract Of Which These Conditions Form Part Is Personal To The Buyer Who Shall Not Assign The Benefit Thereof Without The Seller’s Written Consent.
Communications In Electronic Form
For Contractual Purposes, You (A) Consent To Receive Communications From Professional Hair Labs In An Electronic Form Via The Email Address You Have Submitted; And (B) Agree That All Terms And Condition, Agreements, Notices, Disclosures, And Other Communications That Professional Hair Labs Provides To You Electronically Satisfy Any Legal Requirement That Such Communications Would Satisfy If It Were In Writing. The Foregoing Does Not Affect Your Non-Waivable Rights.
Professional Hair Labs May Also Use Your Email Address, To Send You Other Messages, Including Information About Professional Hair Labs Features And Special Offers. You May Opt Out Of Such Email By Changing Your Account Settings Or Sending An Email To
cs@prohairlabs.com
Opting Out May Prevent You From Receiving Messages Regarding Professional Hair Labs Services Or Special Offers
Waiver
A Waiver By Us Of Any Right Or Remedy Under These Terms Shall Only Be Effective If It Is In Writing, Executed By A Duly Authorized Representative Of Professional Hair Labs And Shall Apply Only To The Circumstances For Which It Is Given. Our Failure To Exercise Or Enforce Any Right Or Remedy Under These Terms Shall Not Operate As A Waiver Of Such Right Or Remedy, Nor Shall It Prevent Any Future Exercise Or Enforcement Of Such Right Or Remedy. No Single Or Partial Exercise Of Any Right Or Remedy Shall Preclude Or Restrict The Further Exercise Of Any Such Right Or Remedy Or Other Rights Or Remedies.
Privacy Policy
Professional Hair LabsDo Not Disclose Buyers’ Information To Third Parties. Cookies Are Used On its Shopping Site To Keep Track Of The Contents Of Your Shopping Cart Once You Have Selected An Item And To Store Delivery Addresses. Data Collected By This Site Is Used To:
- Take And Fulfil Customer Orders
- Administer And Enhance The Site And Service
- Issue A Unique Identifier (E.G. Customer Login)
- Monitor Customer Account Status Beyond That Required For Individual Purchases
- Only Disclose Information To Third Parties For Goods Delivery PurposesFor More Information About Our Privacy Policy Please Visit Our Privacy Policy Page
Returns Policy
- Occasionally We Know You May Want To Return Items. We Accept The Return Of All Items Only If They Are Unopened And In Their Original Condition. If You Return Goods, As Detailed Within 30 Days, We Will Offer A Refund Less The Carriage Charge. A Handling Charge Of 20% Will Be Taken Off The Goods Sale Price. No Refunds Can Be Given After 30 Days.
- Defective Items: You Can Always Return Items If They Are Defective. Please Note: We Only Accept Returns Of Items That Have Been Opened If They Are Defective. Please See “To Return An Item” For Details Of How To Return Defective Items To Us.
- To Return An Item: To Return An Item, Please Enclose A Note Giving The Reason For The Return, Wrap The Package Securely And Send The Package To The Address Below. In The Case Of A Defective Product, Please Provide A Full Description Of The Fault And Return The Defective Item In Its Original Box (If Any), With All Warranty Cards, Licenses, Manuals And Accessories.
- Delivery Charges: If You Are Returning An Item Because Of An Error On Our Part, We Will Be Happy To Refund The Delivery Charges Incurred In Sending The Item To You And Your Costs In Returning It To Us. Otherwise You Will Be Responsible For Those Charges.
Then Send The Package To The Address On Our Contacts Page
Disclaimer Of Warranties; Limitation Of Liability
We Do Not Guarantee, Represent Or Warrant That Your Use Of Our Service Will Be Uninterrupted, Timely, Secure Or Error-Free.
We Do Not Warrant That The Results That May Be Obtained From The Use Of The Service Will Be Accurate Or Reliable.
You Agree That From Time To Time We May Remove The Service For Indefinite Periods Of Time Or Cancel The Service At Any Time, Without Notice To You.
You Expressly Agree That Your Use Of, Or Inability To Use, The Service Is At Your Sole Risk. The Service And All Products And Services Delivered To You Through The Service Are (Except As Expressly Stated By Us) Provided ‘As Is’ And ‘As Available’ For Your Use, Without Any Representation, Warranties Or Conditions Of Any Kind, Either Express Or
Implied, Including All Implied Warranties Or Conditions Of Merchantability, Merchantable Quality, Fitness For A Particular Purpose, Durability, Title, And Non-Infringement.
In No Case Shall Professional Hair Labs, Our Directors, Officers, Employees, Affiliates, Agents, Contractors, Interns, Suppliers, Service Providers Or Licensors Be Liable For Any Injury, Loss, Claim, Or Any Direct, Indirect, Incidental, Punitive, Special, Or Consequential Damages Of Any Kind, Including, Without Limitation Lost Profits, Lost Revenue, Lost Savings, Loss Of Data, Replacement Costs, Or Any Similar Damages, Whether Based In Contract, Tort (Including Negligence), Strict Liability Or Otherwise, Arising From Your Use Of Any Of The Service Or Any Products Procured Using The Service, Or For Any Other Claim Related In Any Way To Your Use Of The Service Or Any Product, Including, But Not Limited To, Any Errors Or Omissions In Any Content, Or Any Loss Or Damage Of Any Kind Incurred As A Result Of The Use Of The Service Or Any Content (Or Product) Posted, Transmitted, Or Otherwise Made Available Via The Service, Even If Advised Of Their Possibility. Because Some States Or Jurisdictions Do Not Allow The Exclusion Or The Limitation Of Liability For Consequential Or Incidental Damages, In Such States Or Jurisdictions, Our Liability Shall Be Limited To The Maximum Extent Permitted By Law.
Legal Disclaimer (Warranty)
Your Use Of Any of the Products supplied Is Entirely At Your Own Risk, For Which We Shall Not Be Liable. It Is Your Own Responsibility To Ensure That Any Professional Hair Labs Services, Products Or Information Meet Your Specific Requirements. The Information Is Provided On The Understanding That we are not engaged in rendering advice and should not be wholly relied upon when making any related decision.
Our Obligations
We Undertake To:
- Process The Personal Data Within The Services Specified In This TERMS Only On Documented Instructions From Your Unless Processing Is Required By Applicable Laws To Which We Are Subject To, In Which Case We Shall, To The Extent Permitted By Applicable Laws, Inform You Of That Legal Requirement Before The Relevant Processing Of That Personal Data;
- Inform You If We Consider That An Instruction Violates Data Protection Laws Or Regulations. We Shall Then Be Entitled To Suspend The Execution Of The Relevant Instructions;
- Ensure That Persons Authorized To Process The Personal Data Have Committed Themselves To Confidentiality Or Are Under An Appropriate Statutory Obligation Of Confidentiality;
- Taking Into Account The Nature Of The Processing, Assist You By Appropriate Technical And Organizational Measures, Insofar As This Is Possible, For The Fulfilment Of Your Obligation To Respond To Requests For Exercising The Data Subject’s Rights;
- Assist You In Ensuring Compliance With The Obligations Pursuant To Articles 32 To 36 Of The GDPR Taking Into Account The Nature Of Processing And The Information Available To Us;
- At Your Choice, Delete Or Return All The Personal Data To You After The End Of The Provision Of Services Relating To Processing, And Delete Existing Copies Unless Applicable Law Requires Storage Of The Personal Data;
Make Available To You Information Necessary To Demonstrate Our Compliance With The Obligations Laid Down In This TERMS.
Changes To Terms Of Service
You Can Review The Most Current Version Of The Terms Of Service At Any Time on our Website.
We Reserve The Right, At Our Sole Discretion, To Update, Change Or Replace Any Part Of These Terms Of Service By Posting Updates And Changes To Our Website. It Is Your Responsibility To Check Our Website Periodically For Changes. Your Continued Use Of Or Access To Our Website Or The Service Following The Posting Of Any Changes To These Terms Of Service Constitutes Acceptance Of Those Changes.
Data Protection Policy
This Policy Intends to Provide you with Clear And Detailed Information On The Manner Their Personal Data Are Processed And, In Particular, On The Types Of Processed Data, The Legal Basis Of Data Processing And Their Rights And Legal Remedies Related To The EU GDPR Data Processing Act. We Process Your Personal Data In Accordance With Our Privacy Policy
Entire Agreement
This Agreement together with the provisions of the Website constitute the entire Agreement between us.
Severability
In the event that any portion of this Agreement is found to be unlawful in any way the Agreement shall remain valid subject to exclusion of whatever provision may be invalid.
Governing Law AndJurisdiction
These Terms And Condition And Your Use Of Professional Hair Labs Website Are Governed By The Laws of Ireland including those required by The European Union GDPR Regulation. Each party submits to the exclusive Jurisdiction of the Courts of Ireland.
Any Disputes Relating to these Terms And Conditions shall be subject to the exclusive OR non-exclusive Jurisdiction of the Irish Courts.
