Terms and Conditions
This page (together with the documents referred to in it) tells you the terms and conditions (Terms) on which Tabitha James Kraan Organic Hairdressing supplies any of the products (Products) listed on our website http://www.tabithajameskraan.co.uk (the Website) to you. Please read these Terms carefully before ordering any Products from the Website. You acknowledge that by ordering any of our Products, you agree to be bound by these Terms.
1. Information about Tabitha James Kraan Organic Hairdressing
The Website is operated by Spirit Organics Limited trading as Tabitha James Kraan Organic Hairdressing (Tabitha JK). Spirit Organics is registered in England and Wales under company number 04842108 with its registered office at 43 Merstow Green, Evesham, WR11 4BB.
2. Website availability
2.1 The Website is only intended for use by people resident in Europe, North America, Australasia and a few other countries. Tabitha JK does not accept orders from individuals outside these territories.
2.2 Tabitha JK may suspend the Website for any reason whatsoever, including but not limited to repairs, planned maintenance or upgrades, and shall not be liable to you for any such suspension.
2.3 Tabitha JK reserves the right to make any changes to the Website or to discontinue any aspect or feature of the Website without notice.
2.4 In the event that Tabitha JK, in its sole discretion, considers that you are making any illegal and/or unauthorised use of the Website, and/or your use of the Website is in breach of these Terms, Tabitha JK reserves the right to take any action that it deems necessary, including terminating without notice your use of the Website and, in the case of illegal use, instigating legal proceedings.
3. Your status
By placing an order to purchase Products (Order) through the Website, you warrant that:
- You are legally capable of entering into binding contracts; and
- You are at least 18 years old; and
- You are resident in one of the Countries we ship to.
4. How the contract is formed between you and the partner
4.1 After placing an Order, you will receive an email from Tabitha JK acknowledging that Tabitha JK has received your order. Please note that this does not mean that your Order has been accepted. Your Order constitutes an offer to Tabitha JK to buy a Product from the third party that offers the Product for sale via the Website (the Partner). All orders are subject to acceptance by the Partner, and the Partner will confirm such acceptance to you by sending you an email that confirms that the Product has been dispatched (the Dispatch Confirmation). The contract between the Partner and you (Contract) will only be formed when the relevant Partner sends you the Dispatch Confirmation.
4.2 Each Contract relates only to those Products whose dispatch the Partner has confirmed in the Dispatch Confirmation. The Partner shall 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 by way of a Dispatch Confirmation.
4.3 For the avoidance of doubt, your contract with Tabitha JK relates only to your use of the Website and the Services available therein.
5. Tabitha JK’s status
5.1 Tabitha JK may provide links on the Website to the websites of other companies, whether affiliated with Tabitha JK or not. Tabitha JK cannot give any undertaking that products you purchase from any third party sellers will be of satisfactory quality, and any such warranties are disclaimed by Tabitha JK absolutely. This disclaimer does not affect your statutory rights against any third party seller.
5.2 Tabitha JK is not the vendor of the Products, rather it provides services to you and the relevant Partners to allow you and Partners to contract online for the supply of Products.
5.3 If you have any issues with a Product or an Order that has been sent out to you, please raise these directly with the relevant Partner.
6. Consumer rights
6.1 If you are contracting as a consumer, you may be able to cancel a Contract at any time within seven working days, beginning on the day after you received the relevant Product. 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 paragraph 10 below).
6.2 To cancel a Contract, you must inform the relevant Partner in writing and return the Product(s) to that Partner immediately, in the same condition in which you received them, and at your own cost and risk.
6.3 You will not have any right to cancel a Contract for the supply of any Products which by reason of their nature cannot be returned, for example, without limitation, any cosmetics which have been unpackaged and treated in any way that renders it no longer marketable to other customers.
6.4 The provisions of this paragraph 6 do not affect your statutory rights.
7. Availability and delivery
7.1 Your Order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
7.2 Fulfilment of Orders will be carried out by third party suppliers or distributors and as such Tabitha JK may not be able to control precisely how and when orders are sent out.
The Products will be at your risk from the time of delivery.
9. Price and payment
9.1 The price of any Products will be as quoted on the Website from time to time, except in cases of obvious error.
9.2 These prices include VAT and basic delivery costs. Any other delivery costs will be added to the total amount due as set out in the delivery options offered by the relevant Partner.
9.3 Prices are liable to change at any time, but changes will not affect orders in respect of which you have already been sent a Dispatch Confirmation.
9.4 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. Tabitha JK will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, Tabitha JK 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, the relevant Partner will normally, at its discretion, either contact you for instructions before dispatching the Product, or reject your Order and notify you of such rejection.
9.5 Neither Tabitha JK nor the relevant Partner is under any obligation to provide the Product to you at the incorrect (lower) price, even after a Dispatch Confirmation has been sent to you, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
10. Tabitha JK’s refund policy
10.1 All requests for refunds must be directed to the relevant Partner, which will usually be a third party supplier or distributor.
10.2 When you return a Product to the Partner (for instance, because you have cancelled the Contract, or have notified Tabitha JK in accordance with paragraph 15 that you do not agree to any change in the Terms or in any of Tabitha JK’s policies, or because you claim that the Product is defective), the Partner will examine the returned Product and will notify you of any refund via email within a reasonable period of time. The Partner will usually refund any money received from you using the same method originally used by you to pay for your purchase. The Partner will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day that the Partner confirmed to you via email that you were entitled to a refund for delivery of the Product.
10.3 Products returned by you because of a defect will be refunded in full, including a refund of any standard delivery charges for sending the item to you and the cost incurred by you in returning the item to the Partner.
10.4 Products returned by you within the seven-day cooling-off period (referred to in paragraph 6.1 above) will be refunded in full, including the cost of sending the item to you. Neither Tabitha JK nor the Partner will be responsible for the cost of returning the item to the Partner.
11. Tabitha JK’s liability
11.1 Except as otherwise set out below, Tabitha JK’s liability in connection with any Product purchased through the Website is strictly limited to the purchase price of that Product.
11.2 Paragraph 11.1 above does not exclude or limit in any way Tabitha JK’s liability:
- For death or personal injury caused by Tabitha JK’s 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 Tabitha JK to exclude, or attempt to exclude, Tabitha JK’s liability.
11.3 Tabitha JK accepts no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
11.4 The information provided on the Website by Tabitha JK, including the editorial material provided by Tabitha JK’s experts, is intended as information only and does not constitute advice. Therefore, it must not be relied on to assist in making or refraining from making a decision, or to assist in deciding on a course of action
11.5 Where the Website or any Submission (as defined in clause 13 below) made by any user includes views, opinions, advice and recommendations, these views, opinions, advice and recommendations are not endorsed by Tabitha JK and, to the maximum extent permitted by law, Tabitha JK shall not be liable on account of the accuracy, defamatory nature, completeness, timeliness or otherwise of such views, opinions, advice and recommendations.
11.6 The material on the Website is provided “as is”, without any conditions, warranties or other terms of any kind.
11.7 To the maximum extent permitted by law, Tabitha JK expressly excludes all representations, warranties, obligations and liabilities in connection with the Website or other third party websites, and the information provided therein.
12.1 Tabitha JK is committed to protecting the privacy of users of the Website and the confidentiality of the information provided to it by users of the Website.
12.2 Tabitha JK is the data controller of your data submitted using the website. Tabitha JK does not store credit card details nor do we share customer details with any 3rd parties.
12.3 Tabitha JK reserves the right to gather information relating to use of the Website. By using the Website you consent to collection and use of this information by the Tabitha JK and by creating an account at the Website you consent to Tabitha JK contacting you to provide you with newsletters and marketing information.
12.4 Information about users of the Website may be stored in a cookie (a small file that is sent by our web server to your computer), which can be accessed when you make return visits to the Website.
13. User registrations and submissions
13.1 In Order to access certain features of the Website, including the ability to post reviews, you will be required to register an account with Tabitha JK (Login). You will only be able to use such a Login if you supply a valid email address when registering for such a Login. You agree to keep your Login confidential and not to allow any other individuals to use your Login to access any part of the Website.
13.2 You agree that you are solely responsible for all activities under your Login.
13.3 You agree to notify Tabitha JK in the event that there is a breach of security or any unauthorised use of your Login.
13.4 You agree to indemnify and hold harmless Tabitha JK for any claims, losses, costs and expenses that it suffers as a result of activity conducted using your Login, including but not limited to failure to comply with the terms of clause 13.6 below.
13.5 By registering a Login and accessing the Website, you agree that you will not submit to appear on the Website any review, link, comment or other material whatever (Submission) that may reasonably be deemed to be offensive, illegal or inappropriate, for example any Submission that:
- promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- displays pornographic or sexually explicit material;
- that is or promotes any conduct that is abusive, threatening, obscene, defamatory or libellous;
- promotes any illegal activities;
- provides instructional information about illegal activities, including violating someone else’s privacy or providing or creating computer viruses;
- promotes or contains information that you know or believe to be inaccurate, false or misleading;
- engages in or promotes commercial activities and/or sales, including but not limited to contests, sweepstakes, barter, advertising and pyramid schemes, without the prior written consent of Tabitha JK;
- infringes any rights of any third party.
13.6 You further agree that you will not:
- select or use a Login with the intent of impersonating another person;
- allow any other person to use a Login that you have registered;
- create multiple Logins;
- use the information presented on the Website for any commercial purposes;
13.7 You acknowledge that making a Submission does not guarantee that such Submission, or any part thereof, shall appear on the Website, but agree that Tabitha JK may, at its sole discretion, choose to display any Submission or any part of a Submission that you make on the Website and hereby grant to Tabitha JK a nonexclusive, perpetual, irrevocable, worldwide licence to do so.
13.8 You warrant and represent that you own or are licensed to use any and all the intellectual property rights in any Submissions that you make to the Website. granted hereunder are reserved by Tabitha JK.
13.9 You hereby grant to Tabitha JK a non-exclusive, irrevocable licence to make your Submissions available to other users of the Website and to edit your Submissions in the event that Tabitha JK deems it necessary or desirable to do so for whatever reason.
13.10 You acknowledge that you will not be able to edit or delete any Submission after submission.
13.11 Any user who feels that any Submission made by other users is objectionable is encouraged to contact Tabitha JK at firstname.lastname@example.org. Tabitha JK will review the relevant Submission as soon as is practicable and will take such action as it deems necessary, if any.
14. Intellectual propert rights
14.1 Other than in relation to links to third party websites, Tabitha JK owns or has a licence to use all right, title and interest in and to the Website, including without limitation all copyright and any other intellectual property rights therein. These Terms shall not be construed to convey title to or ownership of the Website or the data contained therein to the user. All rights in and to the Website not expressly
14.3 You are expressly prohibited from:
- reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the Website; and
- removing, modifying, altering or using any registered or unregistered marks/logos owned by Tabitha JK, and doing anything which may be seen to take unfair advantage of the reputation and goodwill of The Administrator or could be considered an infringement any of the intellectual property rights owned and/or licensed to Tabitha JK, without first obtaining the written permission of Tabitha JK.
15. Written communications
Applicable laws require that some of the information or communications Tabitha JK send to you should be in writing. When using the Website, you accept that communication with Tabitha JK will be mainly electronic. Tabitha JK will contact you by email or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that Tabitha JK provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to Tabitha JK must be given to Tabitha JK at email@example.com. Tabitha JK may give notice to you at either the email or postal address you provide to Tabitha JK when placing an order, or in any of the ways specified in paragraph 15. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an email 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 email, that such email was sent to the specified email address of the addressee.
17. Transfer of rights and obligations
17.1 The contract between you and Tabitha JK is binding on you and Tabitha JK and on our respective successors and assigns.
17.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without Tabitha JK’s prior written consent.
17.3 Tabitha JK may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of its rights or obligations arising under it, at any time during the term of the Contract.
18. Events outside our control
18.1 Tabitha JK 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).
18.2 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.
- The failure of suppliers of Tabitha JK to comply with the terms of supply agreements entered into with Tabitha JK.
18.3 Tabitha JK’s performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and Tabitha JK will have an extension of time for performance for the duration of that period. Tabitha JK will use reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which its obligations under the contract may be performed despite the Force Majeure Event.
19.1 If Tabitha JK 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 the Terms, or if Tabitha JK fail to exercise any of the rights or remedies to which Tabitha JK 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.
19.2 A waiver by Tabitha JK of any default shall not constitute a waiver of any subsequent default.
19.3 No waiver by Tabitha JK of any of the Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with paragraph 15 above.
If any of these Terms 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.
21. Entire agreement
21.1 These Terms and any document expressly referred to in them represent the entire agreement between Tabitha JK and you in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
21.2 You and Tabitha JK each acknowledge that, in entering into a Contract, neither of parties 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 the Terms.
21.3 Neither party shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in the Terms.
22. Our right to vary the terms
22.1 Tabitha JK has the right to revise and amend the Terms from time to time.
22.2 You will be subject to the policies and terms and conditions in force at the time that you Order Products from the Website, unless any change to those policies or the Terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if Tabitha JK notify you of the change to those policies or the Terms before the Partner sends you the Dispatch Confirmation (in which case Tabitha JK 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).
23. Law and jurisdiction
Contracts for the provision of services through the Website will be governed by English law. Any dispute arising from, or related to, such contracts shall be subject to the exclusive jurisdiction of the courts of England and Wales.