These Terms will apply to any contract between us for the sale of Services or Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Services or Products from Our Site. Your attention is particularly drawn to clause 22.
Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Services or Products from Our Site.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time. Every time you wish to use our Services or order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 30/10/19.
These Terms, and any Contract between us, are only in the English language.
1. Information about us and how to contact us
- 1.1 We operate Our Site nailandbeautyexcellence.com. We are Nail and Beauty Limited, a company registered in England and Wales under company number 12028916 and with our registered office at 2 Scuttington Oast, Dully Road, Tonge, Sittingbourne, ME9 9PA. Our trading address is 2 Scuttington Oast, Dully Road, Tonge, Sittingbourne, ME9 9PA. Our VAT number is 326673879.
- 1.2 You may contact us by e-mailing us at [email protected] If you wish to give us formal notice of any matter in accordance with these Terms, please see clause 3.
- 1.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
2. Use of Our Site
Your use of Our Site is governed by our terms of website use. Please take the time to read our terms of website use as they include important terms which apply to you.
3. How we use your personal information
4. Your status
- 4.1 We only provide our Services and Products to:
- 4.1.1 qualified, professional nail technicians in the course of their businesses; or
- 4.1.2 those who intend to become qualified, professional nail technicians and use the skills learnt in the course of their businesses, and by placing an order on Our Site you confirm that you meet these requirements.
- 4.2 If you are an individual, and clause 1 does not apply to you, then you are deemed to be a consumer and you may not order any Services or Products from Our Site.
- 4.3 If you are not yet a qualified, professional nail technician then you may not order any Services or Products from Our Site other than our beginners’ courses and the Products supplied to use in them.
- 4.4 If you are placing an order on your own behalf as a sole trader you must be at least 16 years old. If you are placing an order on behalf of a partnership, company or LLP you confirm that you have authority to bind that business.
- 5.1 Before you can order Services or Products from us you need to register your details with us to set up your account area on Our Site and create your log in. You must keep your password confidential and must not pass your log-in details to anyone else. We may require you to change your password at any time.
- 5.2 You are responsible for any unauthorised access to, or use of, your log-in details and account and, in the event of any such unauthorised access or use, must promptly notify us at [email protected].
- 5.3 You must ensure that the details provided by you on registration correct and complete and are kept up to date. Your account must be registered with a valid personal email address that you access regularly and we may require you to validate your email address from time to time.
- 5.4 We have the right to suspend or disable your account and terminate any Contract with you if we reasonably believe:
- 5.4.1 you have registered multiple accounts or are otherwise trying to hide your true identity;
- 5.4.2 your account is registered with someone else’s email address or a temporary email addresses;
- 5.4.3 you are using proxy internet protocol addresses to hide the use of multiple accounts or to disrupt Our Site or Services;
- 5.4.4 you are otherwise disrupting Our Site or Services;
- 5.4.5 you are abusive towards us or any of our staff;
- 5.4.6 you are abusive to or are annoying other users of our Services;
- 5.4.7 you have breached these Terms and/or our terms of website use; or
- 5.4.8 you have done anything referred to in clauses 4.1 – 5.4.7 in the past.
- 5.5 You may cancel your registration at any time by giving us notice in writing. We do not provide refunds in these circumstances. Once your registration has been cancelled you may not use any of our Services or order any Products unless you re-register with us.
6. How the Contract is formed between you and us
- 6.1 Our Site pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
- 6.2 These Terms and the documents referred to in them constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to their subject matter.
- 6.3 You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document referred to in them.
- 6.4 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted.
- 6.5 How we show we have accepted your order will depend on the type of Services or Products you have ordered from us. Please see clause 13.2 (online training courses), 14.2 (in person training courses) or 18.2 (Products) (as applicable) for details of when the Contract is formed between you and us.
7. Prices and how to pay
- 7.1 The prices of the Services and Products will be as quoted on Our Site at the time you submit your order.
- 7.2 Prices for our Services and Products may change from time to time, but subject to clause 4, changes will not affect any order you have already placed.
- 7.3 Our prices include VAT (where applicable) at the applicable current rate chargeable in the UK for the time being.
- 7.4 You can only pay for our Services and Products using PayPal. WorldPay or such other payment method as we may offer from time to time. Any refunds given will be made via the original method of payment.
- 7.5 Payment for our Services and Products and all applicable delivery charges is at the time of placing your order.
- 7.6 Discount and/or promotional codes offered are subject to the terms and valid for the period stated on them. Only one code may be used per order and they cannot be in conjunction with any other offer. We reserve the right to withdraw a code at any time.
8. Training courses
- 8.1 We offer both online and in person training courses and the details of our courses are as described on Our Site.
- 8.2 Please read the descriptions of our courses carefully before you place an order as you are responsible for making sure that they are suitable for your needs. Our courses are accredited in the UK, but accreditation varies from country to country and you should make enquiries of the relevant governing body to ensure that our courses are recognised where you work.
- 8.3 For us to assess your work on any course other than a beginners course, you must provide us with proof of your status as a qualified professional lash technician by producing evidence of your qualifications, certification, licence and/or evidence of work in the lash industry (as may be applicable in the country in which you work).
- 8.4 If you do not provide the evidence set out in clause 3 to our satisfaction we will not assess your work (if an online training course) or let you take part in the course (if an in person course).
- 8.5 We do not offer refunds in the event you have chosen an unsuitable course, fail to provide us with the evidence set out in clause 3 or choose not to take part in the course you have booked.
9. Online training courses
- 9.1 Submitting an order for an online training course is an offer by you to enter into a Contract with us for the provision of Services which we are free to accept or decline at our discretion.
- 9.2 If we accept your order then we will make the relevant online training course available to you through your account area of Our Site. The Contract between us will only be formed when we do this.
- 9.3 If we do not accept your order then we will notify you by email, refund any payment you have made and your access to the course will cease.
- 9.4 If you choose to purchase our courses on a per chapter basis you must complete the chapters in order and you cannot access a chapter until the previous chapters have been completed to our satisfaction.
- 9.5 We provide customer support 9:00am – 5:00pm UK time if you have any difficulties accessing, using or operating our online training courses (other than problems with your own computer hardware, software, operating system or internet access). Please email [email protected] if you need help.
- 9.6 Once you have purchased an online course, you agree to waive your cancellation rights as you have immediate access to the content. We cannot transfer courses.
- 9.7 We may:
- 9.7.1 update or remove any content from our online training courses at our absolute discretion without any liability to you;
- 9.7.2 carry out maintenance on our online training courses at any time and you confirm you understand that there may be times that our online training courses are unavailable; and/or
- 9.7.3 decide to stop providing our online training courses completely and terminate the Contract.
- 9.8 If you breach these Terms or our terms of website use we may suspend your access to our online training courses and/or terminate the Contract.
- 9.9 In the event we terminate the Contract we shall refund any course fees paid for the part of the course that has not been completed. If we terminate the Contract under clause 7 any reasonable expenses incurred by us as a result of your breach will be deducted from this refund.
10. In person training courses
- 10.1 Our Site will show you the dates and times available for you to select. Submitting an order for an in person training course is an offer by you to enter into a Contract with us for the provision of Services which we are free to accept or decline at our discretion.
- 10.2 If we accept your order then we will notify you by email and confirm the date and time of the course you have selected. The Contract between us will only be formed when we do this. Once a payment is made and accepted then it is non refundable.
- 10.3 If we do not accept your order then we will notify you by email and will refund any payment you have made.
- 10.4 Full payment is required 1 month prior to the training date.
- 10.5 You are required to provide your own models for in person training courses. Models must be patch tested, over the age of 16, have a good set of natural lashes and be able to lie still for up to three hours.
- 10.6 If you are unable to provide your own model you must let us know as soon as possible. If we are able to provide a suitable model we may do so on payment of an additional fee of £25. If it is not possible for us to provide a suitable model, or a model does not turn up for any reason, then a mannequin head will be provided instead.
- 10.7 You must comply with our instructions whilst taking part in a course. We reserve the right to stop a course and/or exclude you from it if, in our reasonable opinion, there is a risk:
- 10.7.1 to the health, safety or wellbeing of any person;
- 10.7.2 of damage to our equipment or the property where the course is taking place;
- 10.7.3 that a term of this agreement may be breached, and
- 10.7.4 there will be no refunds given in these circumstances.
15. Rescheduling an in person training course
- 11.1 If you need to reschedule an in person training course you must let us know as soon as possible in writing using the facility on Our Site.
- 11.2 Providing you notify us in accordance with clause 1 above 14 days or more before your course is due to take, place we will allow you to reschedule your course by selecting an alternative date and time from the available options shown on Our Site. You may only reschedule your course once.
- 11.3 We do not provide refunds in the event you fail to turn up to your course or if you cancel the course.
- 11.4 In the event that we are unable to provide a course we will contact you as soon as we can and give you the opportunity to reschedule it. If you choose not to reschedule the course then we will refund the course fees you paid. Please note that we will not refund any travel accommodation or other expenses that may have been incurred in relation to a cancelled course.
12. Our intellectual property in the Services
- 12.1 We are the owner or the licensee of all intellectual property rights in the Services including Our Site, LTT and the other the material published on it, the content of the private LTT chat group on Facebook, our online and in person training courses and the documentation provided as part of them (Our Content).
- 12.2 You may use the techniques and know-how you learn from Our Content whilst carrying out lash work on your own clients and you may also use the material on Our Site as set out in our terms of website use.You must not use Our Content in any other way without our prior written permission.
- 12.3 For the avoidance of doubt you must not (and must not assist or allow any other person to):
- 12.3.1 copy, reproduce, screen shot, scan, sell, publish, distribute, retransmit, archive, commercially exploit, create derivative works (either by electronic means or otherwise), or otherwise share Our Content;
- 12.3.2 provide access to Our Content to any other person; or
- 12.3.3 use Our Content to train any other person or offer training courses.
- 12.4 If we reasonably believe you are in breach of this clause 16 then in addition to any other rights or remedies we may have against you we may disable your account and/or terminate the Contract. Refunds are not provided in these circumstances.
- 12.5 We reserve the right to make changes to Our Content at any time.
- 13.1 The images of the Products on Our Site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
- 13.2 The packaging of the Products may vary from that shown on images on Our Site.
- 13.3 Products on Our Site are featured subject to availability and we may correct an error, change a Product’s description or withdraw any Product from sale at our discretion at any time.
14. Ordering Products
- 14.1 Submitting an order for Products is an offer by you to enter into a Contract with us which we are free to accept or decline at our discretion.
- 14.2 If we accept your order then we start to deliver the Products to you. The Contract between us will only be formed when we do this.
- 14.3 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on Our Site as referred to in clause 4, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
- 14.4 Our Site contains a large number of Products. It is always possible that, despite our efforts, some of the Products on Our Site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you in writing to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. If we mistakenly 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 cancel supply of the Product and refund you any sums you have paid.
- 19.1 The price of a Product does not include delivery charges. Our delivery charges will be advised to you during the check-out process, before you confirm your order, and will vary depending on the delivery location.
- 19.2 We will contact you with an estimated delivery date for your Products when we email you to acknowledge your order. Please check your spam folder for this as it will come directly from our courier. Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 23 for our responsibilities when this happens.
- 19.3 Time shall not be of the essence for the delivery of the Products.
- 19.4 If our courier is unable to deliver your order a note will be left informing you of how to rearrange delivery or collect the Products.
- 19.5 If you do not take delivery of the Products or supply adequate delivery instructions we may cancel your order and retain the Products. If we do this we will refund the price of the Products to you, less any delivery charges.
- 19.6 Delivery shall be completed when we deliver the Products to the address you gave us and the Products will be your responsibility from that time.
- 19.7 You own the Products once we have received payment in full, including all applicable delivery charges, and the Products have been delivered.
20. International delivery
- 20.1 If you order Products from Our Site for international delivery your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
- 20.2 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
- 20.3 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
21. Our warranty and return policy
- 21.1 We provide a warranty that:
- 21.1.1 we have the right to provide the Services;
- 21.1.2 we shall provide the Services with reasonable care and skill; and
- 21.1.3 on delivery the Products shall be free from material defects.
- 21.2 If there is an error with your order or you receive damaged or defective Products, you must notify us in writing within seven days of the delivery date. Providing you have notified us within this time we shall contact you to discuss the problem and provide you with replacement Products if this is possible, on return of the faulty product (Postage costs will be reimbursed if you send us a copy of your postal receipt). If we are unable to provide you with replacement Products then we may, at our option, refund the price of the Products to you, providing you return the rejected Products to us.
- 21.3 In addition to your rights under clause 2, you may cancel your order for Products by notifying us in writing within fourteen days of the delivery date. If you choose to do this you must notify us via email, then return the Products to us at your expense unopened, in their original packaging and in perfect condition by recorded delivery. The notification should state your order number and state the reason for cancellation. Providing you comply with this clause, on receipt of your returned Products we shall provide you with a credit note for the price of the Products less any delivery charges. Credit notes are valid for one year from the date of issue and may only be used towards the purchase of other Products from us.
22. Our liability to you
- 22.1 Nothing in these Terms limits or excludes our liability for:
- 22.1.1 death or personal injury caused by our negligence;
- 22.1.2 fraud or fraudulent misrepresentation;
- 22.1.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
- 22.1.4 any other matter for which it would be illegal, invalid or unenforceable to exclude or limit our liability for.
- 22.2 Other than our beginners courses we only provide our Services and Products to qualified, professional lash technicians. Subject to clause 1, we take no responsibility for any loss arising if you use our Services or Products and are not suitably qualified and experienced.
- 22.3 The techniques and know-how shown and taught within in Our Content, when followed correctly, demonstrate safe application of eyelash extensions. As with any such treatment, there are inherent risks and it is your responsibility to be fully aware of these risks and explain them in full to your clients prior to any treatment being performed. Subject to clause 1, we take no responsibility for your actions while performing lash treatments, or for any injury or discomfort caused to any person, whether temporary or permanent.
- 22.4 Subject to clause 1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
- 22.4.1 any loss of profits, sales, business, or revenue;
- 22.4.2 loss or corruption of data, information or software;
- 22.4.3 loss of business opportunity;
- 22.4.4 loss of anticipated savings;
- 22.4.5 loss of goodwill; or
- 22.4.6 any indirect or consequential loss.
- 22.5 Subject to clause 1, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price you have paid for the Services or Products.
- 22.6 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Services or Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Services or Products are suitable for your purposes.
23. Events Outside Our Control
- 23.1 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, 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, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
- 23.2 We 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 an Event Outside Our Control.
- 23.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
- 23.3.1 we will contact you as soon as reasonably possible to notify you; and
- 23.3.2 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
24. Coupon/discount Codes
- 24.1 Coupon/discount codes cannot be used in conjunction with any other offer or promotion
- 24.2 We are unable to backdate coupon/discount codes if not used at time of payment
- 24.3 Nail and Beauty Excellence reserve the right to remove offers at any time and they are non transferable.
- 24.4 Coupon/discount codes for courses are only applicable when the course is purchased in full in one transaction
- 24.5 Coupon/discount codes will be calculated before VAT (if applicable) and postage costs
25.Communications between us
- 25.1 When we refer, in these Terms, to “in writing”, this will include e-mail.
- 25.2 Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail.
- 25.3 A notice or other communication shall be deemed to have been received: if delivered personally, when left at our trading address; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second business day after posting or if sent by e-mail, one business day after transmission.
- 25.4 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 e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
- 25.5 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
26. Other important terms
- 26.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will try to notify you in writing or by posting on Our Site if this happens.
- 26.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
- 26.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
- 26.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
- 26.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
- 26.6 A Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
- 26.7 You and we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).