Last updated on [20/06/2023]
TERMS AND CONDITIONS FOR BUYING PRODUCTS AND JUST BROWSING
Welcome to Rita Rose Hair Ltd!
Who are we?
· We are Rita Rose Ltd, a company registered in England and Wales under company number 13532208 (Rita Rose Hair).
· Our registered address is Unit 1, Rumbush Farm Business Park Rumbush Lane, Earlswood, Solihull, England, B94 5LW.
In these terms, we also refer to Rita Rose Hair as “our”, “we”, or “us”.
And you are you!
What are these terms about?
These terms apply when you:
· use this website, being https://www.ritarosehair.co.uk/ and any other websites we operate with the same domain name and a different extension (“Website”); or
· purchase products through this Website (“Products”)
If you’re looking for our Website Terms of Use or our Privacy Policy, which we will comply with and you also agree to be bound by, you can find it here [insert link] and [insert link].
Please let us know if you have any questions about these terms, and don’t continue using this Website or purchase any Products unless you have read and agree to these terms.
I’ve returned to your Website, do I need to read these terms again?
By checking the tick box accepting these Terms, placing an Order (defined in clause 1.1(a)) or accepting or paying for our Products, you are deemed to have accepted these terms, which are incorporated in any Order Form together with any additional terms included in an Order Form, provided such additional terms are recording writing.
Please note that we may change any part of these terms at any time by updating this page of the Website, so you may find that different terms apply next time you use this Website or purchase Products. You can check the date at the top of this page to see when we last updated these terms.
1 SUBMITTING AN ORDER
1.1 ORDERS
(i) you have the legal capacity and are of sufficient age to enter into a binding contract with us; and
(ii) you are authorised to use the debit or credit card you provide with your Order.
(b) Submitting an Order constitutes your intention and offer to enter into these terms and our Website Terms and Conditions, which can be found here: (and which you agreed to by using this Website).
(c) These terms are not agreed between you and us until we have approved your payment and you receive an email from us confirming that your Order is being processed.
1.2 ACCOUNTS AND GUEST CHECKOUT
(a) You may submit an Order as a guest, or you may submit an Order with an account. You can sign-up, register and receive an account through the Website (an Account).
(b) As part of the Account registration process and during the checkout process (whether your Order is submitted with an Account or as a guest), and as part of your continued use of the Website, you may be required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, bank account information, and other information as determined by us from time to time.
(c) You warrant that any information you give to us in the course of completing the Account registration process and during the checkout process will always be accurate, honest, correct and up-to-date.
(d) Once you complete the Account registration process, we may, in our absolute discretion, choose to accept you as a registered user within the Website and provide you with an Account.
(e) We may, in our absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with these terms.
(f) If you sign up with an Account, you agree that you’re solely responsible for:
(i) maintaining the confidentiality and security of your Account information and your password; and
(ii) any activities and those of any third party that occur through your Account, whether those activities have been authorised by you or not.
(g) You also agree to let us know if you detect any unusual activity on your Account as soon as you become aware of it.
(h) We will not be responsible to you for, and expressly disclaim any liability for, any cost, loss, damages or expenses arising out of a failure by you to maintain the security of your Account information or your password.
(i) You agree to release Rita Rose Hair from any and all liability for any loss or damage that arises out of or in connection with information you provide that is not accurate, honest, correct or up-to-date.
(j) (Cancellation by you) You are responsible for the cancellation of your Account. You can cancel your Account at any time by using the functionality provided on the Website.
(k) (Cancellation by us) To the extent permitted by law, we reserve the right to terminate your access to any or all of the Website at any time without notice, for any reason, provided that we refund to you any fees for Products which you have paid for and not received. We may also terminate your access to any or all of the Website at any time without notice without issuing a refund if you breach any provision of these terms.
1.3 VOUCHERS AND DISCOUNT CODES
(a) We may provide promotional materials and discount codes offering a discount on the Products (Voucher). To use a Voucher, you will need to enter its code at checkout.
(b) A Voucher cannot be applied retrospectively to an Order. Vouchers are non-transferrable and cannot be redeemed for cash or store credit.
(c) If any additional terms or conditions apply to the Voucher, these will be set out on the Voucher.
2 PRODUCTS
(a) We will endeavour to ensure that the Products provided will be substantially the same as the Products displayed on our Website, or as otherwise agreed with you in writing prior to you placing your Order. Please note that due to screen display, colour and brightness, and image quality, Products (including hair shades and colour matches) may not exactly match the image on our Website. We try to make sure that:
(i) all weights, sizes and measurements set out on the Website are as accurate as possible, but due to the nature of the Products, there may be some small deviations in such weights, sizes and measurements in the actual Products than those specified on the Website; and
(ii) the colours of our Products are displayed accurately on the site, the actual colours that you see on your device may vary depending on the device that you use.
(b) Until the price of your Products is paid in full, title in those Products is retained by Rita Rose Hair. Risk in the Products will pass to you on delivery in accordance with clause 5(h). Delivery must not be refused by you.
(c) The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’). The Products we provide to you must be as described, fit for purpose and of satisfactory quality.
(d) We are under a legal duty to supply you with Products that are in conformity with this contract (subject to your Order being accepted and confirmed).
(e) The packaging of the Products may be different from that shown on the Website.
3 PAYMENT
(a) All prices are:
(i) per unit (except where otherwise indicated);
(ii) in British Pounds (except where otherwise indicated); and
(iii) subject to change prior to you completing an Order without notice.
(b) (Payment obligations) Unless otherwise agreed in writing you must pay for all Products at the time of placing an Order.
(c) (VAT) Unless otherwise indicated, amounts stated in an Order do not include VAT. In relation to any VAT payable for a taxable supply by us, you must pay the VAT subject to us including that amount in the Order, or otherwise providing a tax invoice.
Squareup.com’s terms of use are available here: https://squareup.com/gb/en/legal/general/ua. Squareup.com’s Services Agreement with us is available here: https://squareup.com/gb/en/legal/general/cea Both sets of terms are binding on you.
(e) (Pricing errors) In the event that we discover an error or inaccuracy in the price at which your order was purchased (including shipping prices), we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your order at the correct price, or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.
4 CLEARPAY
(a) Clearpay is a payment option which allows you to be able to purchase what you want now and pay off the remaining amounts payable over 4 fortnightly instalments. Late fees may apply if you miss your scheduled payments. Please refer to the Clearpay website for more information, and their terms and conditions. Clearpay may be selected as a payment method at checkout.
(b) (Returns with Clearpay) Our returns and exchange process as set out in clause 6 will apply for Clearpay returns. Please ensure to continue paying any Clearpay instalments even after you have returned a Product. Remaining instalments will only be cancelled once the return has been processed. For partial returns or exchanges, Clearpay will adjust your remaining instalment amounts.
(a) Delivery costs will be added to the cart upon checkout. The prices displayed at checkout are inclusive of delivery to the address chosen by you.
(b) Delivery costs are calculated per item, according to its weight and postal size. For information on delivery options, costs and timings, please visit our Website. During the online checkout process, you may be given available delivery options to choose from.
(c) The estimated date and time window for delivery of Products is set out on our Website, and in your Order.
(d) If something happens which is outside of our control and affects the estimated date of delivery, we will provide you with a revised estimated date for delivery.
(e) Delivery will take place to the address provided by you when you placed your Order with us.
(f) Unless we agree in writing otherwise, if we cannot deliver your Product within 30 days of the date of your Confirmation Email, we will:
(i) let you know;
(ii) cancel your order; and
(iii) give you a refund.
(g) If nobody is available to take delivery when it is delivered to your delivery address, please contact us using the contact details on our Website.
(i) Third party courier terms apply to the delivery of the Products to you. Any problems with delivery should be directed to us to troubleshoot the issue. We will endeavour to assist you to ensure your delivery arrives. Subject to the other provisions of this clause 6, all delivery times provided to you are estimates only and are subject to postal delays and reasons beyond our control. We do not warrant or make any representation that your order will be delivered within the times indicated. We will not be liable for any loss or damage suffered as a result of or in connection with late deliveries.
(j) We currently only attend to delivery within the UK, Scotland and Ireland. Rita Rose Hair reserves the right to refuse international orders. Approved international orders may be subject to customs and import duties upon reaching its country of destination. You will be responsible for paying all customs and import duties and acknowledge that failure to pay may result in your order being held at customs. We will not be liable for any costs you may incur in having your order released from customs, including reimbursing you for any customs or import duties you may pay.
We reserve the right to cancel your Order for any reason, and will notify you of this as soon as possible. Where payment has already been debited, the full amount will be credited back to your original method of payment.
6.2 CANCELLATION BY YOU
You may cancel your Order up to the time that we confirm your Order in writing to you. Once we confirm your Order, your Order is binding and cannot be changed by you, subject to the rest of this clause 6 - our refunds and exchanges process may apply.
6.3 CONTRACTS THAT CAN BE CANCELLED FOR CHANGE OF MIND
(a) This clause 6.3 only applies if you submit an order to purchase a Product through the Website or over the phone.
(b) For many contracts for the sale of goods (except those set out in clause 6.4), you have the right to cancel these terms (as they relate to the good) within 14 days without giving any reason.
(c) This cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the relevant goods.
(d) To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement to us in writing, for example by emailing us using the contact details available on our website.
(e) To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
6.4 CONTRACTS THAT CANNOT BE CANCELLED FOR CHANGE OF MIND
(a) We do not offer change of mind cancellation for contracts for goods that are made to your specifications (including Custom Products), are clearly personalised or for goods that are sealed for hygiene purposes (including shampoos, conditioners and other hair treatments) if they become unsealed or tampered with in any way (including being opened, used, brushed, altered or worn) after delivery, due to health protection.
(b) For these goods, we are under no obligation to offer a refund under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
(c) This does not affect your statutory rights in relation to faulty goods, as set out in clause 6.7.
(a) This clause 6.5 only applies to Products purchased in store.
(b) You acknowledge and agree that Products cannot be refunded for change of mind, or if you have selected the incorrect Product.
(i) You must contact us within 7 days from the date the Product was delivered to you (Delivery Date), indicating that you would like to return the Product and whether you would like a store credit or an exchange.
(ii) We will notify you by return email of our return address to send the Product to (Return Address).
(iii) You will send the Product to the Return Address, at your cost.
(iv) Upon receipt, we will inspect the Product to ensure it is in its original condition (including that the Product has not been used, manipulated or altered in any way) and its original packaging, including tags (as determined by us in our absolute discretion) (Original Condition).
(v) If we determine that the Product is not in its Original Condition, at our option we will not offer a change of mind return, and we will either keep the Product, or deliver it back to your nominated address (at your cost), at your option.
(vi) If we determine that the Product is in its Original Condition, and the terms of this clause 6.5(c) have all been met, then we will issue the store credit or an exchange (at your option), minus a 10% re-stocking fee. If you elect to receive a refund or store credit, we will deduct your re-stocking fee from this amount. If you elect to receive an exchange:
(A) you may be required to pay an additional fee to cover the re-stocking fee, depending on the value of the exchange item;
(B) if the value of the new exchange item is greater than the original price for the Product, you will be required to pay us the difference in price prior to us completing the exchange; and
(C) we will ship the exchange item to you at your cost.
(d) From the date 7 days after a Product’s Delivery Date, we do not offer change of mind returns or exchanges.
(e) For the avoidance of doubt, if a Product is faulty then clause 6.7 will apply.
6.6 CUSTOM PRODUCTS
(a) An Order for Custom Products cannot be cancelled after 48 hours of placing the Order.
(b) If you wish to cancel a Custom Product within 48 hours of placing the Order, please contact us to arrange for a refund.
(a) For all goods purchased, you have statutory rights if your order has been damaged in transit or the goods were not of satisfactory quality or as described, which may entitle you to a replacement or refund. Nothing in this clause 6.7 will require us to provide a refund, repair or replacement in respect of loss or damage to goods caused by you, or otherwise caused to the goods after they entered your possession.
(a) If you wish to cancel this contract:
(i) due to change of mind, in accordance with clause 6.3; or
(ii) due to the goods being faulty, in accordance with clause 6.7,
we will reimburse you all payments received by you, including the cost of delivery (subject to clause 6.7(b) and the process set out in this clause 6.8 will apply, provided that:
(iii) clause 6.3 applies to the relevant good; or
(iv) the relevant good is faulty in accordance with clause 6.7,
and if neither apply, then we may refuse your refund/cancellation request.
(b) We will use the same method of payment for issuing any refund owed to you using the method you used for your initial payment, unless we have expressly agreed otherwise.
(c) We may make a deduction from any reimbursement issued to you for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
(d) We will pay any refund owed to you without undue delay, and not later than:
(i) 5 business days after the day we received back from you any goods supplied;
(ii) (if earlier) 5 business days after the day you provide evidence that you have returned the goods; or
(iii) if there were no goods supplied, 5 business days after the day on which we are informed about your decision to cancel this contract (if applicable).
(e) For any valid cancellation under clause 6.3, we may withhold reimbursement until we have received the relevant goods back from you or you have supplied evidence of having sent back the goods, whichever is the earliest.
(f) For any requested refund under clause 6.7, we may withhold reimbursement until we have inspected the relevant goods, to ensure that they are faulty, and that a refund or replacement is appropriate.
(g) If you have received the goods and wish to cancel these terms under this clause 6.8:
(i) you must send back the goods to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from these terms to us (if this clause 6.8 is applicable). The deadline is met if you send back the goods before the period of 14 days has expired;
(ii) you will have to bear the direct cost of returning the goods;
(iii) you must provide us with an image of the packaged goods and postage tracking number; and
(iv) you will only be liable for any diminished value of a good resulting from your handling of the good to the extent that handling wasn’t necessary to establish the nature, characteristics and functioning of the good.
(a) Rita Rose Hair retains all intellectual property rights in the design of the Products, including the labelling and packaging, or those rights are owned by a third party. You must not attempt to copy, reproduce, manufacture or otherwise commercialise the Products.
(b) In this clause 7, “intellectual property rights” means copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in the United Kingdom and throughout the world.
8 THIRD PARTY SUPPLIERS
(a) We may do any of the following:
(i) outsource any part of performing any services related to providing the Products, including delivery of your Products; or
(ii) procure materials and Products from third party suppliers,
without further notice to or permission from you.
(b) To the maximum extent permitted under applicable law, we will not be liable for any acts or omissions of those third parties, including where such third parties cause delay or damage to any part of your Order, or are negligent in providing services or goods.
9 REVIEWS
(a) You may provide feedback on the Website regarding the Products or your experience with us (a “Review”).
(b) Reviews can be viewed by any Website user and will remain viewable until the Product is removed or your Account is terminated.
(c) You must only provide true, fair and accurate information in your Reviews.
(d) If we consider that a Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review and/or ban you from using the Website, or posting further Reviews. We do not undertake to review each Review made by a customer.
(e) To the maximum extent permitted by law, we are not responsible for the content of any Reviews.
(i) You may only write a Review about your own shopping experience or the Products you have purchased from us, which means that:
(ii) you have purchased a Product from us via the Website; or
(iii) you have placed an Order with us via the Website; or
(iv) you can otherwise document your shopping experience with us, including via correspondence, customer service, or other interaction with us via the Website or otherwise,
(f) You may only write about your own experience. You are not permitted to write a Review about somebody else’s experience, such as that of a family member or friend.
10 Consumer rights
10.1 YOUR KEY INFORMATION
(a) The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that up to 14 days after receiving your Products, in some cases, you can change your mind and get a full refund. Please note this does not include contracts for goods that are made to your specifications, are clearly personalised or for goods that are sealed for hygiene purposes (including shampoos, conditioners and other hair treatments) if they become unsealed or tampered with in any way after delivery, due to health protection.
(b) The Consumer Rights Act 2015 (applicable in the United Kingdom) requires that all our Products are as described, fit for purpose and of satisfactory quality and so nothing in these terms affects statutory rights.
(c) During the expected lifespan of your Product, if this Act applies to you, you’re entitled to the following:
(i) up to 30 days: if your goods are faulty, you can get a refund;
(ii) up to six months: if it can’t be repaired or replaced, then you’re entitled to a full refund in most cases;
(iii) up to six years: if the goods do not last a reasonable length of time, you may be entitled to some money back.
(d) If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.
10.2 FAULTY PRODUCTS
(a) Nothing in these terms affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights under law.
(b) If your Products are faulty, please contact us using the contact details at the top of this page.
11 LIABILITY
(a) To the maximum extent permitted by applicable law, Rita Rose Hair limits all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to this Website, these terms or any Products or services provided by Rita Rose Hair, is limited to the greater of:
(i) the total Fees paid to Rita Rose Hair by you in the 6 months preceding the first event giving rise to the relevant liability; and
(ii) £100GBP.
(b) All express or implied representations and warranties in relation to Products and the associated services performed by Rita Rose Hair are, to the maximum extent permitted by applicable law, excluded.
(c) (Indemnity) You indemnify Rita Rose Hair and its employees and agents in respect of all liability for loss, damage or injury which is or may be suffered by any person arising from your or your representatives’:
(i) breach of any of these terms;
(ii) use of the Website;
(iii) provision of the Services by Rita Rose Hair; or
(iv) use of any Products, or other goods or services provided by Rita Rose Hair.
(d) (Consequential loss) To the maximum extent permitted by law, under no circumstances will Rita Rose Hair be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with this Website, these terms or any Products or services provided by Rita Rose Hair (except to the extent this liability cannot be excluded under law.
(e) Nothing in these terms or any Order will exclude or limit a party’s liability for fraud or intentional unlawful conduct by a party, or death or personal injury resulting from a party’s negligence.
(f) To the extent that the provisions of any applicable law shall impose restrictions on the extent to which liability can be excluded under these terms or an Order, including, for the avoidance of doubt, the provisions of sections 3, 6 and 11 of the Unfair Contract Terms Act 1977 in the UK (and its equivalent in any other jurisdiction) relating to the requirement of reasonableness, the exclusions set out in this clause will be limited in accordance with such restrictions. However, any exclusions of liability that are not affected by such restrictions will remain in full force and effect.
12 DISPUTE RESOLUTION
(a) A party claiming that a dispute has arisen under or in connection with these terms must not commence court proceedings arising from or relating to the dispute, other than a claim for urgent interlocutory injunction, unless that party has complied with the requirements of this clause.
(b) A party that requires resolution of a dispute which arises under or in connection with this agreement must give the other party or parties to the dispute written notice containing reasonable details of the dispute and requiring its resolution under this clause.
(c) Once the dispute notice has been given, each party to the dispute must then use its best efforts to resolve the dispute in good faith. If the dispute is not resolved within a period of 14 days (or such other period as agreed by the parties in writing) after the date of the notice, any party to the dispute may take legal proceedings to resolve the dispute.
This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
14 FORCE MAJEURE
(i) reasonable details of the Force Majeure Event; and
(ii) so far as is known, the probable extent to which the Affected Party will be unable to perform or be delayed in performing its obligation.
(b) Subject to compliance with clause 14(a), the relevant obligation will be suspended during the Force Majeure Event to the extent that it is affected by the Force Majeure Event.
(c) The Affected Party must use its reasonable endeavours to overcome or remove the Force Majeure Event as quickly as possible.
(d) (d) For the purposes of this agreement, a ‘Force Majeure Event’ means any:
(i) act of God, lightning strike, meteor strike, earthquake, storm, flood, landslide, explosion or fire;
(ii) strikes or other industrial action outside of the control of the Affected Party;
(iii) war, terrorism, sabotage, blockade, revolution, riot, insurrection, civil commotion, epidemic, pandemic; or
(iv) any decision of a government authority in relation to COVID-19, or any threat of COVID-19 beyond the reasonable control of the Affected Party, to the extent it affects the Affected Party’s ability to perform its obligations.
15 NOTICES
(a) A notice or other communication to a party under this agreement must be:
(i) in writing and in English; and
(ii) delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.
(b) Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:
(i) 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or
(ii) when replied to by the other party,
(iii) whichever is earlier.
16 GENERAL
16.1 GOVERNING LAW AND JURISDICTION
16.2 WAIVER
No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
16.3 SEVERANCE
Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.
16.4 JOINT AND SEVERAL LIABILITY
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
16.5 ASSIGNMENT
A party cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party.
16.6 COSTS
Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.
16.7 ENTIRE AGREEMENT
This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.
16.8 INTERPRETATION
(a) (singular and plural) words in the singular includes the plural (and vice versa);
(c) (gender) words indicating a gender includes the corresponding words of any other gender;
(d) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(e) (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(f) (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(g) (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;
(h) (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;
(i) (headings) headings and words in bold type are for convenience only and do not affect interpretation;
(j) (includes) the word “includes” and similar words in any form is not a word of limitation; and
(k) (adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.
