Everlasting Brows - website and online shop terms & conditions

Welcome to Everlasting Brows. Thank you for choosing to visit us and join our community of micro-bladers and brows specialists around the world. We hope you enjoy our website and our dedicated online shop.

These Terms and Conditions (the "Terms") apply when you access and use our websitewww.everlastingbrows.com, or any other variations of the domain, e.g. http://everlastingbrows.com/online-shop (the "Website"), and/or place orders to purchase any of our products (“Products”) or our training courses (“Services”) made available to you on or via our online shop (the “Online Shop”) which you can access on the Website. References to our Website in these Terms include our Online Shop.

Please read these Terms carefully because by accessing our Website and/or submitting an order for our Products or Services to us you are agreeing to be legally bound by these Terms. If you do not wish to be bound by them, you must leave our Website immediately and not submit any orders for Products or Courses to us.

We may from time to time amend these Terms to ensure that we remain compliant with relevant laws and regulations or to keep up to date with improvements or changes we might make to the services and experiences we can offer to you via the Website.

INFORMATION ABOUT US AND CONTACT METHODS

We are Sleek Brows Ltd, trading as Everlasting Brows, a company registered in England and Wales. Our company registration number is 08590864, our registered office address is: 250 Hendon way, NW4 3NL and the correspondence address: 12 Chillingworth Road, London N7 8QJ. Our registered VAT number is 199099636GB. In these Terms, we refer to ourselves as Everlasting Brows, ‘we’, ‘our’ and ‘us’.

You can get in touch with us at info@everlastingbrows.com. If we need to contact you, we will do so by sending an email to you at the email address you provided to us in your latest order.

REGISTERING FOR A PERSONAL ACCOUNT

To order Products or Services via the Website, we ask you to register for a personal account with us. You can do this by following the instructions for registering one on the Website, either by entering your personal details or registering via one of the listed social networking sites. Any personal data that you provide us with during the registration process will be stored in our database and may not need to be re-entered with each new order.

You must be over 16 to register for a personal account, place an order of any kind with Everlasting Brows and/or subscribe to our newsletter. Visitors to the Website may sign up to receive newsletters from us. We will require only an email address for this purpose.

You can access, update or correct your personal account details via the Website or by contacting us to update them to info@everlastingbrows.com. We will only use the stored data in accordance with our Privacy Policyhttps://everlastingbrows.com/privacy-policy

You are responsible for maintaining the confidentiality of your password and email address and are responsible for all activities that are carried out under them. You agree to notify us immediately if you become aware or suspect any unauthorised use of your password or email address or any other of your personal account details.

PLACING AN ORDER THROUGH OUR ONLINE SHOP

When you place an order, you should receive an acknowledgement email confirming that we have received your order. We, or our third party payments provider, then carry out a standard pre-authorisation check to make sure there is enough money on the card in order to process your payment. We only accept your order once payment has been approved and we have debited the payment card. By submitting an order on our Website, you warrant that you are authorised to use the selected payment method.

Once you have registered with us, please thoroughly check your order details before submitting an order as changes may not be able to be made to your order once it has been placed. We will not grant refunds or compensation in any form for any inconvenience caused. In certain circumstances, we may be able to process changes to your order, but we reserve sole discretion as to whether we can or will do this. The general rule, subject to applicable laws, is that unless we say otherwise is that you cannot change your order after it has been made.

If we are unable to accept your order, we will inform you of this by email and we will not charge you for the Products/ Services (or shall refund you). This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the Product or Service or because we are unable to meet a delivery deadline you have specified. You acknowledge that a refund of any amounts paid will be your only available remedy if we are unable to accept your order after it has been placed.

Orders may be subject to extra security checks at our discretion. This may include confirmation of credit/ debit card details and full address details.

PRICE AND PAYMENT

The price of the Products or Services (excluding VAT) will be the price indicated on the order pages when you place your order. We will provide you with an invoice on request. The full amount (including VAT or other equivalent sales tax) will be shown before you finalise your purchase.

We use our best efforts to ensure that the price of the Products or Services shown to you is correct. If the correct price of the Products or Services at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.

Each order you make may include a charge for delivery. If your delivery is subject to a delivery charge, it will be shown to you as a separate charge on the delivery confirmation page before you confirm your order.

From time to time we may issue discount codes, for example as promotional offers, to our loyal customers or to mark special occasions. Discount codes are offered entirely at our discretion and may be revoked at any time, even before the stated expiry date. We have a discount code box situated at the "Shopping cart" page where codes can be entered. You may only redeem one code at a time so we advise you to choose the promotion best suited to your purchase. If you have any questions about the use of discount codes please contact us.

PROVIDING THE PRODUCTS

Our Shipping Information  https://everlastingbrows.com/shipping-information is incorporated in these Terms. Please refer to them for further detail on how we make deliveries of our Products. Before you finalise a purchase, you can select your preferred delivery option.

Please note that we are not responsible for delays outside of our control. If our supply of the Products is delayed by an event outside of 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 and we will arrange for delivery as soon as possible after it. You will only be entitled to a refund if we confirm to you that we have not and will not be able to deliver the Product which you have purchased within a reasonable period of time.

A Product will be your responsibility from the time we deliver the product to the address you gave us.

PROVIDING THE SERVICES

Everlasting Brows’ Services include training courses, boot camps, conferences and more. Further information on each of our Services is available on our Website. You can make a reservation to access these Services via the Website or in the Online Shop as applicable.

Your place on a training course, boot camp, conference or similar will only be confirmed once your order has been accepted and your payment has been made. Further details and terms regarding our Services are set out on our Website and in the Course Booking Terms https://everlastingbrows.com/course-booking-terms  The Course Booking Terms are incorporated into and form part of these Terms.

YOUR RIGHTS TO CANCEL

You have the statutory right to a 14 day cooling-off period (the Cooling-off Period) commencing from the moment you purchase a Service or receive a Product from us, during which you can return the Product (as applicable) and request a refund.

For Services: If you have purchased a course with us and wish to re-schedule the date, please let us know in writing to info@everlastingbrows.com This needs to be organised a month before the class date, if less time is remaining, please still contact us and we will do our best to accommodate where possible. There are no fees due for moving a course date when you let us know in advance. If you have purchased a course and wish to receive a refund, this needs to be requested 2 weeks before the course start date. Subject to the Cooling-off Period, at this time we will retain a $500/£300 deposit fee and refund the rest of the amount.

If you have purchased a course with us and wish to receive a refund after you have taken it, please note, at this stage refunds are not given as you have received your training/ education and products in full. You may still contact us to discuss how we can help and support you post the course to make the most of your knowledge as we’re more than happy to support you along the way.

For Products: If you exercise your right to a Cooling-off Period, your refund will include the cost of postage and packaging, but we will not be responsible for refunding you for the costs of safely returning the Product to us. Your cooling-off period will expire once you open or use the Product. You will only be refunded once we receive the item and verify that it is in re-saleable condition. If it is not, we are entitled to deduct any amount from your refund to cover any damage caused.

Please contact us on info@everlastingbrows.com if you would like to exercise your right to the Cooling-off Period.

For both Products and Services, subject to the Cooling-off Period, you will not be entitled to refunds, for example (but not limited to) where:

·an item did not meet your expectations;

·you simply changed your mind;

·you bought an item by mistake;

·you do not have sufficient expertise to use the item or Services;

·you ask for goodwill; or

·you damaged an item by trying to make alterations or repairs to it.

However, you may be entitled to a refund outside of the Cooling-off Period in the following circumstances:

(a)if you inform us and can demonstrate that a Products or Services received are damaged or defective, in which case you will be entitled to a replacement or, where we are unable to send or give you a replacement product or service within a reasonable time, a refund of the relevant price;

(b)if the Service is not carried out to a reasonably skilful, careful and diligent standard in accordance with standard industry practise you can require repeat performance or, where we, are unable to perform the repeat Services within a reasonable time, a refund of an appropriate amount;

(c)we have told you about an upcoming change to the Product or Service or these Terms which you do not agree to;

(d)we have told you about an error in the price or description of the Product or Service you have ordered and you do not wish to proceed; or

(e)there is a risk that supply of the Products or Services may be significantly delayed because of events outside of our control.

WARRANTY & LIABILITY

For fulfilled orders from our Website or Online Shop, we accept liability for death or personal injury caused by our negligence or that of our employees and agents. We do not seek to exclude liability for fraudulent misrepresentation by us or our employees or agents or for anything where it would be illegal to do so. Consumer laws in the UK mean that you have the right for Products and Services delivered to you to be of satisfactory quality and fit for their intended purpose. Nothing in these Terms is intended to or will affect these rights.

If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time this contract was made, both we and you knew it might happen.

We will not be responsible for:

·losses not directly caused by our breach of these Terms;

·any Indirect losses which a consequence of the main loss or damage and which are not reasonably foreseeable by you and us at the time of entering into these Terms, for example (but not limited to) loss of profits of opportunity, loss of business or loss of revenue;

·failure to make the Website available or to meet any of our obligations under these Terms where such failure is due to events beyond our reasonable control.

THIRD PARTY TERMS

If you receive the Products or Services via any commercial, business or re-sale third party channel, we will have no liability to you for any such third party’s provision of the Products/ Services to you which will be entirely governed by the agreement between you and the third party.

COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS

All copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website (including the Online Shop) will remain at all times vested in Everlasting Brows or our licensors.

You are permitted to use the material data and content from our Website only for your personal use in placing orders through the Website, and you may not otherwise copy, reproduce, transmit, publish, display, distribute, commercially exploit, use or create derivative works of any material data and content on the Website without  our prior written permission.

Everlasting Brows may impose a fee on any proposed use of the material, data and content contained on our Website, other than for placing orders through the Website.

DATA BREACH

We will only use your personal information as set out in our Privacy Policy. In the unlikely event of a data breach, we will carry out and document a full risk assessment of the incident and decide upon the required actions.

Incidents affecting personal data that are likely to result in a risk to the rights and freedoms of data subjects will be reported to the data protection supervisory authority. We will also inform those concerned directly. These actions will be carried out without undue delay and where feasible, within 72 hours of becoming aware of it.

AVAILABILITY OF THE WEBSITE AND/OR ONLINE SHOP

We try and keep the Website and Online Shop up and running at all times but cannot promise that this will always be the case. The Website and Online Shop are provided on an "as is" basis. We make no representations, warranties or guarantees of any kind regarding the availability or operation of the Website or Online Shop, or that they will be secure, uninterrupted or free of defects.

Your access to the Website and/or Online Shop may be suspended or restricted occasionally to allow for maintenance, repairs, upgrades, or the introduction of new functions or services. We will not be liable to you if for any reason the Website (or any content on it, including the Online Shop) is unavailable at any time or for any period.

 

UPDATES TO THE WEBSITE AND/OR ONLINE SHOP

From time to time, we may make updates to the Website and/or Online Shop Depending on the update, you may not be able to use them until you have accepted any new terms or logged into an updated version.

 

WEBSITES WE LINK TO

The Website may link to other third party websites from which third party services can be obtained. Whilst we reasonably believe that these are reputable sources of such services, you acknowledge that these other websites are independent from us and we make no representations or warranties as to the legitimacy, accuracy or quality of such third party services, and we do not accept any responsibility for their content, safety, practices or privacy policies. Essentially, we will do our best to ensure they are safe but you access any third party at your own risk.

COMPUTER VIRUSES

We do everything we can to ensure that no part of the Website will contain or spread any viruses or other malicious code but this section explains how you can best protect your devices.  

We recommend that you ensure that equipment used to access the Website runs up-to-date anti-virus software as a precaution, and you are advised to virus-check any materials downloaded from the Website and regularly check for the presence of viruses and other malicious code.

To the full extent permitted by law we exclude liability for damage or loss of any kind caused by viruses or other harmful components originating or contracted from the Website (which for the avoidance of doubt includes the Online Shop).

NO RELIANCE ON INFORMATION

All information published on or via the Website is provided in good faith and for general information purpose only. We make no warranties about the completeness, reliability, or accuracy of such information. Any action you take based on such information is taken at your own risk.

 

OTHER IMPORTANT TERMS

Assignment and other dealings: You may not transfer your rights or your obligations under these Terms without our prior written consent.

Waiver: If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking the Products/ Services contract, 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.

Severance: Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are invalid, illegal or unenforceable, the remaining paragraphs will remain in full force and effect.

Third Party Rights: The is a contract between you and us. No other person shall have any rights to enforce any of its terms.

Governing Law/ Jurisdiction: These Terms are governed by English law and only you or we can bring legal proceedings in respect of the Products/ Services in the English courts

Online Dispute Resolution: If you have a complaint, you can contact us to info@everlastingbrows.com to try and resolve it amicably. If you are not happy with how we have handled a complaint in relation to the Products or Services, you may submit a dispute for online resolution to the European Commission Online Dispute Resolution platform. You can find this platform and more information about it here: http://ec.europa.eu/consumers/odr/.

Check your e-mail for confirmation letter!