Terms and Conditions of Sale
1.1 Unless otherwise agreed in writing, these terms and conditions of sale (’the Conditions) apply exclusively to each Contract for the sale of goods or services (’the Goods’) by Additional Lengths Ltd (’the Company’) to a purchaser of Goods (’the Purchaser’), (together ‘the Parties’). “Any additional or different terms or conditions proposed by the Purchaser are expressly objected to and will not be binding upon the Company unless specifically assented to in writing by the Company. Any order for, or any statement of intent to purchase hereunder shall constitute assent to these Conditions.
1.2 “Contract” means any order placed through email, the website or any other method and accepted by the Company, together with these Conditions. Notwithstanding that a quotation has been made by the Company no Contract exists between the Company and the Purchaser until the Company accepts the Purchaser’s order in writing.
1.3 Unless otherwise specified in writing by the Company, any quotation by the Company will expire 14 days from its date and may be modified or withdrawn by the Company prior to receipt of the Purchaser’s acceptance.
1.4 The headings used are for convenience only and shall not affect the interpretation of these Conditions.
1.5 The Company, its partners or affiliates or any party involved in creating, producing or delivering this service, or on any website linked to this service, shall not be liable in any manner whatsoever for any direct, incidental, consequential, indirect, special or punitive damages arising out of your access, use or inability to use this service, or any site linked to this service, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure.
1.6 The Company shall also not be liable for any damages or losses, arising in contract, tort or otherwise; including lost profits, loss of business, or data; business interruption, damages and/or other consequential losses that result from your use of or inability to use the service, and/or from any action taken by you as a direct result of using material provided on the Additional Lengths website. This includes sites accessed through links from the Additional Lengths website.
2. Price and Payment
2.1 The price of the Goods (’the Price’) is the Company’s quoted price or if no price is quoted, the current list price of the Goods and is exclusive of delivery, packaging, carriage, insurance and import duties which shall be paid by the Purchaser in addition to the Price. The Company reserves the right to increase the Price at any time to reflect any increase in its costs because of any factor beyond its control or any changes in delivery dates, quantities or specifications requested by the Purchaser or any delay caused by the Purchaser’s failure to provide adequate information or instructions.
2.2 The Company retains title to all Goods until paid for in full by the Purchaser.
2.3 Normal payment terms are that payment must be made at the time of ordering and only be in the name of the account holder.
2.4 All payments are subject to further manual security checks, during this process any orders made by the Purchaser may be refunded or cancelled due to security reasons without prior notice.
3.1 Delivery and dispatch dates quoted are approximate only and the Company is not liable for any delay in the delivery of the Goods.
3.2 If the Purchaser fails to take delivery of the Goods or fails to give adequate delivery instructions then, without affecting any of the Company's other rights or remedies, the Company may store the Goods until actual delivery takes place and charge for the reasonable costs (including insurance) of storage.
3.3 Any claim by the Purchaser relating to Products which is based on any defect in material or workmanship, a failure to correspond to the specification agreed in writing or for non or incorrect delivery (whether or not delivery is refused by the Purchaser) must be notified to the Company within three (3) working days from the date of delivery. If delivery is not refused, and the Purchaser does not notify the Company accordingly, the Purchaser is not entitled to reject the Goods and the Purchaser will be bound to pay the Price as if the Goods had been delivered in accordance with the Contract.
3.4 Delivery addresses cannot be modified once the order has been completed under any circumstances.
3.5 Orders are dispatched Monday – Friday (excluding bank holidays) for all orders that are completed before our 3:00pm cut-off point.
3.6 If a delivery is lost in transit we are unable to send out replacement goods until it has been confirmed as lost by the delivery company, this can take up to 28 working days.
3.7 The Company reserves the right to change the delivery option chosen by the Purchaser.
4. Risk and Property
4.1 Risk of damage to or loss of the Goods passes on delivery or, if the Purchaser wrongfully fails to take delivery, at the time when delivery is tendered.
4.2 Property of the Goods does not pass to the Purchaser until the Company has received full payment of the Price (plus VAT and other applicable charges) and all other sums due to the Company from the Purchaser. Until property of the Goods passes to the Purchaser, it will hold the Goods on the Company’s behalf, and will keep the Goods separate from its goods and those of third parties, properly stored, protected, insured and identified as the Company’s property; and the Purchaser shall not pledge or charge the Goods by way of security or otherwise. Breach of any of the provisions of this Condition will result in all monies owing by the Purchaser to the Company (without prejudice to any other right or remedy) becoming immediately due and payable. The Purchaser is entitled to resell or use the Goods in the ordinary course of its business, subject to the following: If the Goods are resold by the Purchaser, the Purchaser hereby transfers to the Company its claims arising from the aforesaid resale in the amount of the invoice value of the Goods. As long as the Purchaser is honouring its payment obligations, the Purchaser shall, however, be authorized to collect its resale claim which has been assigned to the Company. Until title to the Goods passes to the Purchaser, the Company may require the Purchaser to return the Goods and, if the Purchaser fails to do so, the Company may repossess the Goods. The Purchaser hereby grants the Company an irrevocable right to enter, with or without vehicles, any premises for the purpose of inspecting or repossessing the Goods.
5.1 Except as set out below, the Company warrants that the Goods will correspond to their specification agreed in writing between the Company and the Purchaser and will be free from defects in materials and workmanship; and in case of delivery of services, the Company only warrants that they have been given with reasonable skill and care. All other warranties, conditions or other terms, whether express, implied, statutory or otherwise (including, but not limited to, merchantability and fitness for purpose) are excluded to the fullest extent permitted by law. This warranty shall not apply and shall terminate immediately if the fault or defects referred to herein cannot be proved to be a result of the Company’s failure under this Condition
5.2 Such exclusions from warranty shall include (but not limited to) failure to use, mix, treat, process, apply, store, install, operate or maintain the Goods as instructed by the Company; normal wear and tear; use of the Goods other than for their agreed purpose; any defect in the Goods arising from a design, drawing or specification supplied by the Purchaser or on the Purchaser’s behalf or deficiencies resulting from other reasons beyond the Company’s control. No warranty claims may be made unless the Purchaser has paid the Price in full. Warranties shall also terminate immediately, if the Purchaser, in case of a defect, does not immediately take all appropriate steps to mitigate damages and notify the Company as stated herein. All descriptions, illustrations and data contained in any catalogues, price lists and/or other advertising or promotional material are intended by the Company only to present a general view of Goods described therein and none of such specifications, drawings, dimensions, weights, descriptions, illustrations or data shall form part of the Contract, except if otherwise agreed in writing between the Company and the Purchaser.
5.3 If any failure to meet the warranties under Condition 5.1 appears within the Warranty Period, the Purchaser shall promptly notify the Company. Where any valid warranty claim is made in respect of any of the Goods within the warranty set out in Condition 5.1, the Company can choose either to repair or replace the Goods (or the part in question) free of charge or grant credit to or refund to the Purchaser the Price of the Goods (or a proportionate part of the Price) at the Company’s absolute discretion, but the Company shall have no further liability. The supply of repaired or replacement Goods by the Company pursuant to this Condition 5.2 shall not extend the duration of the Warranty Period. The Company shall not be responsible for costs of the dismantling and assembly of the defected Good, and/or removal or replacements of systems, structures or other portions of the Purchaser’s facility or reinstallation of any items.
5.4 The preceding sections of this Condition 5 set forth the exclusive remedies for all claims based on failure of or defect in the Goods provided under the Contract, whether such failure or defect arises before or during the Warranty Period and whether a claim, however, instituted is based on contract, indemnity, warranty, tort (including negligence), strict liability or otherwise.
6. Returns and Refunds
6.1 Consumer Contracts Regulations (formerly Distance Selling Regulations) DO NOT apply for Business to Business contracts. Business Customers are defined as Sole Traders, Partnerships, Limited companies etc. purchasing goods from us by Internet, Mail Order, over the Phone or by Proforma Invoice for use at their business.
6.2 The Company will not issue refunds for Business to Business transactions unless the products are faulty upon delivery (whereupon the remedies set out in condition 6 will apply), or if they have been purchased within the last 28 days. In the unlikely event that the company despatched incorrect goods or that the purchaser believes that there is a dramatic difference in colour (as hair is raw material, a slight variation in colour is to be expected), the Company will offer an exchange on a like for like basis.
6.3 All products should be returned in the original packaging, unopened and the hair attached to the inlay card in its original condition. By removing any products from the inlay card, the purchaser is accepting the product is of satisfactory quality and fit for purpose.
6.4 Any unwanted products that you wish to return for a refund or an exchange must be done so within 28 days of purchase, any returns received after this time will be sent back to the Purchaser.
6.5 The Company aims to process all refunds and exchanges within 30 days upon receipt of the goods.
7. Faulty Goods
7.1 If any of our products upon receipt appear faulty due to quality issues, the product can be returned to Additional Lengths for inspection. Please note all products should be returned in the original packaging and the hair attached to the inlay card. Any products removed from the packaging or the backing card will not be accepted back into stock and returned to the purchaser at their cost. By removing any products from the inlay card the purchaser is accepting that they have received the goods, they are of satisfactory quality and fit for purpose. It is therefore important that the product is fully checked before being applied.
7.2 If the Purchaser believes the goods to be faulty and is requesting for the goods to be sent back for testing, the fault must be reported to us immediately. In the 1st instance the goods should be washed and tested for quality by the purchaser by following our Aftercare Guide. If the Purchaser, then believes there is an issue with the product they must notify Additional Lengths that they are intending to send the products back for testing where they must complete a complaints form. Once received, goods will be tested, and the findings communicated to the Purchaser within 30 days.
7.3 The Purchaser agrees that they will deal direct with any consumer complaints regarding any of our products they have either sold or applied. The contract of sale is between the purchaser and the consumer. Additional Lengths will deal only with the Purchaser when communicating and inspecting any goods which either the consumer or Purchaser deems to be faulty.
7.4 We only recommend the use of Additional Lengths Aftercare and cannot guarantee the quality of any Additional Lengths extensions with other formulas or products. Aftercare products must be purchased at the time of purchasing the extensions, or within 7 working days. Any hair returned to be tested for alleged quality issues must be accompanied by original proof of purchase for both the extensions and aftercare. All returns must have a fully completed complaints form. Any goods received without the appropriate form will not be processed until the correct form is received. Failure to provide the completed form will result in the goods being destroyed or sent back to the Purchaser. The complaints form can be found on our website.
7.5 Fading of the hair will naturally occur over time and this is not deemed as a manufacturing fault. Additional Lengths will not take responsibility of the product if it is deemed to have deteriorated due to general wear and tear or misuse of neglect.
7.6 We will not test any hair extensions that have been coloured, tinted or chemically damaged; all hair extensions must be returned as the original product colour. Goods are not considered faulty if their condition deteriorates due to poor hair management or poor application of extensions. If no fault is present, or the hair has been damaged or coloured in any way by the Purchaser due to poor application, application by an unqualified person or use of incorrect aftercare products, the goods will be returned to the Purchaser and no refund or replacement will be provided.
7.7 Any colouring of extensions is done entirely at the Purchasers own risk and the Company will not under any circumstances test, refund or exchange any extensions that have been coloured, dyed, or tinted. This includes the use of silver or purple shampoos.
7.8 The Company will not be held responsible for any extensions that have been exposed to heat damage by the customer.
7.9 The Company do not guarantee the use of hair extensions whilst on holiday, use in chlorinated water, hard water with a high mineral content or in hotter climates than normally accustomed to as damage or discolouration can occur. Products such as suntan creams, perfumes and skin creams can also cause discolouration and damage to occur.
7.10 Once requested the Purchaser must return the hair back to us within 7 working days for testing to prevent further damage from occurring.
7.11 The Company reserves the right to refuse a refund, exchange or replacement if the correct and recommended aftercare products haven’t been used to care for or maintain the product.
8. Limitation of Liability
8.1 The remedies of the Purchaser set forth herein are exclusive and the total liability of the Company, on all claims of any kind, whether in contract, warranty, indemnity, tort (including negligence), strict liability, or otherwise, shall not exceed 100% of the Price by which the Goods giving rise to the claim were sold to the Purchaser.
8.2 In no event, whether as a result of breach of contract, warranty, indemnity, tort (including negligence), strict liability, or otherwise, shall the Company or its subcontractors or suppliers be liable for loss of profit, revenue, business, contracts, opportunity, goodwill, use, production, anticipated savings, expenses, costs or similar loss; and/or or any special, consequential, incidental, indirect, speculative, punitive or exemplary loss or damage, or claims of the Purchaser’s customers for any of the foregoing damages and the Purchaser agrees to defend, indemnify and hold harmless the Company from any such claims of the Purchaser’s customers.
8.3 Notwithstanding the Conditions set out above, no Condition shall exclude or restrict the liability of the Company for breach of the statutory warranty as to title and quiet possession and nothing in these Conditions shall operate or be construed to operate so as to exclude or restrict the liability of the Company for death or personal injury caused by reason of the negligence of the Company.
9. Force Majeure
9.1 The Company shall not be under any liability to the Purchaser for any failure to perform any of its obligations under the Contract where it is prevented by (i) reasons beyond its reasonable control including without limitation any act of God, war, riot, malicious damage, strikes or other labour disturbances, lockout, industrial action, government action, accident, breakdown of machinery, default of suppliers, fire, flood, storm, drought, tempest or similar event; or (ii) acts (or omissions) of the Purchaser.
10. Intellectual Property
10.1 Where Goods are to be made by the Company to the Purchaser’s specification and/or design, the Purchaser warrants to the Company that such manufacture will not infringe the patent, copyright, design right, trade mark or other industrial or intellectual property right (’IPR’) of any person and undertakes to indemnify the Company from and against all losses, damages, costs and/or expenses (including legal fees) awarded against or incurred by the Company in connection with any claim for infringement of the IPR of any person as a result of use of the Purchaser’s specification.
10.2 All images remain the property of Additional Lengths and can only be reproduced with our express written consent.
10.3 Any trademarks or images must be immediately removed from any website marketing material or any other location upon request from The Company. Failure to do so will result in The Company taking legal action for trademark infringement.
11. Third Parties
11.1 Each Contract will only confer rights and benefits on the Purchaser and no third party shall acquire any rights or benefits under the Contract.
12. Design Rights
12.1 The Company asserts that it will strenuously defend its design rights in any Goods that it has designed itself, whether or not such designs have been registered.
13.1 The Company reserves the right, in its sole discretion and without incurring any liability to the Purchaser, to: (i) alter the specifications or design of the Goods; (ii) discontinue or limit the manufacture of any Goods; (iii) cancel or limit the deliveries of any such Goods; (iv) discontinue or limit the development of any new product, whether or not such new product has been announced publicly ;(v) manufacture new good(s) having feature(s) which make any product wholly or partially obsolete; (vi) substitute such altered products for the prior Goods in filling orders.
13.2 The Company shall use reasonable effort to provide the Purchaser with prompt notice of such decisions. The Company and the Purchaser shall then agree on the conditions pursuant to which any order(s) accepted by the Company before such notice shall be filled. The Company shall have no obligation to deliver any Goods deleted or modified pursuant to the above paragraphs, which is ordered by the Purchaser after the issuance of the aforementioned notice.
14. The Company
14.1 The Company may perform any of its obligations or exercise any of its rights under these Conditions and each Contract by itself or through a subsidiary company. Any act or omission of that subsidiary will, however, be treated as the Company’s act or omission and the Purchaser shall have no rights or claims against the involved other subsidiary.
15.1 Any notice given under these Conditions must be in writing, addressed to the registered office or principal place of business of the addressee or any other address as may at the relevant time have been notified as the correct address for service of documents. Any notice must be given by hand or sent by first class (airmail if overseas) registered delivery post. E-mail is not effective notice.
16.1 The Contract or any of its rights or obligations may not be assigned or otherwise transferred by the Purchaser without the prior written approval of the Company. The Company may, in part or in whole, assign, transfer or sub-contract all or any of its rights or obligations under the Contract.
17.1 Any waiver by the Company of any breach of the Contract by the Purchaser will not be treated as waiving any subsequent breach of the same or any other provision.
18. Entire agreement
18.1 These Conditions and the documents referred to in them, shall unless otherwise expressly agreed in writing, contain the entire agreement between the Parties and no other agreements, representations, warranties, promises or understandings express or implied will bind the Parties or form part of a Contract. Each party agrees that it has not relied on, or been induced by, any representations of the other party not contained in these Terms and Conditions or the Contract.
18.2 If the provision of the Contract is determined to be void or unenforceable, this finding shall not render other provisions void or unenforceable, and the Company and Purchaser shall make their best endeavours to replace such provisions by a valid one, covering the original commercial intention as far as legally possible.
19. Law and jurisdiction
19.1 The Contract is construed and shall be interpreted in accordance with the laws of England, applicable at the Company’s location. The rules on conflict of law shall be excluded. The place of jurisdiction shall be the court at the place of the registered offices of the Company. However, the Company is entitled to bring action against the Purchaser at the place of the Purchaser’s registered offices, in which case that country’s law shall apply, with the exclusion of that country’s conflict of law. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the above-mentioned courts and waives any right to object to any proceedings being brought in those courts.
20. Directors’ Liability
20.1 Where the Purchaser is a Limited Company, the Company Director(s), on acceptance of these terms and conditions, accepts personal liability for any amounts owing to the Company by the Purchaser.
Recycle your old electricals
The Waste Electrical and Electronic Equipment (WEEE) Directive is now UK law. The legislation aims to make producers pay for the collection, treatment and recovery of waste electrical equipment. The regulations also mean that suppliers of equipment like high street shops and internet retailers must allow consumers to return their waste equipment free of charge.
The amount of WEEE we throw away is increasing by around 5% each year, making it the fastest growing waste stream in the UK.
Much of the UK’s WEEE ends up in landfill, where the lead and other toxins it contains can cause soil and water contamination. This can have a harmful effect on natural habitat, wildlife and also human health.
Many electrical items that we throw away can be repaired or recycled. Recycling items helps to save our natural finite resources and also reduces the environmental and health risks associated with sending electrical goods to landfill.
Distributors of new Electric and Electronic Equipment (EEE) have a part to play in reducing the amount of WEEE going into landfill sites.
Additional Lengths is obliged under these regulations to offer our customers free take-back of their WEEE on a like-for-like basis when they buy a new Electrical or Electronic product from us.
For example, if a customer bought a new hairdryer from us we would accept their old hairdryer and prevent it going into a landfill site by disposing of it safely. Customers must return their WEEE item to us within 28 days of purchasing their new item. Under the WEEE Regulations, all new electrical goods should now be marked with the crossed-out wheeled bin symbol.
Goods are marked with this symbol to show that they were produced after 13th August 2005, and should be disposed of separately from normal household waste so that they can be recycled.