Stitch Fix UK Ltd is a company registered in England and Wales under registration number 11270211 (“Stitch Fix”, “we”, “us”, or “our”). Our registered address is 125 Wood Street, London, United Kingdom, EC2V 7AW and our registered VAT number is 294546858.
Stitch Fix is a fashion retailer that blends expert styling, proprietary technology and unique products to deliver an easy, enjoyable, personalised shopping experience. We offer a service that gives you access to clothing and accessories (”Products”) from established and up-and-coming brands.
For the purposes of these Terms “Stitch Fix”, “we”, “our” or “us” refers to Stitch Fix UK Ltd, its successors, assigns and affiliates. When we use the words “writing” or “written”, this includes email.
If you have any questions or complaints about the Services, Products or these Terms, you can contact us at firstname.lastname@example.org.
1. Customer Obligations
Please read these Terms carefully. By using the Site or the App, creating an Account, or submitting an order for a shipment of Products (a “Fix”) (collectively the “Services”) or otherwise indicating your assent to these Terms, you confirm that:
- you are aged 18 or over;
- you are a UK consumer;
- you have read, understand, and agree to these Terms; and
- you have the authority to enter into the Terms.
If you do not wish to be bound by these Terms, you may not access or use the Services.
The Site and the App are intended for use only by those who can access it from within the UK. If you choose to access the Site or the App from locations outside the UK, you are responsible for compliance with local laws where they are applicable.
These Terms refer to the following additional terms, which also apply to your use of our Services:
- our Returns Policy: https://support.stitchfix.co.uk/hc/en-gb/articles/360019967373-Returns; and
- our Privacy and Cookies Policy: https://www.stitchfix.co.uk/privacy and https://www.stitchfix.co.uk/cookie-info.
2. Changes to these Terms
We may need to amend these Terms from time to time to reflect changes to our Products, Services, users‘ needs, or business priorities. For existing users of the Services, we will give you thirty (30) calendar days‘ notice of any changes to our Terms by posting the new Terms here: www.stitchfix.co.uk/terms and updating the ”Last Updated” date below. At our discretion, we may also notify you of certain changes by sending you an email to the email address associated with your Account (as defined below). You are responsible for providing us with your current email address, which you may do when you create an Account, and you may update it by modifying the information when logged into your Account.
If you use the Services during the notice period the changes will not apply. After the notice period has expired, if you do not agree to the changes you may not access the Site or the App or use the Services. Continued use of the Site, the App, or the Services, including purchasing Products from us, will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
For new users of the Services, changes will be effective immediately. Please regularly check www.stitchfix.co.uk/terms to view the then-current Terms.
3. Types of Users
You may simply browse the Site or App as a visitor or you may create an account (“Account”) to become a client (“Client”). You must be a Client to make an order for a Fix.
To become a Client and to create an Account, you must provide your name, email address, other registration information, and select a password (“Account Information”). We will also ask you for additional information about your size, fit, style preferences, and other information in order to establish your style profile (“Style Profile”). Please keep your Style Profile up to date so that we can best serve you. While Stitch Fix makes every effort to follow the Style Profile and price preferences you express in your Account to create your Fix, we do not guarantee that all of the Products will comply with those preferences.
You can also create an Account and become a Client using your valid social networking service (“SNS”) account, by entering your SNS credentials and connecting to the Services.
If you create an Account you agree that you are solely responsible for:
- the accuracy of the Account Information;
- all costs and expenses you may incur in relation to your use of the Services; and
- keeping your Account Information confidential.
You should not share your Account Information with any third parties. You are solely responsible for any and all use of your Account Information and all activities (including orders placed through the Services) that occur under or in connection with your Account. You may not use anyone else‘s Account at any time without the permission of the Account holder. You agree not to register for more than one Account, register for an Account on behalf of someone else without that individual‘s authorisation, or register for an Account on behalf of any group or entity. We have the right to preserve the security of the Services and your Account, including changing your password, requesting additional information to authorise transactions on your Account or disabling your Account at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms. If you know or suspect that anyone other than you knows your Account Information, you must promptly notify us at email@example.com.
We have created interfaces that allow you to connect with SNS accounts, such as Facebook or Google, through the Services. By granting us access to your SNS account, you understand that we may, subject to your privacy settings, access, make available, and store any information that you have made available to us by your SNS account (“SNS Content”) accessible through the Services so that it is available on your Account. Unless otherwise specified in the Terms, all SNS Content will be deemed Your Content (as defined below) for all purposes of the Terms.
5. Orders, Scheduling and Delivery
Ordering. We offer styling services for clothing and accessories that are usually delivered to you by way of a Fix. You can submit a request to buy our styling services and delivery of a Fix through our Services. We will confirm receipt of this request by email. If we accept your request, a fee (the “Styling Fee”) will be charged against your Account for our styling services.
If we cannot accept your Order. If for any reason we decline your request, we will attempt to notify you at the email address on your Account and will not charge you the Styling Fee. We may not be able to accept your request because of unexpected limits on our resources which we could not reasonably plan for, because we are unable to meet a delivery deadline you have specified, your billing information is not correct or not verified, you are under 18 years of age, you are not a consumer, or your request is flagged by our security systems as unusual or susceptible to fraud.
Data check. When you send us a request for a Fix, our payment processing provider or a third party service provider may run some checks on it before we accept it. These checks may include verifying your address and checking for potential fraud.
Scheduling. When you place an order, you will be prompted to schedule when you wish your Fix to arrive. At that time, you may also schedule regular Fixes to be automatically dispatched, or you may do so later through your Account settings. Please note that available ship dates are determined at our discretion and may vary based on a variety of factors including, but not limited to, inventory, geography, and automatic shipping preference.
Direct Purchases. You may be able to select Products to be delivered separately from a Fix. Such purchases shall be referred to herein as “Direct Purchases.” To place an order for a Direct Purchase, you will be required to follow the purchase process on the Services to submit the order, which we may accept by shipping you the Products.
Dispatch. We will let you know when we have dispatched the Products to you. Where you have requested a Fix to be delivered automatically on a regular basis, you may change the scheduled date for your Fix if you give us notice via the options presented when you log in to your Account at least eleven (11) days before the Products are due to be dispatched.
Delivery. The Products will be delivered to the address you have specified in your Order. It may not be possible to ship to an address if, for example, it is outside of the United Kingdom. If no one is available at your address to take delivery, our shipping provider will either contact you informing you how to rearrange delivery or will leave you a note with this information. If you do not rearrange delivery we will contact you for further instructions and may charge you for any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or rearrange delivery we may end the contract.
Upon delivery, please inspect the packaging for damage. If it appears that the Products are damaged, please notify us at firstname.lastname@example.org.
Responsibility for the Products and ownership. You will be responsible for the Products (including Direct Purchases) from the time that you receive them. We remain the owners of the Products until we have received full payment for the Products, at which point you will own those Products.
6. Free Home Trial Process
Free home trial Products. If your order a Fix, we will send you some Products that we have chosen based upon your Style Profile. We suggest you try them on as soon as possible. We offer a free 3-day home trial of the Products from when you receive the Fix (the “Try-on Period”). You can decide to keep all, some, or none of the Products.
Returning free home trial Products. If you wish to send back any of the Products in your Fix, simply place them in the return package we provide and mail them back to us at no cost to you. Any Products sent back must be postmarked before the end of the Try-on Period. If we have not heard from you by the end of the Try-on Period, we will assume that you have chosen to keep the Products in the Fix. We may charge your Account for the value of those Products. You may ask for an extension of the Try-on Period through your Account. If you decide to send back the Products in the next few days or have already put them in the post, please do not worry, we will refund you the amount once we receive the Products.
All returned Products must be unworn and in the original condition with labels attached. If a returned Product is damaged or shows signs of wear, we may charge you for the Product.
You may request new return packaging to be sent to you if you no longer have the original one we sent by emailing email@example.com.
We do not show the prices of the Products in a Fix until you receive a Fix. Prices of the Products are indicated on the pack slip included with your Products and online in your Account on the check-out page. Prices include VAT (where applicable).
It is always possible that, despite our reasonable efforts, some of the Products may be incorrectly priced. If the Product‘s correct price is higher than the price stated to you in the Fix, we will contact you for your instructions before we take payment. If we take payment 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 payments made and require you to return the relevant Products.
Payment of Styling Fee. When we confirm your order for a Fix in accordance with section 5 of these Terms, we will charge the Styling Fee to the payment details submitted in your Account. We accept major debit and credit cards, such as Visa, Mastercard and American Express. We do not accept any other method of payment unless expressly specified on the check-out page. If the rate of VAT changes between when you place your order and when you pay, the rate of VAT applicable at the date of payment shall apply.
If you choose to keep Products from your Fix, the Styling Fee will be credited towards the purchase price of those Products. If you have credit in your Account at the time of processing the Styling Fee or paying for Products, the credit will be applied before we charge you.
By submitting your payment details to your Account, you authorise us to charge your card or other payment method in accordance with these Terms.
Automatic scheduling of Fixes. If you schedule regular Fixes to be automatically dispatched, you understand and agree that the Styling Fee will be charged against the payment details registered with your Account on a recurring basis according to the frequency you have selected. Cancellation of automatic Fixes can be done by: (i) clicking the ”Manage automatic Fixes” link on your Account homepage when you log in, choosing to stop receiving automatic Fixes, and following the prompts and options that follow; or (ii) by emailing us at firstname.lastname@example.org stating that you want to stop receiving automatic Fixes from the email address then currently associated with your Account.
Where you have requested automatic scheduling of Fixes, you may amend the delivery date or cancel an upcoming Fix by accessing your Account and amending such date or cancelling the Fix at any time at least eleven (11) days before the Fix is due to be dispatched.
Payment authorisation. You must have all necessary authorisations to make a payment. We will not be liable in the event your children or someone acting with or without your permission makes an order using your Account; however, you may report any unauthorised use to us, and we will use reasonable measures within our control to help prevent future unauthorised use of your Account.
9. Cancellation, Refunds and Exchanges
Cancellation of the styling services. You may cancel your request for styling services (without a reason) within 14 days and receive a refund of the Styling Fee unless we have already begun the styling services. If you wish to cancel before the styling services have been completed, please notify us as soon as you can at email@example.com. Unfortunately, we are not able to refund the Styling Fee where the styling services have already been completed, even if this is within 14 days of your request for the styling services.
Returning Products after purchase. If you have decided to keep any Products or we have charged you for Products as you have kept them for longer than the Try-on Period, you can return them to us for a full refund as long as you return them to us within 30 days of the checkout date, or in the event of Direct Purchases, within 30 days of receipt of the Products (“Return Date”). More details on returns are available here: https://support.stitchfix.co.uk/hc/en-gb/articles/360019967373-Returns.
All returned Products must be unworn and in the original condition with labels attached, and, in the case of items such as swimwear or earrings, with any protective cover or backing still on the Product. If a returned Product is damaged or shows signs of wear, we may charge you for the Product.
If you wish to return the Products, please notify us at firstname.lastname@example.org.
Exchange of Products. If you would like to exchange any of the Products received in a Fix (e.g., for a different size), you can request an exchange by accessing your Account and proceeding through the check-out flow for your order. We will let you know if an exchange is available. To make an exchange, you must first return the original Product in the prepaid return package. (If you have lost the return package, just send us an email at email@example.com and we’ll send you a new one.) Unfortunately, we cannot guarantee that you will be able to exchange or replace any item. If you want to exchange any item not received in a Fix please contact us and we will look into the availability of a new product.
We will then deliver the exchanged item, either separately or, if possible, with your next Fix.
If you fail to send us the original Product by the Return Date or if the original Product is damaged or shows signs of wear, we may charge you for the original Product.
10. Referral Credits
Clients who invite their friends and family to Stitch Fix may participate in the Stitch Fix referral program (the “Program”). Program participants can receive credit for referrals to use towards future purchases (a “Referral Credit”). The amount of Referral Credit awarded is specified on our Referral Program FAQ page available at www.stitchfix.co.uk/client/referrals and may vary from time to time, at Stitch Fix‘s sole discretion
Reward Criteria. In order to qualify for a Referral Credit, the referral must be a “Qualifying Referral” by complying with the following requirements:
- you must be a Client of the Services;
- you must share a unique referral link generated through your Account with your contact who has not previously used the Services;
- you must only invite people you know and who have consented to receive your message;
- you must disclose your relationship with Stitch Fix to your contact (e.g., ”if you place an order, I‘ll get a credit”);
- the referred person must register for the Services by directly clicking the unique link;
- the referred person must, within a 30 days of the date you send the unique link, order a Fix and meet the minimum spending requirements advised to you at the time the referred person orders a Fix (e.g. spending at least £15 with Stitch Fix); and
- such minimum spend must be met without contribution from a Stitch Fix Gift Card,
together the “Reward Criteria”.
Referral Credits will be logged in your Account promptly after the Qualifying Referral has been completed. You are responsible for notifying Stitch Fix if you believe the number of Referral Credits in your Account is incorrect.
Restrictions. Referral Credits can be accrued solely by you and you may not earn Referral Credits by:
- permitting another individual to use your Account;
- creating multiple Accounts;
- promoting your referral code through paid marketing, such as search engine or social media marketing (e.g., AdWords, Yahoo, Facebook);
- posting your unique referral link on any public forum or coupon site that where you are not the primary content owner (e.g., you may post your referral link on your personal Facebook page or tweet it from your personal Twitter account, but you may not post it on a site like RetailMeNot or Wikipedia); or
- upon prior notice of an amendment to these Terms, any other restriction we impose on participants in the Program.
The maximum amount of Referral Credits that a Client can receive in any calendar year is £1000. You are not able to redeem Referral Credits for cash.
If you are a paid Stitch Fix influencer you may not earn Referral Credits under the Program in the same calendar year that you receive payments from a Stitch Fix or a Stitch Fix affiliate marketing partner.
You agree and acknowledge that Referral Credits are not transferable. You may not obtain any cash or money in exchange for Referral Credits. You are responsible for notifying Stitch Fix if you believe the number of Referral Credits in your Account is incorrect.
Unless extended by Stitch Fix at its sole discretion, Referral Credits will automatically expire ninety (90) days from issuance.
We reserve the right to modify, suspend or terminate the Program and to void any Referral Credits upon 30 days’ notice to you by email and amending these Terms. All Referral Credits are voided immediately upon termination of this contract or of your Account.
11. Access to the Services
Open-Source Software. Certain software code incorporated into or distributed with the Services may be licensed by third parties under various ”open-source” or ”public-source” software licences (such as the GNU General Public Licence, the GNU Lesser General Public Licence, the Apache Licence, the Berkeley Software Distribution Licence, and the MIT Licence) (collectively, the “Open Source Software”). Notwithstanding anything to the contrary in these Terms, the Open Source Software is not licensed under these Terms and instead is separately licensed pursuant to the terms and conditions of their respective open-source software licences. You agree to comply with the terms and conditions of such open-source software licence agreements.
App Stores. With respect to any App accessed through or downloaded from the Apple App Store, Google Play Store or any similar store or marketplace (each an “App Store” and references to the App Store include the corporate entity and its subsidiaries making the App Store available to you), you agree to comply with all applicable third party terms of the App Store (the“Usage Rules”) when using the App. To the extent these Terms provide for usage rules that are less restrictive than or otherwise in conflict with the Usage Rules, the more restrictive term applies.
You acknowledge and agree that the availability of the App and the delivery of the Services is dependent on the third party from whom you received the App licence, e.g. the App Store. You acknowledge that these Terms are between you and us and not with the App Store. We, not the App Store, are solely responsible for the App and Services, the contents, maintenance, support services, and warranty, and addressing any claims relating thereto (e.g. product liability, legal compliance, or intellectual property rights infringement).
In order to use the App, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the App or Services. You agree to comply with, and your license to use the App is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store‘s terms and policies) when using the App or Services. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of these Terms and will have the right to enforce them.
12. Ownership of Intellectual Property
You understand and acknowledge that the software, code, and our proprietary methods and systems used to provide the Services (our “Technology”), in the Site and the App, and in the materials, information and content made available or published on them are owned by or licensed to us. All such rights are reserved. Intellectual property rights means rights such as copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world).
Nothing in these Terms grants you any legal rights in our Technology nor in the Site and the App other than as necessary to enable you to access the Services. You agree not to adjust to try to circumvent or delete any notices contained on the Site and the App (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within our Technology.
You may print off one copy, and may download extracts of any page(s) from the Site and the App only to the extent this is necessary for the purpose of placing an order with us, or for using the Site or the App as a shopping resource. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Stitch Fix‘s status as the owner, or licensee, of content on the Services must always be acknowledged. You must not use any part of the content on the Site or the App for commercial purposes without obtaining a licence to do so from Stitch Fix or (if applicable) our licensors. If you print off, copy or download any part of the Site or the App in breach of these general conditions, your right to use the Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
The content on our Site and the App is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Site or the App.
“Stitch Fix” and “Fix” are EU registered trade marks of Stitch Fix, Inc. Stitch Fix, Inc. is the holding company of Stitch Fix UK Ltd. You are not permitted to use our trade marks without our approval.
13. Content Guidelines
Please use good taste in any and all content, including text, links, images, and videos, you post (“Your Content”) to our Services, in our forums, comments to our blog, or on any other page or website related to Stitch Fix. We reserve the right, but do not undertake an obligation, to review Your Content, and to investigate and/or take appropriate action against you or Your Content in our sole discretion if you violate the guidelines below or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying Your Content, terminating your Account, and/or reporting you to law enforcement authorities.
You are solely responsible for Your Content. You assume all risks associated with use of Your Content. You understand that we do not guarantee any confidentiality with respect to Your Content. You may not represent or imply to others that Your Content is in any way provided, sponsored or endorsed by us. We are not obligated to back up Your Content, and Your Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of Your Content if you desire. We will not be liable for the deletion or accuracy of Your Content; the failure to store, transmit, or receive transmission of Your Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the Services. We reserve the right in our sole discretion to pre-screen, refuse, or remove Your Content at any time for any reason. Please make sure that you only provide information to the Services that you are allowed to share without violating any obligations you may have to a third party.
We do not claim any ownership of Your Content. By making available Your Content on or in the Services, you represent that you own or have all rights necessary to make available Your Content to us.
You hereby grant, and you represent and warrant that you have the right to grant, to us a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sub-licensable licence to licence, reproduce, distribute, modify, adapt, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use Your Content (in whole or in part) for the purposes of including Your Content in the Services and operating, providing and promoting the Services. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to Your Content.
14. General Rules of User Conduct
We do not guarantee that our Site or the App will be secure or free from software bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our Site and the App. You should use your own virus protection software. You must not misuse our Site or the App by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site or the App, the server on which our Site or the App is stored or any server, computer or database connected to our Site or our App. You must not attack our Site or our App via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Services will cease immediately.
You agree not to: (i) take any action or (ii) make available any content on or through the Services that: (A) violates any third-party right, including any intellectual property or proprietary right; (B) is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another‘s privacy, tortious, obscene, offensive, or profane; (C) constitutes unauthorised or unsolicited advertising, junk or bulk e-mail; (D) involves commercial activities and/or sales without our prior written consent; (E) impersonates any person or entity; (F) interferes with or attempts to interfere with the proper functioning of our technology in any way not expressly permitted by the Terms; or (G) attempts to engage in or engage in, any potentially harmful acts that are directed against our technology.
15. Right to Suspend
We do not guarantee that our Services, or any content on our Site or App, will always be available or be uninterrupted. Stitch Fix reserves the right, in its discretion, to suspend, withdraw or restrict access to your Account, your use of the Services or suspend or cancel the sending of Fixes at any time at our discretion including, as necessary to protect the security or operation of the Services. We will try to give you reasonable notice of any suspension or withdrawal.
In the event that you provide us any ideas, thoughts, criticisms, suggested improvements or other feedback related to Products or the Services (collectively “Feedback”), you agree we may use the Feedback to: (a) improve our Services or any Products and (b) promote the Services and Products, and that you will not be due any compensation for your Feedback that is used in these ways. To the extent that we have your name, likeness, or voice, this will be part of the Feedback and you agree that we may use your name, likeness and voice in the same manner that we can use other Feedback. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide the Feedback on the Services or through any other method of communication with us, unless we have entered into a separate agreement with you that provides otherwise.
17. Modifications to the Services
We reserve the right to modify or discontinue the Services (including Fixes) with or without notice to you. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Services. If you object to any such changes, your sole recourse will be to cease access to the Services. Continued access to the Services following notice of any such changes will indicate your acknowledgement of such changes and satisfaction with the Services as so modified. You agree that we, in our sole discretion, may immediately terminate your access to the Services at any time, for any reason, in our sole discretion. You agree that we will not be liable to you or any other party for any termination of your access to the Services.
19. Third Party Content and Other Websites
20. Disclaimer of Warranties
You expressly agree that your use of the Site, the App, Services, and Products purchased through the Services is at your sole risk. We make no warranty that the Products, Site, App, or Services will meet your requirements, or that the Site or the App will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Products, Services, App, or Site, or that defects in the Products, Services, App, or Site will be corrected.
Even though we have created the Services with care, the information, texts, documents, graphics and/or other services on it may contain errors or be otherwise incorrect or incomplete. We shall not be liable for any damages resulting from the use of (or inability to use) the Services, including damages caused by viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Services or to your downloading of any content on it, or on any website linked to it, or (except as otherwise expressly stated in these Terms) any incorrectness, or incompleteness of the Services. Although we use encrypted security software, the security of information and payments transmitted via Internet or via e-mail can‘t be guaranteed. We shall not be liable for any damages suffered as a result of the use of electronic communications.
If we fail to comply with these general conditions, we shall be responsible for any loss or damage you suffer that is a foreseeable result of our breach of these Terms or our failure to use reasonable skill and care, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is obvious that it will happen, or if, at the time the contract was made, both we and you knew it might happen.
We do not exclude or limit our liability to you in any way where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Products including the right to receive Products which are: (i) as described and match information we provided to you; (ii) of satisfactory quality; (iii) fit for any particular purpose made known to us; (iv) and supplied with reasonable skill and care; and for defective products under the UK Consumer Protection Act 1987.
We only supply the Products for domestic and private 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 (direct or indirect), loss of business, business interruption, or loss of business opportunity.
We shall have no liability to you for any breach of these Terms caused by any event or circumstance beyond our reasonable control including, but not limited to, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, lock-outs or other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident, acts of god, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties. 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 the Styling Fee.
22. Other Important Terms
Rights of Third Parties. No one other than a party to these Terms has any right to enforce any of these Terms.
Severance. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Transfer. 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 general conditions. You may only transfer your rights or your obligations under these general conditions to another person if we agree in writing.
Waiver. If we fail to insist that you perform any of your obligations under these general conditions, 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.
Disputes. We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with our Products, the Services or any other matter please contact us as soon as possible. If you and we cannot resolve a dispute using our complaint handling procedure, we will let you know that we cannot settle the dispute with you. Please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage
Governing Law and Jurisdiction. These Terms shall be governed by and construed in accordance with the laws of England. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
Last Updated: March 20, 2019.