Terms & Conditions
Terms And Conditions Of Supply
Please read these Terms and Conditions of supply carefully. They are the terms on which you may purchase products from. You should keep a copy of these Conditions for your future reference.
1. About Us
EarthKind website is operated by or on behalf of Tony Maleedy Hair Ltd. We are a limited liability company registered in England and Wales under company number 09843517 and have our registered office at Tony Maleedy Hair, c/o Promotional Handling Ltd, Dragon Works Ind Est, Henfaes Lane, Welshpool, Powys, SY21 7BE, United Kingdom.
Our VAT number is GB 250669496
2. Our Products
The products on our site and order line are directed at consumer customers in the UK Mainland (England, Wales and Scotland). If you are a business customer, please see Condition 17 below. If you access our site or order our products from other places, you are responsible for compliance with your local laws.
3. About You
3.1 By ordering products you warrant (or promise) that:
• You are at least 18 years of age or have the permission of your parent or guardian to make a purchase.
• You are ordering products for private use (and not for a business).
• You have provided honest and accurate information about yourself, and the payment card or account you are using is your own.
4. Contract Information
Our contract with you will be created in accordance with the following steps. All Contracts are concluded in the English language.
4.1 Order and Payment
(a) You select the products you want to buy and place your order, either on-line on our site or by telephone. We do not accept orders by email or post.
(b) You can check and make changes to your order right up until it is placed.
(c) We will take payment for your order when it is placed. If we reject your order at a later stage we will give you a refund.
(d) Your order is not binding on us until we have formally accepted it (see below).
4.2 Order Confirmation (on-line orders only)
If you place your order on-line we will send you an email to confirm receipt of your order. This is not our acceptance of your order, just an acknowledgement that we have received it.
4.3 Order Acceptance/Rejection
(a) Our systems will automatically reject (prevent you from placing) your order if the products you want are out of stock, if we are unable to process your payment, or if you do not provide the information we need to process your order.
(b) Even if our system allows you to place your order, we still need to carry out security checks and make sure that the products you ordered are available for dispatch, so your order still needs to be formally accepted (we call this our ‘Order Acceptance’). We give Order Acceptance in the following ways:
Telephone Orders: You can rely on our over-the-phone acceptance as our Order Acceptance, but we reserve the right to subsequently reject your order if our security checks reveal a problem or if the products are not available for dispatch. We will call you (usually within two (2) working days) if we need to reject your order for these reasons.
On-line Orders: If our product availability and security checks are successful, we will send you a dispatch confirmation email. This is our Order Acceptance. If our product availability and security checks reveal any problems with your order we will call or email you (usually within two (2) working days) to reject your order.
Working days are Mondays to Fridays excluding public holidays.
(c) We reserve the right to accept or reject the whole or any part of your order at our discretion. If our Order Acceptance only includes part of your order, then the rest of your order is deemed to have been rejected (although you may be able to re-order the rejected items at a later date).
(d) If we reject your order in whole or in part we will give you a full refund of the price paid by you for the order (or the rejected part of it). Details of how we make refunds appear below.
(e) We will file a copy of your order and our payment processor will keep a record of your payment details on our behalf.
5. Changing Your Order
If you want to change your order after it has been placed, you should Contact Us. We cannot guarantee that we will be able to make any requested change, and do not have any obligation to do so. This does not affect your right to cancel your order under Condition 11 if you change your mind.
6.1 We will deliver to the UK Mainland or Scottish Islands delivery address specified on your order and confirmed in our Order Acceptance. We are unable to accept changes to the delivery address. It is your responsibility to make sure that someone is available to receive delivery and sign for items that require signature on delivery. We are not able to deliver to PO boxes, or to addresses that are outside the UK Mainland or Scottish Islands.
6.2 Our typical delivery times and prices (subject to Order Acceptance) are:
(a) Standard Delivery – 3-5 working days from date of order.
(b) Express Delivery – next working day for orders placed before 12.00 noon on a working day, second working day after day of order for orders placed after 12.00 noon or on a non-working day.
(A signature is required for express delivery. Working days are Mondays to Fridays excluding public holidays.)
6.3 Delivery times are approximate. Deliveries to the Scottish Highlands and Islands and other more remote areas may take longer. We reserve the right to divide your order between different packages and to deliver in instalments.
6.4 If your order does not arrive within our typical delivery times, please allow a further seven (7) days (for standard delivery) or three (3) days (for express delivery) before contacting us to report a late delivery.
7. Risk and Title
7.1 We will be responsible for the products before they are delivered, but once they have been delivered they are at your risk. This means that you are responsible for taking good care of them and for ensuring that they are not lost, stolen or damaged.
7.2 You will become the owner of the products once you have paid for them in full and they have been delivered to you.
8. Intellectual Property Rights
Your purchase of products does not give you any rights in the trade marks, copyright, patents, design rights or other intellectual property rights in the products or their packaging or user leaflets. These intellectual property rights belong to us at all times, and you may not use them for any purpose.
9. Prices And Product Information
9.1 Subject to Condition 9.2, the price of the products will be the price quoted by us on our site or over the telephone when you place your order.
9.2 Despite our best efforts it is always possible that some products may be incorrectly priced. We will normally verify prices as part of our order approval process so that:
(a) if a product’s correct price at the time of order is less than our stated price, we will refund the excess charge made to you; and
(b) if a product’s correct price at the time of order is higher than our stated price, we will contact you to see if you want to cancel your order or proceed with it at the higher price.
We reserve the right to correct at any time any obvious errors in price that could reasonably have been spotted as a mistake.
9.3 If we make any special offers or promotions, we reserve the right to withdraw them at any time and without notice.
9.4 We take care to ensure that the product descriptions on our site are clear and accurate, but we may make changes without prior notice if we spot any errors.
9.5 We cannot guarantee that colours, packaging or product appearance will be exactly the same as on our site. You can exercise your right to cancel under Condition 11 if there is any variation in colour, packaging or appearance that you do not like.
10. Payment, Promotions, Refunds And Exchanges
10.1 Payment must be made in full at time of order by credit card, debit card, or other accepted payment method. We do not accept payment by cash or cheque. We use a third party service provider to conduct payment processing and to carry out security checks on our behalf.
10.2 If you have a promotional code, you must enter it before you check-out. We regret that we cannot apply promotional codes to orders that have already been placed. Promotional codes may be subject to their own terms and conditions that will apply in addition to these Conditions. Failure to comply with promotional code terms and conditions may invalidate your participation in the promotion and mean that you have to pay the full price for the products you purchased under the promotion.
10.3 Refunds are typically made by the payment method you used when ordering (e.g. a refund to your credit card). We reserve the right to issue you with a personal cheque if your credit/debit card has expired or if we are otherwise unable to make the refund to it. In the interests of fraud prevention, we do not make refunds to third parties or to other cards or accounts.
10.4 We do not offer a direct exchange service. If you want to make an exchange, you should cancel and return your original order under Condition 11 and place a new order. Please contact us if you have any questions about this process.
11. Cancellation Rights (Returns Policy)
11.1 You have a period of fourteen (14) days starting on the day after you take delivery of your products in which to cancel your order and return any unwanted items provided that the products you return are in the same condition in which they were delivered to you (i.e. have not been used or taken out of sealed packaging). This period includes the seven (7) day ‘cooling off period’ available to you under the Distance Selling Regulations.
11.2 You may exercise your right by contacting us in writing through our Contact Us page or write to us at Tony Maleedy Hair, c/o Promotional Handling Ltd, Dragon Works Ind Est, Henfaes Lane, Welshpool, Powys, SY21 7BE, United Kingdom
11.3 You must take reasonable care of any items that you want to return and must send them back to us at your own risk and expense. You may like to use a recorded delivery service to ensure that items arrive safely. This is particularly recommended for higher value items.
11.4 We will give a full refund of the price you paid for items that are returned under Condition 11.1 within thirty (30) days. This refund will include our delivery charge unless the returned items were delivered to you with other products that you have not returned. We cannot refund the costs of any associated pre-delivery service such as gift-wrapping. If we delivered the returned items to you in error, we will cover the reasonable return postage costs (and may provide you with a pre-paid return label for this purpose). We reserve the right to deduct our reasonable direct costs of recovering products that you fail to send back under Condition 11.3 from any refund that we may give. We may be entitled to claim compensation from you if you fail to take care of the products before returning them to us.
11.5 In the unlikely event that you receive items that you did not order, or that are damaged or defective, or that are not in the quantity you ordered, you should contact us at our Contact Us page. We will provide you with details of how to return the products concerned. We will take back (at our cost) any items delivered in error and, at our option, refund or make-up any shortfall and refund or replace any damaged or defective items. Please note that we do not replace or refund products that are not defective, but have simply suffered fair wear and tear or if you are sensitive to any of the ingredients.
11.6 The above rights of return do not affect your statutory rights in relation to any problem with your order or the products you receive.
12. Our Cancellation Rights
12.1 We reserve the right to cancel your order at any time if you fail to pay for your products in full, if we know or have reasonable grounds to believe that you have not complied with Condition 3 above, if you otherwise breach (or break) the Contract or if we are unable to fulfil your order within a reasonable time because of circumstances that are outside our reasonable control.
12.2 If we exercise this right, our only liability to you will be to refund any sums you have already paid for the cancelled order.
13. Our Liability
13.1 We do not exclude or limit our liability for death or personal injury caused by our (or our employees’, agents’ or subcontractors’) negligence, for fraudulent misrepresentation, for any liability that we may have under section 2(3) of the Consumer Protection Act 1987 or for any other liability that may not lawfully be limited or excluded. The rest of this Condition 13 and our Contract with you is to be read accordingly.
13.2 If we are negligent, breach our Contract with you or otherwise fail to comply with our legal obligations, our liability is limited to the losses that you suffer that are a reasonably foreseeable consequence of our negligence, breach or failure.
13.3 As the products on our site and order line are directed at consumer customers, we do not accept liability for business losses (such as loss of profits, business, anticipated savings or goodwill) or losses suffered by anyone other than you.
13.4 We will not be liable for any failure or delay in the performance of our obligations caused by events outside our reasonable control, such as natural disasters, fire, flood, disease, war, terrorism, strikes, emergency laws or problems with power supplies, the internet, telecommunications or transport systems. If such an event occurs we will use reasonable endeavours to overcome its effects as soon as we can. If it delays your order for more than thirty (30) days, you may cancel your order (or the affected part) for a full refund. Please Contact Us to do this.
14. Communications And Notices
14.1 The law requires that some of the information and communications we send to you are in writing. By ordering on our site, you accept that we will contact you and provide information by email and by posting notices on our site. We may also contact you by post if you ordered on-line or by telephone.
14.2 Formal notices must be given in writing, by post or email. You should send notices to us at the addresses given on our Contact Us page or on the paperwork that you receive from us with your order. We will send notices to you at the postal or email address you provide when you place your order. We may also give general notices (such as changes to our terms and conditions) by posting them on our site.
14.3 Notice will be deemed received immediately when posted on our site, twenty-four (24) hours after an e-mail is sent, or three (3) days after a letter is posted.
15. General Provisions
15.1 You may not assign (transfer) our Contract (or any of your rights or obligations under it) to anyone else. We may assign our Contract (or any of our rights and obligations under it) to any of our group companies or to anyone who acquires the whole or the relevant part of our business. We may subcontract the performance of the whole or any part of our Contract.
15.2 Our Contract contains all the terms agreed between you and us in relation to the supply and purchase of products. If, in ordering products, you relied upon anything that does not appear in the Contract, you should tell us straight away so that we can clarify what has been agreed.
15.3 We may make changes to these Conditions at any time. Changes will have effect from the time they are first posted on our site and will apply to orders placed after that time. You should check these Conditions each time you place an order.
15.4 If at any time either of us chooses not to enforce any right or remedy that we have, we will not be deemed to have waived that right or remedy unless we confirm in writing that we have done so.
15.5 If a court decides that any part of these Conditions or any other part of the Contract is illegal or unenforceable, that part will be severed and deleted and the rest will remain in force.
15.6 These Conditions and the Contract are governed by the laws of England and Wales and disputes in connection with it are subject to the exclusive jurisdiction of the English and Welsh courts. If you are a consumer living in Scotland you may rely upon your local laws and courts.
16. Statutory Rights
These conditions do not affect your statutory rights as a consumer.
17. Business Customers
Our on-line and telephone order facilities are provided for consumer customers buying products for private (non-business) use. If you wish to purchase products for resale or other business use you should Contact Us to get a copy of our standard terms and conditions for business customers (our ‘business terms’). By ordering products for resale or other business use you agree that our business terms apply to your order and take precedence over these Conditions in the event of a conflict.
18. Discount Codes
18.1 Discount codes cannot be applied to previously placed orders.
18.2 Discount codes that offer a percentage off cannot be combined with other percentage off discount codes unless stated.
18.3 Discount codes are not transferable or redeemable for cash or credit.
18. 4 To apply a discount code, you must enter it prior to completing the order.
Please contact us at our Contact Us page if you have any questions about these Conditions.