TERMS AND CONDITIONS OF SALE
When the following words with a capital letter are used in these Terms, they have the meaning set out below:
- Order: your order for the Products via the website;
- Products: the goods and/or services that We are selling to you;
- Special Terms: any additional terms and conditions that apply to your Order, as notified by Us during the order process;
- Terms: the terms and conditions set out in this document and any Special Terms;
- Website: http://www.gianniscumaci.com/; and
- We/Our/Us: Locket Creative Ltd, trading as Gianni Scumaci / GS Education, of 33-35 Daws Lane, London, NW7 4SD (registered number 07712536).
When We use the words "writing" or "written" in these Terms, this will include e-mail unless We say otherwise.
OUR CONTRACT WITH YOU
These are the terms and conditions on which We supply Products and/or Services to you. Please ensure you read these Terms carefully and check that the details of your Order are complete and accurate before you submit the Order. These Terms tell you who We are, how We will provide Products and/or Services to you, how you and We may change or end the contract, what to do if there is a problem and other important information.
When you submit the Order to Us, this does not mean We have accepted your Order. Our acceptance of the Order will take place as described in the paragraph below. If We cannot accept your Order We will inform you of this, We will not process the Order and any payment taken will be refunded (or any pending payment will be released). We might not accept your Order because:
- the Product is out of stock OR Education workshops have sold out;
- of unexpected limits on Our resources which We could not reasonably plan for;
- your Order breaches any of these Terms;
- We have identified an error in the price or description of the Product or;
- We are unable to meet delivery deadlines.
Our acceptance of your Order will take place when We dispatch the Products you have ordered from Our warehouse OR you have received an email notifying that we accept you onto the workshop. This is the point at which point a contract will come into existence between you and Us and these Terms will become binding on you and Us.
We will confirm dispatch of the Products and acceptance of your Order by email. Please note that the processing of your payment (or placing a pending payment on your account) and acknowledgment of your Order does not constitute acceptance of your Order.
We shall assign an order number to the Order and inform you of it when We accept the Order. It will help us if you can quote the order number in all subsequent correspondence with Us relating to the Order.
CHANGES TO ORDER OR TERMS
We may revise these Terms from time to time so you should check the Terms prior to placing any future Order.
DELIVERY OF PRODUCTS
Please note that timescales for delivery and delivery charges will vary depending on the availability of the Products (including any pre-orders) and your address. Please consult the “Payment & Delivery” section of the website.
Delivery of an Order shall be completed when We deliver the Products to the address you gave Us. The Products will be your responsibility from the completion of delivery. If We are not able to deliver the whole of the Order at one time due to operational reasons or shortage of stock, We will, except where your Order includes a pre-order, deliver the Order in instalments. We will not charge you extra delivery costs for this. However, if you ask Us to deliver the Order in instalments, We may charge you extra delivery costs. Each instalment shall constitute a separate contract governed by these Terms. If We are late delivering an instalment or one instalment is faulty, that will not entitle you to cancel any other instalment.
You own the Products once We have delivered them (provided that We have received payment in full).
If, after a failed delivery to you, you do not re-arrange delivery or collect them 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
On delivery of your Order please check the Products against the delivery not, or in the case of workshops please check against the confirmation email. If there is any discrepancy or if any Product is damaged please contact Us as set out in our ‘How to Contact Us’ section as soon as possible.
Where there is a discrepancy with your Order, We will ask you to return the Product to us in unused condition and in its original packaging which should be undamaged. You should inform Us within 7 days if you consider that the Products are damaged,otherwise the Products will be considered to have been correctly delivered, free from damage. This will be without prejudice to any damage or fault you could not have discovered on reasonable inspection of the Products. In the instance of a mistake being made with regards to your workshop purchase, you should inform Us within 7 days.
If Delivery of an Order is to a UK address and you have not received your Order within 14 days of receiving the order confirmation please contact Us as set out in our ‘How to Contact Us’ section. International deliveries may take longer.
You have legal rights if We deliver any Products late. Whilst our standard delivery service will usually deliver Product within 14 days of dispatch, Our legal obligation is to deliver Product without undue delay and in any event not more than 30 days after the date on which the contract between you and Us is entered into. If We miss this delivery deadline, or any other deadline that We agree with you, then you can cancel your Order for any of the Products or reject Products that have been delivered by contacting us as set out in our ‘How to Contact Us’ section.
If we have delivered some of the Products to you, you must post them back to Us in an unused condition and in their original, undamaged packaging. We will refund the cost of postage, upon you emailing Us a receipt of the cost of postage to email@example.com.
After cancellation (and return of the Products if applicable) We will refund any sums you have paid to Us for the cancelled Products and their delivery (via a refund) and the provisions of the ‘Promotions’ will apply where these Products were subject to a promotion when sold.
YOUR RIGHTS TO END THE CONTRACT
For products… Please note that all sales are final, unless the product is faulty. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it and when you decide to end the contract because:
- what you have bought is faulty you may have a legal right to end the contract;
- you want to end the contract because of something We have done or have told you We are going to do, for instance:
- We have told you about an error in the price or description of the Product you have ordered and you do not wish to proceed;
- there is a risk that supply of the Products may be significantly delayed because of events outside our control; or
- you have a legal right to end the contract because of something We have done wrong (including because we have delivered late) in which case you would be required to return the Product to us and we will refund the costs of return (you will need to send a copy of the cost for postage to firstname.lastname@example.org).
If you are ending a contract for a reason set out in (a) to (b) above the contract will end immediately and We will refund you in full for any Products which have not been provided and you may also be entitled to compensation.
For workshops: Please note that workshop tickets are non-refundable. However, students can transfer to another course within 12 months of original purchase date upon request/approval (note: price changes may apply depending on venue/workshop transferred to etc). If a student is unable to make it to a workshop for some reason, however they are able to find another stylist to go in their place prior to the class date, they will receive a full refund upon completion of the class by the replacement stylist. If Locket Creative Ltd cancel a workshop for any reason, tickets will be refunded. In the event of a workshop being cancelled, stylists are responsible for any additional costs they have incurred (eg travel expenses etc) to attend the class.
IF THERE IS A PROBLEM WITH THE PRODUCT
We are under a legal duty to supply Products that are in conformity with this contract. A summary of your key legal rights in relation to the Product is set out below. Nothing in these Terms will affect your legal rights.
Summary of your key legal rights:
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says your Products must be as described, fit for purpose and of satisfactory quality. Your legal rights vary depending on the amount of time that has passed since delivery. Citizens Advice will be able to provide you with more details.
If you wish to exercise your legal rights to reject Products you must post them back to Us. We will pay the costs of postage or collection (we will refund the cost of postage on proviso you email us a copy of the cost of postage receipt to email@example.com).
PRICE AND PAYMENT
The price of the Products will be the price indicated on the order pages when you place your Order. We take all reasonable care to ensure that the price of the Product advised to you is correct. Our prices may change at any time, but price changes will not affect Orders that We have accepted.
All prices include VAT. If the rate of VAT changes between your order date and the date We supply the product, We will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
Please note, it is always possible that, despite Our best efforts, some of the Products We sell may be incorrectly priced or promotional discounts may be incorrectly applied. We will normally check prices and promotional discounts before accepting your Order so that, where the Product's correct price (less any promotional discount) at your Order date is less than Our stated price at your Order date, We will charge the lower amount. If the Product's correct price (less any promotional discount) at your Order date is higher than the price stated to you, We will contact you for your instructions before We accept your Order. If We accept and process your Order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, We may end the contract, refund you any sums you have paid and require the return of any Products provided to you.
Depending on the method of delivery you select the prices for the Products may exclude delivery costs, which will be added to the total amount due. Please see the “Payment & Delivery” section of the website.
You must make payment for Products by using Paypal. We will collect funds from you when We despatch the Products however We may place a pending payment on your account (including your Paypal account) when you place your Order. Taking payment or placing a pending payment on your account does not constitute acceptance of your Order.
OUR LIABILITY TO YOU
We are responsible to you for foreseeable loss and damage caused by Us. 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 this contract, 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 the contract was made, both We and you knew it might happen, for example, if you discussed it with Us during the sales process.
We are not liable for business losses. We only supply the Products for private domestic 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.
EVENTS OUTSIDE OUR CONTROL
We are not responsible for delays outside Our control. 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 end the contract and receive a refund for any Products you have paid for but not received.
The terms set out in this clause apply to all Our offers and promotions and you should read these along with the terms of the specific offer. Where a specific offer says something different set out in this section, the terms of the specific offer will apply.
No promotion, discount or promotional code available for redemption on the website may be used in conjunction with another offer or used to purchase gift cards.
Only one promotional code can be used per Order.
A promotional code cannot be applied to an Order after it has been placed.
Discounts do not apply to any delivery charges unless expressly stated.
Where you return Product to Us and receive a refund for any reason, the refund will be for the price paid, taking into account the offer. This means that you will effectively pay full price for the products you keep and lose the benefit of the offer.
Where you receive a free gift with your Order, you must return the free gift if you return the Product(s) which entitled you to a free gift. Where you received a product for free or at a discounted price because you purchased a qualifying product, you must return the free or discounted products when you return the qualifying product.
OUR CANCELLATION RIGHTS FOR PRODUCTS
We may end the contract for a Product at any time by writing to you as soon as reasonably possible (and, where (d) or (e) apply, offering you the choice of a refund or an alternative product) if:
- you do not make any payment to Us when it is due;
- you do not, within a reasonable time, allow Us to deliver the products to you;
- We become aware, or reasonably believe, that you are in breach of these Terms;
- stock becomes unavailable; or
- an event outside of Our control occurs.
HOW TO CONTACT US
We are a company based in England. Our company registration number is 07712536 and Our registered office is at 33-35 Daws Lane, London, NW7 4SD. Our registered VAT number is 129345605.
If you have any questions or if you have any complaints, please contact Us. You can contact Us by e-mailing Us using the contact form on the website or emailing firstname.lastname@example.org.
HOW WE MAY USE YOUR PERSONAL INFORMATION
OTHER IMPORTANT TERMS
We may transfer Our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and We will ensure that the transfer will not affect your rights under the contract.
You may only transfer your rights or your obligations under these Terms to another person if We agree in writing.
This contract is between you and Us. No other person shall have any rights to enforce any of its terms.
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining terms will remain in full force and effect.
If We fail to insist that you perform any of your obligations under these Terms, if We do not enforce Our rights against you or if We delay in doing so 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. For example if you do not pay and we do not request payment but provide the Products, we can still require you to make a payment at a later date.
These Terms are governed by English law and you can bring legal proceedings in respect of the Products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Products in either the Northern Irish or the English courts.
If you wish to make a complaint, please email email@example.com.
If you are dissatisfied with the way that we have handled a complaint and wish to submit a complaint to the Online Dispute Resolution Platform, which is accessible via this link http://ec.europa.eu/odr and we will let you know during the complaint process whether we are willing to use this platform in relation to your complaint.