Terms of service
Customers outside the United Kingdom should refer to the relevant terms and conditions for their specific jurisdiction, which can be found on our regional websites.
1 These Terms
(a) What these Terms Cover: These Terms contain the terms and conditions on which we supply the products to you. Please read these Terms carefully before you accept these Terms (by ordering products from us).
(b) How to tell us about problems: If you have any questions, feedback or complaints about the products, please contact us to discuss using our contact details below.
Our contact details:
HAPPY HAIR BRUSH PTY LTD (ACN 086 387 288)
Phone number: +61(0)438 486 887
UK registered address: Happy Hair Brush. Suite 2, Second Floor Sovereign House, 1 Albert Place, LONDON, N3 1QB, UNITED KINGDOM
Email address: info@happyhairbrush.com.au
2 Introduction
(a) This website (Site) is operated by HAPPY HAIR BRUSH PTY LTD (ACN 086 387 288), a company registered in Australia (we, our or us). These terms and conditions (Terms) are between us and you, the person placing an order for products through the Site.
3 Use of the Site
(a) You accept these Terms by placing an order via the Site.
(b) You must not use the Site and/or place an order for products through the Site unless you are at least 18 years old.
(c) When using the Site, you must not do or attempt to do anything that is unlawful or inappropriate, including:
(1) anything that would constitute a breach of an individual’s privacy or any other legal rights;
(2) using the Site to defame, harass, threaten, menace or offend any person;
(3) using the Site for unlawful purposes;
(4) interfering with any user of the Site;
(5) tampering with or modifying the Site (including by transmitting viruses and using trojan horses);
(6) using the Site to send unsolicited electronic messages;
(7) using data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or
(8) facilitating or assisting a third party to do any of the above acts.
4 Accounts
(a) You may purchase products from us without an account or you may choose to create an account with us.
(b) You must ensure that any personal information you give to us when creating an account is accurate and up-to-date. All personal information that you give to us will be treated in accordance with our Privacy Policy and all relevant privacy laws.
(c) It is your responsibility to keep your account details confidential. You are responsible for all activity on your account, including purchases made using your account details.
5 Orders
(a) You may order products from us as set out on the Site. If you place an order for products on our Site, you are making an order to purchase the product(s) for the price listed on the Site (including the delivery fees or other applicable charges and taxes).
(b) If you are a Distributor, we may require you to sign our Distribution Agreement. These terms form part of that Agreement.
(c) We may, at our absolute discretion, accept or reject an order. If we need to reject your order, we will notify you within a reasonable time after your order is placed. Once we accept an order, a binding agreement is formed for the supply of products to you in accordance with these Terms.
(d) It is your responsibility to check the order details, including selected products, delivery details and pricing, before you submit your order through the Site.
(e) When you order and pay on the Site and your payment has been validated, we will provide you with an order confirmation email, which may include an order number, an order ID, the delivery and billing addresses and a description of what was ordered.
(f) All purchases made through the Site are subject to availability. We do our best to keep products in stock and to keep the Site up to date with the availability of products.
(g) We may cancel, at any time before delivery and for whatever reason, an order that we have previously accepted, including where there is a considerable delay in dispatching your order, if for any reason we cannot supply the products you order (for example for an event beyond our reasonable control) or if products ordered were subject to an error on our Site (for example in relation to a description, price or image). We will contact you using the details you provided when you placed your order.
6 Price and payments
(a) You must pay us the purchase price of each product you order, plus any applicable delivery costs as set out on the Site (the Price) in accordance with this clause. All amounts are stated on our website.
(b) You must pay the Price upfront using one of the methods set out on the Site.
(c) You must not pay, or attempt to pay, the Price by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment.
(d) The payment methods we offer are set out on the Site. We may offer payment through a third-party provider such as Shop Pay, PayPal or GPay. You acknowledge and agree that we have no control over the actions of the third-party provider, and your use of the third-party payment method may be subject to additional terms and conditions.
(e) Where you order the products for delivery outside Australia, you may need to pay custom charges or taxes in addition to the Price.
(f) We may from time to time issue promotional discount codes for certain products on the Site.
(g) To claim the discount, you must enter the promotional discount code at the time of submitting your order through the Site.
(h) The conditions of use relating to promotional discount codes will be set out on the Site. We may also from time to time run competitions on the Site or on social media. These competitions are subject to terms and conditions which will be made available on the Site at the time of the competition.
7 Supply of the products
(a) In consideration of your payment of the Price, we will provide the products in accordance with these Terms and all applicable laws, whether ourselves or through our personnel.
(b) We warrant to you that the products will be provided using reasonable care and skill.
8 Delivery, title and risk
(a) If possible we will deliver the products to the delivery address you provide when making your order. We currently deliver to areas as set out on the Site. Please refer to the delivery information on the Site to ensure you are in our delivery area. If you are not in our delivery area please contact us to discuss delivery options.
(b) We dispatch orders placed before 12pm (GMT) the same day and orders placed after 12pm (AEST) the next business day, unless otherwise noted on the Site. Any delivery periods displayed on the Site are estimates only, based on the information provided by the delivery company.
(c) We deliver the products using a range of delivery methods. You may need to sign for some deliveries. If neither you nor your authorised representative is at the delivery address to accept delivery, you agree that we may leave the products at your premises.
(d) Title to the products will remain with us until you have paid the Price in full for the products. Until title passes, you must not do anything which seeks to create an encumbrance, lien, charge or other interest in or over the products.
(e) Risk in the products will pass to you as soon as they are delivered to the delivery address you provided in your order.
9 Returns
(a) In addition to your rights set out in this clause 9, we offer exchanges (subject to stock availability) or refunds of products for change of mind where we determine (at our absolute discretion) (30 Day Money Back Guarantee):
(1) you have provided the proof of purchase and you purchased the products within 30 days prior to the request for an exchange or refund;
(2) the products are in their original condition and have not been used;
(3) the products are in their original undamaged packaging with all product tags still intact;
(4) the products are not sale items, custom-made, special buy products or gift vouchers; and
(b) We will cover the costs of delivery under the 30 Day Money Back Guarantee.
10 Limitations on and exclusions to our liability
(a) Neither Party may benefit from the limitations and exclusions set out in this clause 10 in respect of any Liability arising from its deliberate default.
(b) The restrictions on liability in this clause 10 apply to every Liability arising under or in connection with these Terms including liability in statute, contract, equity, tort (including negligence), misrepresentation, restitution, indemnity or otherwise.
(c) Nothing in these Terms limits any Liability which cannot legally be limited, including Liability for:
(1) death or personal injury caused by negligence;
(2) fraud or fraudulent misrepresentation; and/or
(3) defective products under the Consumer Protection Act 1987.
(d) Subject to clauses 10(a) (no limitation in respect of deliberate default), and 10(c) (liability which cannot legally be limited), but despite anything to the contrary, to the maximum extent permitted by law:
(1) where you purchase a product as a business, neither Party will be liable for any Consequential Loss. Consequential Loss includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise;
(2) we only supply the products for domestic and private use to consumers. Where you are a consumer and you use the products for any commercial, business or re-sale purpose we will have no liability to you for Liability involving any loss of profit, loss of business, business interruption, or loss of business opportunity;
(3) a Party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party, including any failure by that other Party to mitigate its loss; and
(4) our aggregate liability for any Liability arising from or in connection with these Terms will be limited to us resupplying the products to you or, in our sole discretion, to us repaying you the amount of the Price paid by you to us in respect of the supply of the relevant products to which the Liability relates.
(e) Subject to clauses 10(a) (no limitation in respect of deliberate default) and 10(c) (liability which cannot legally be limited), but despite anything to the contrary, if either Party fails to comply with these Terms, neither Party will be responsible for any losses that the other Party suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these Terms.
(f) We have given commitments as to the compliance of the products with these Terms and applicable laws in clause 7. In view of these commitments, the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 are, to the maximum extent permitted by law, excluded from these Terms.
(g) You agree that any information contained on the Site and any materials provided with our products (collectively Materials) are provided for general information purposes only and do not take into account your personal circumstances. The Materials are not intended to be advice and they are not intended to be a substitute for professional medical advice. Our products are not intended to diagnose, treat, cure, or prevent any disease or condition and you are solely responsible for determining the suitability of our products for your circumstances and your reliance on the Materials is at your own risk. If you have an existing health condition, we recommend you consult a medical professional before using our products. Use of our products and/or the Materials does not establish a doctor-patient relationship.
11 Intellectual property
(a) You acknowledge and agree that any intellectual property (including copyright and trademarks) developed, adapted, modified or created by us or our personnel (including in connection with the Terms, any content on the Site, and the products) (Our Intellectual Property) will at all times vest, or remain vested, in us.
(b) We authorise you to use Our Intellectual Property solely for your own personal use, and in the manner in which it was intended to be used.
(c) You must not, without our prior written consent:
(1) copy, in whole or in part, any of Our Intellectual Property;
(2) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or
(3) breach any intellectual property rights connected with the Site or the products, including (without limitation) altering or modifying any of Our Intellectual Property; causing any of Our Intellectual Property to be framed or embedded in another website; or creating derivative works from any of Our Intellectual Property.
(d) Nothing in the above clause restricts your ability to publish, post or repost Our Intellectual Property on your social media page or blog, provided that:
(1) you do not assert that you are the owner of Our Intellectual Property;
(2) unless explicitly agreed by us in writing, you do not assert that you are endorsed or approved by us;
(3) you do not damage or take advantage of our reputation, including in a manner that is illegal, unfair, misleading or deceptive; and
(4) you comply with all other terms of these Terms.
12 General
(a) Contracts (Rights of Third Parties) Act 1999: Notwithstanding any other provision of these Terms, nothing in these Terms confers or is intended to confer any right to enforce any of its terms on any person who is not a party to it.
(b) Disputes: Neither we or you may commence court proceedings relating to any dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) unless we and you first meet (in good faith) to resolve the Dispute. Nothing in this clause will operate to prevent us or you from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.
If the Dispute is not resolved at that initial meeting:
(1) where you are resident or incorporated in England and Wales, refer the matter to mediation, administered by The Centre for Effective Dispute Resolution; or
(2) where you are not resident or incorporated in England and Wales, refer the matter to arbitration administered by the London Court of International Arbitration (LCIA), with such arbitration to be conducted in London, before one arbitrator, in English and in accordance with the LCIA Arbitration Rules.
(c) Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided when you submitted your order or in your account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
(d) Force Majeure: Neither Party will be liable for any delay or failure to perform their respective obligations under these Terms if such delay or failure is caused or contributed to by a Force Majeure Event, provided the Party seeking to rely on the benefit of this clause, as soon as reasonably practical, notified the other Party in writing about the Force Majeure Event and the extent to which it is unable to perform its obligations and uses reasonable endeavours to minimise the duration and adverse consequences of the Force Majeure Event.
(e) Feedback and complaints: We are always looking to improve our services. If you have any feedback or a complaint, please notify us on our contact details below and we will take reasonable steps to address any concerns you have.
(f) Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.
(g) Amendment: We may, at any time and at our discretion, vary these Terms by publishing varied terms on the Site. Prior to placing an order, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any order that has been accepted by us, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you placed your order.
(h) Governing law: These Terms are governed by the laws of England and Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in England and Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.
(i) Third party sites: The Site may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase goods or services from a third party website linked from the Site, such third party provides the goods and services to you, not us.
13 Definitions
(a) Consequential Loss means, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise; any loss or damage that cannot be considered to arise according to the usual course of things from the relevant breach, act or omission, whether or not such loss or damage may reasonably be supposed to have been in the contemplation of the Parties at the time they entered into these Terms as the probably results of the relevant breach, act or omission, and/or, any real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data. The Parties agree that your obligation to pay us the Price under these Terms will not constitute “Consequential Loss”.
(b) Distributor means a party we authorise to purchase and sells our products to end consumers in accordance with the Distribution Agreement
(c) Distribution Agreement means the separate Agreement between us and authorised Distributors.
(d) Force Majeure Event means any event or circumstance which is beyond a Party’s reasonable control.
(e) Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgement (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.
For any questions and notices, please contact us at:
HAPPY HAIR BRUSH PTY LTD (ACN 086 387 288)
Email: info@happyhairbrush.com.au