HAER LIMITED (COMPANY NUMBER: 08834077 )
OUR WEBSITE SUPPLY TERMS AND CONDITIONS
1. These terms and what they cover
1.1 These are the terms and conditions (terms) on which we will supply the products (Products) to you, that are listed on our website www.haer.co.uk (Site).
1.2 Any reference to “you” or “your”, means you as a customer and/or a user of our Site. Any reference to “we”, “us”, or “our” is to HAER Limited.
1.3 Please read these terms carefully before ordering any Products from our Site. These terms tell you who we are, how we will provide our 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.
1.4 By ordering Products from our Site you understand that you agree to be bound by these terms.
1.5 We may update and/or amend our Site and these terms from time to time. Please review the terms each time you place an Order through our Site to ensure you understand the terms that apply at that time.
1.6 We draw your attention in particular to our Privacy Notice and the following clauses of these terms:
1.6.1 Clauses 4 (Our Products);
1.6.2 Clause 7 (Changes);
1.6.3 Clause 8 (Delivery);
1.6.4 Clause 9 (Your rights to end the Contract and/or Order);
1.6.5 Clause 10 (Our rights to end the Contract); and
1.6.6 Clauses 15 – 17 relating to the use of our Site.
2. About us and how to contact us
2.1 We are HAER Limited a company registered in England and Wales. Our company registration number is 08834077, and our registered office is at 23, March Court Warwick Drive, London, England, SW15 6LE.
2.2 You can contact us by writing to us at firstname.lastname@example.org
2.3 If we have to contact you we will do so by telephone (if you provide us with your telephone number) or by writing to you at the email address or postal address you provided to us in your Order.
2.4 When we use the words “writing” or “written” in these terms, this includes emails.
3. Our contract with you
3.1 If you place an order for Products (Order Request), our acceptance of your Order Request will take place when we email you to accept it, at which point a contract will come into existence between you and us in respect of those Products confirmed in our email in accordance with these terms (Order).
3.2 If we are unable to accept your Order Request (or part of it), we will inform you of this and will not charge you for the relevant Products. This might be because the Product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, or because we have identified an error in the price or description of the Product.
3.3 We will assign an Order number to an Order and tell you what it is when we accept your Order Request. It will help us if you can tell us the Order number whenever you contact us about an Order.
3.4 Once we have received payment for an Order we will email you to confirm this. We will then ship your Order.
3.5 Our website is solely for the promotion of our Products in the UK, unless we agree otherwise. Unfortunately, we do not accept orders from, or ship to addresses, outside the UK.
4. Our products
4.1 The images of the Products on our website are for illustrative purposes only. Although we have made every effort to display the Products and their colours accurately, we cannot guarantee that the images on our Site will reflect the appearance of the Products. Your Product may vary slightly from those images.
4.2 The information available on or through our Site, the Product packaging or otherwise made available by us relating to the Products including the potential benefits of using our Products is intended as information only and does not constitute any recommendation or guarantee concerning the use of our Products and/or their potential benefits, nor medical or any other type of advice.
4.3 The packaging of the Product may vary from that shown in images on our Site.
4.4 If you have general questions about the use of our Products, please contact us, however we strongly recommend that you speak to a medical expert if you have any queries of a medical nature including the use of our Products with any form of medication you may have been prescribed. Our products are not intended for medical use, and are not to be used in connection with, or as a remedy for, any medical conditions. Our products are non-medicated, haircare products that do not claim any medical benefits.
4.5 All Product packaging will contain instructions for use. Please read and follow these instructions carefully.
4.6 We use our reasonable endeavors to highlight any potential allergens in our Products on the packaging of the Product and on our Site, so please check these carefully before use.
5. Intellectual property rights
5.1 We are the owner or licensee of all intellectual property rights on our Site, the material/content published on it and in our Products, its packaging and any associated promotional materials, whether such rights are registered or unregistered. These rights are protected by law and we and/or our licensors will retain ownership in any such intellectual property rights.
5.2 You may print off one copy, or download extracts, of any pages from our Site for your personal reference only. You must not use any part of our materials/content (which is subject to copyright laws) for commercial purposes without obtaining a written licence from us and our licensors first.
5.3 For the avoidance of doubt our Products are for your domestic use only and must not be used for commercial purposes. You are not entitled to reproduce, make copies of or otherwise use the copyright or any other intellectual property in our Products without obtaining a written licence from us.
6. Price and payment
6.1 The price of the Products (which includes VAT, where applicable) will be the price indicated on the order pages on the Site when you place your Order Request. We take all reasonable care to ensure that the price of the Products advised to you at the time you place your Order Request is correct.
6.2 Despite our best efforts, it is always possible that the Products we sell may be incorrectly priced. We will normally check prices before accepting your Order Request so that, where the Product’s correct price at your Order date is less than the price stated at your Order date, we will charge the lower amount. If the Product’s correct price at the date of your Order Request date is higher than the price stated to you, we will contact you for your instructions before we accept your Order.
6.3 You must pay for the Products before we dispatch them, through the relevant third party payment provider made available on our Site.
6.4 If you think an invoice is wrong, please contact us promptly to let us know.
6.5 If the rate of VAT changes between an Order date and the date we supply the Products, we will adjust the rate of VAT that you pay (if any), unless you have already paid for the Products in full before the change in the rate of VAT takes effect.
7.1 If you wish to make a change to an Order please contact us. If it is possible to Change the Order we will let you know about any changes to the price of the Products, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
7.2 We may make changes to these terms or the Products, but if we do we will notify you and if this affects an Order you may then contact us to cancel that Order before the changes take effect and receive a refund for any Products paid for but not received.
7.3 We may change the Products or terms to reflect changes in relevant laws and regulatory requirements or to carry out improvements.
8.1 The costs of delivery (if any) will be as displayed to you on our Site before you place your Order Request.
8.2 Please review the shipping policy contained on our Site for details of how we will provide the Products to you.
8.3 Whilst we will endeavour to deliver the Products in accordance with our shipping policy, you acknowledge that the shipping policy is provided as an indication of when delivery may occur and we do not guarantee delivery in accordance with our shipping policy.
8.4 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 cancel the Order and receive a refund for any Products you have paid for but not received.
8.5 We do not offer a collection service for any Products.
8.6 If you place multiple Orders, within a short period of time (generally 24-48 hours), the Orders may be consolidated and delivered in a single delivery. If an Order is large or made up of multiple items, we reserve the right to divide the Order between different packages and to deliver in installments.
8.7 If no one is available at your address to take delivery and the Products cannot be posted through your letterbox, the third party courier will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
8.8 If, after a failed delivery to you, you do not re-arrange delivery or collect the Products from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may cancel the Order and clause 10 will apply.
8.9 The Products will be your responsibility from the time we deliver the Product to the address you gave in the Order Request process. You will own the Products once we have received payment in full and the Products have been delivered to you.
8.10 We may contact you if we need any information from you to complete the Order. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may cancel the Order. We will not be responsible for supplying the Products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
8.11 We may also contact you if for any reason we need to suspend supply of the Products, for example if we need to deal with a technical or product sourcing problem. In these circumstances, you may contact us to cancel the Order for those effected Products if we suspend (or tell you we will be suspending) the Products for a period of more than 14 days, in which case we will refund any sums you have paid in advance for the Products.
9. Your rights to end your Order
9.1 For most products bought online you have a legal right to change your mind within 14 days and receive a refund. However, there are some exceptions to this legal right. Clause 9.2 states the exception that applies in relation to these terms and explains why you will generally not have the right to change your mind within 14 days for most of our Products.
9.2 You do not have a right to change your mind in relation to Products sealed for health protection or hygiene purposes unless any protective packaging and any tamper-evident seal remains sealed. If such packaging or tamper-evident seal is unsealed, or broken and/or the Products have been used they may not be returned unless the Products are faulty or not as described. If Products are faulty or not as described you may be entitled to a refund or exchange. Additionally, you can still cancel the Order before it is completed as detailed in clause 9.3
9.3 Even if we are not at fault, you may still cancel an Order before it is completed, but you may have to pay us compensation if we have partially or fully fulfilled your Order. An Order is completed when the Products relating to that Order are delivered to you. If you want to cancel an Order before it is completed where we are not at fault, just contact us to let us know. The Order will be cancelled immediately and we will refund any sums paid by you for Products not provided but we may deduct from that refund reasonable compensation for the net costs we will incur as a result of you cancelling the Order, which may be the price you have paid in full (if we have fully performed the contract).
9.4 You may also cancel an Order for the following reasons by contacting us and providing us with the relevant details:
9.4.1 if we have told you about a material error in the price or description of the Products contained in the Order and you do not wish to proceed;
9.4.2 if there is a risk that supply of the Products may be significantly delayed because of events outside our control;
9.4.3 we have suspended supply of the Products for technical or sourcing reasons, or notify you we are going to suspend them for technical or sourcing reasons, in each case for a period of more than 14 days; or
9.4.4 you have a legal right to cancel the Order because of something we have done wrong (you may have a legal right to end the contract where, for example, the Products you have bought are faulty or mis-described or we have breached these terms, for more information regarding your legal rights as a consumer please visit https://www.citizensadvice.org.uk/).
In these circumstances, we will refund you in full for any Products which have not been provided.
9.5 If you cancel an Order for any reason after Products have been dispatched to you or you have received them, you must return them to us at 23, March Court Warwick Drive, London, England, SW15 6LE within 14 days of your decision to cancel the Order.
9.6 Schedule 1 to these terms contains a model withdrawal form which you can use to tell us about your decision to cancel an Order, but you do not have to use this form. You can also contact us in one of the ways listed in clause 2.
9.7 We will pay the costs of returning Products to us, if:
9.7.1 the Products are faulty or mis-described; or
9.7.2 you are cancelling an Order because you have a legal right to do so as a result of something we have done wrong,
in all other circumstances you must pay the costs of return. We recommend you return the Products by recorded delivery or using a delivery service that insures you for the value of the Products.
9.8 If you are entitled to a refund under these terms we will refund you the price you paid for the Products including delivery costs, by the method you used for payment, within 14 days of the day on which we receive the Products back from you. The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a Product within 3-5 days at one cost but you choose to have the Products delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
9.9 If an Order included a free gift and you return all of part of the Order for a refund, the free gift must also be returned. If the free gift isn’t returned we reserve the right to deduct the value of the free gift from any refund. Free gifts cannot be returned or exchanged for another Product, nor can their monetary value be redeemed.
9.10 If an Order qualified for a discount, this discount shall no longer apply if, upon returning part of the Order the resulting value is below the threshold for the discount to apply. The discounted Products must therefore either be returned or they will be charged at the full retail price determined in accordance with clause 6.
10. Our rights to end the contract
10.1 We may cancel an Order at any time by writing to you if:
10.1.1 you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
10.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products; and
10.1.3 you do not, within a reasonable time, allow us to deliver the Products to you.
10.2 If we cancel an Order in any of the situations set out in clause 10.1 we will refund any money you have paid in advance for Products we have not provided in relation to that Order but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract for that Order.
10.3 We may terminate any Order if you breach any of the terms of clause 15 relating to acceptable use of our Site.
11. Our responsibility for loss or damage suffered by you
11.1 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable.
11.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for:
11.2.1 death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
11.2.2 fraud or fraudulent misrepresentation; and
11.2.3 breach of your legal rights in relation to the Products (including, but not limited to, your rights to receive Products which are as described, fit for purpose and of satisfactory quality).
11.3 We only supply the Products to you for domestic and private use. If you use the Products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12. Other parties who may perform the contract
12.1 You agree that we may instruct other persons, companies or firms to carry out our obligations under the contract on our behalf, including where we instruct such persons, companies or firms to procure or arrange delivery of Products to you.
13. Your personal information
13.1 We will use the personal information you provide to us:
13.1.1 to supply the Products to you (when you place an Order Request); and
13.1.2 to enable processing of your payment for the Products.
13.2 We may pass your personal information to the persons or firms referred to in clause 12 provided that we will only provide such of your personal information as is necessary for the person or firm to carry out their obligations under their contract with us.
13.3 We will only give your personal information to other third parties where the law either requires or allows us to do so.
14. Other important terms
14.1 We may transfer our rights and obligations under these terms to another organisation. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
14.2 All Orders are between you and us. No other person shall have any rights to enforce any of these terms.
14.3 Each of the clauses of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
14.4 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 you breaching a contract or these terms, 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.
14.5 These terms are governed by English law and you can bring legal proceedings in respect of the Products, Orders and/or these terms in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Products, Orders and/or these terms in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Products, Orders and/or these terms in either the Northern Irish or the English courts.
15. Acceptable use of our Site
These terms apply to the general use of our Site, whether or not you purchase our Products.
15.1 You may use our Site only for lawful purposes. You may not use our Site:
15.1.1 in any way that breaches any applicable local, national or international law or regulation;
15.1.2 in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
15.1.3 for the purpose of harming or attempting to harm any person in any way;
15.1.4 to send, knowingly receive, upload, download, use or re-use any material which is defamatory, obscene, offensive, hateful, inflammatory, promotes violence or discrimination on any grounds, infringes any intellectual property rights, promotes illegal activity or is likely to harass, upset, embarrass, alarm or annoy any other person or is otherwise illegal;
15.1.5 to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
15.1.6 to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
16. Do not rely on information on this Site
16.1 Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up to date.
17.1 We do not guarantee that our Site will be secure or free from bugs or viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You are responsible for configuring your information technology, computer programs and platform to access our Site. You should use your own virus protection software.
17.2 You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial of service attack. By breaching this provision you would commit an offence under the Computer Misuse Act 1990. We will report such breach to the relevant law enforcement authorities and we will cooperate with the authorities by disclosing any of your details we hold to them. In the event of such a breach your right to use our Site will cease immediately.
Schedule 1 – Model Withdrawal Form
(Complete and return this form only if you wish to cancel an Order)
To: HAER LIMITED, 23, March Court Warwick Drive, London, England, SW15 6LE
I hereby give notice that I cancel my Order relating to the following goods [*]
Order number: [*]
Ordered on: [*]/received on: [*]
My Name: My address (where the Order was delivered to) Signature of consumer(s) (only if this form is notified on paper): Date:
Order number: [*]
Ordered on: [*]/received on: [*]
My address (where the Order was delivered to)
Signature of consumer(s) (only if this form is notified on paper):
Date:[*] Please delete where appropriate