Terms Of Website
UseThis page (together with the documents referred to on it) tells you the terms of use on which you may make use of our website products.thebeautycabin.biz (our site), whether as a guest or a registered user. Please read these terms of use carefully before you start to use the site.
By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.
Information About Us
products.thebeautycabin.biz is a site operated by The Beauty Cabin, a trading name of Cabin Beauty Sales Limited (“We”). We are registered in England and Wales under company number 08383945 and have our registered office and main trading office at 1 Chestnut Avenue, biggleswade, Bedfordshire, SG18 0LL.
Accessing Our Site
Access to our site is permitted on a temporary basis and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.
You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
Intellectual Property Rights
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference only.
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.
Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Reliance On Information Posted
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. Any commentary purporting to be advice is provided for information only, you should always consult the manufactures instructions before deciding to use any product referenced on our website. We disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
Our Site Changes Regularly
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
Our Liability
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites or online payment service providers linked to it and any materials posted on it, including:
loss of income or revenue;
loss of business;
loss of profits or contracts;
loss of anticipated savings;
loss of data;
loss of goodwill; and
wasted management or office time;
whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
Information About You And Your Visits To Our Site
We process information about you in accordance with our privacy policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
Transactions Concluded Through Our Site
Contracts for the supply of goods formed through our site or as a result of visits made by you are governed by our terms and conditions of supply.
All of our financial transactions are handled through our secure payment service providers, which may include (without limitation) PayPal (Payment Service Providers). If you are at all concerned with the security of any Payment Service Provider used in connection with our site, you should contact us before providing any financial or personal details to the Payment Service Provider.
By using a Payment Service Provider to pay for goods purchased from our site:
you confirm that you will review and comply with the Payment Service Provider’s applicable terms and policies; and
you also acknowledge and accept that we cannot and will not be held responsible or liable for any losses including (without limitation) financial losses arising from your use of the Payment Service Provider.
Please also refer to our privacy policy for more information.
Uploading Material To Our Site
From time to time, our site may contain features which allow you to upload material to our site or to make contact with other users of our site. Whenever you make use of such a feature, you must comply with the content standards set out below. You warrant that any such contribution does comply with these standards, and you indemnify us for any breach of that warranty.
Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.
We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out below.
Prohibited Uses
You may use our site only for lawful purposes.
You may not use our site:
In any way that breaches any applicable local, national or international law or regulation.
In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
For the purpose of harming or attempting to harm minors in any way.
To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards detailed below.
To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of these terms.
Not to access without authority, interfere with, damage or disrupt:
any part of our site;
any equipment or network on which our site is stored;
any software used in the provision of our site; or
any equipment or network or software owned or used by any third party.
Interactive Services
We may from time to time provide interactive services on our site, including, without limitation:
Social media interaction (e.g. with Facebook and Twitter).
Bulletin boards.
The facility to comment on articles posted on our blogs.
The facility to write reviews about our products.
(interactive services).
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
Content Standards
These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it.
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
Contributions must:
Be accurate (where they state facts).
Be genuinely held (where they state opinions).
Comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
Contain any material which is defamatory of any person.
Contain any material which is obscene, offensive, hateful or inflammatory.
Promote sexually explicit material.
Promote violence.
Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Infringe any copyright, database right or trade mark of any other person.
Be likely to deceive any person.
Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
Promote any illegal activity.
Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
Be likely to harass, upset, embarrass, alarm or annoy any other person.
Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
Give the impression that they emanate from us, if this is not the case.
Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
Suspension And Termination
We will determine, in our discretion, whether your use of our site has breached the content standards or constitutes a prohibited use. When we deem that such breach has occurred, we may take such action as we deem appropriate.
A failure to comply with the content standards when using our site, or a prohibited use of our site constitutes a material breach of these terms and may (without limitation) result in our taking all or any of the following actions:
Immediate, temporary or permanent withdrawal of your right to use our site.
Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
Issue of a warning to you.
Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
Further legal action against you.
Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of these terms. The responses described above are not limited, and we may take any other action we reasonably deem appropriate.
Viruses, Hacking And Other Offences
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site 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 site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
Linking To Our Site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out above.
If you wish to make any use of material on our site other than that set out above, please address your request to sales@thebeautycabin.biz
Links From Our Site
Where our site contains links to other sites and resources provided by third parties (such as payment services providers), these links are provided for your information only.
We have no control over the content of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
You should review any terms and conditions and privacy policies relating to other sites and resources provided by third parties before proceeding to use such sites or resources.
Jurisdiction And Applicable Law
The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
Variations
We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.
Your Concerns
If you have any concerns about material which appears on our site, please contact us at support@thejerseycompany.co.uk.
Thank you for visiting our site.
Terms And Conditions Of Supply
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) listed on our website at products.thebeautycabin.biz (our site) to you. Please read these terms and conditions carefully and make sure that you understand them, before ordering any Products from our site. You should print a copy of these terms and conditions for future reference.
You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions. Your attention is drawn, in particular to your rights of cancellation (set out in clause 5 below) and our limitations of liability (set out in clause 11 below).
Please click on the button marked “I Accept” at the end of these terms and conditions if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.
1. Information About Us
1.1 We operate the website at products.thebeautycabin.biz. We are The Beauty Cabin, which is a trading name of Cabin Beauty Sales Limited, a company registered in England and Wales under company number 08383945 and with our registered office and main trading address at 1 Chestnut Avenue, Biggleswade, Beds, SG18 0LL.
2. Service Availability
2.1 Our site is only intended for use by people resident in the European Economic Area (EEA) and we do not accept orders from addresses outside the EEA.
2.2 You may only order Products through our site if you have an active registered online account with us. This enables us to process your order quickly and efficiently using the details which you have provided. You must be logged in to this account to place an order.
3. Your Status
3.1 By placing an order through our site, you warrant that:
3.1.1 you are a consumer and are not contracting in the course of business;
3.1.2 you are legally capable of entering into binding contracts;
3.1.3 you are at least 18 years old;
3.1.4 you are resident in one of the EEA;
3.1.5 you are accessing our site from the EEA; and
3.1.6 you are the account holder.
4 How The Contract Is Formed Between You And Us
4.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product.
4.2 All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.
4.3 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
4.4 Whilst every effort has been made to ensure that all graphical representations and descriptions of Products correspond to the actual Products, these are provided for illustrative purposes only we are not responsible for variations from these descriptions and representations. This does not exclude our liability for mistakes due to negligence on our part and only refers to variations of Products rather than different Products altogether.
5 Consumer Rights
5.1 Pursuant to consumer protection laws, if you are contracting as a consumer, you may cancel a Contract at any time within seven days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 9 below).
5.2 We are happy to offer our customers an extended return period whereby, if you are contracting as a consumer, you may cancel a Contract at any time within thirty days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 9 below).
5.3 To cancel a Contract, you must inform us in writing. You must also return the Products to us as soon as reasonably practicable, and at your own cost. Alternatively we may agree to collect the Products from you and charge you for the direct costs of collection and return of the Products, even if we have already provided you with a refund.
5.4 You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
5.5 You will not have any right to cancel a Contract where:
5.5.1 the price(s) of the Products are dependent on fluctuations in the financial market which we cannot control;
5.5.2 the Products have been made to your specifications or have been clearly personalised;
5.5.3 the Products, by reason of their nature, cannot be returned; or
5.5.4 the Products are liable to deteriorate or expire rapidly.
5.6 This provision does not affect your other rights under law and if you have any queries about what your rights are, we recommend that you contact your local Trading Standards office or Citizens Advice Bureau for information.
6. Availability And Delivery
Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
7. Risk And Title
7.1 The Products will be your responsibility from the time of delivery.
7.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products (including any delivery charges).
8. Price And Payment
8.1 The price of the Products will be as quoted on our site from time to time, except in cases of obvious error.
8.2 Product prices include VAT. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
8.3 Unless otherwise stated on our site, Product prices include delivery charges.
8.4 Product prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
8.5 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price; we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you that we are rejecting it.
8.6 If the pricing error is obvious and unmistakeable and could have reasonably recognised by you as an error, we do not have to provide the Products to you at the incorrect (lower) price.
8.7 All of our financial transactions are handled through our secure payment service providers, which may include (without limitation) PayPal (Payment Service Providers). Payment for all Products must be made via one of the Payment Service Providers specified on our site.
9. Our Refunds Policy
9.1 Subject to providing us with proof of purchase, if you return a Product to us:
9.1.1 because you have cancelled the Contract between us within the thirty-day cooling-off period (see clause 2 above), we will process the refund due to you as soon as possible and, in any case, within thirty days of the day on which you gave us notice of cancellation. In this case, we will refund the price of the Product in full, and any applicable delivery charges. However, you will be responsible for the cost of returning the item to us or of having the item collected from you.
9.1.2 for any other reason (for instance, because you have notified us in accordance with clause 12.10 that you do not agree to a change in these terms and conditions or in any of our policies, or because you consider that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within thirtydays of the day we confirmed to you via e-mail that you were entitled to a refund. We will refund the price of a defective Product in full, as well as any applicable delivery charges and any reasonable costs you incur in returning the item to us
9.2 Where you have cancelled the Contract within 7 days, pursuant to your statutory rights set out at clause 5.1, we will usually refund any money received from you Either (at your option):
9.2.1 In the form of a certificate for credit, which can be used to purchase products on our site; or
9.2.2 Using the same (or similar) method of payment originally used by you to pay for your purchase.
9.3 Where you have cancelled the contract after 7 days, but within our extended return period under clause 5.2, we will refund any money received from you in the form of a certificate for credit, which can be used to purchase products on our site
10. Warranty
We warrant to you that any Product purchased from us through our site will, on delivery, conform with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.
11 Our Liability
11.1 Subject to clause 11.3, since we only contract with consumers who are not acting in the course of business, we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories:
loss of income or revenue;
loss of business;
loss of profits;
loss of anticipated savings;
loss of data; or
waste of management or office time.
However, this clause 11.1 will not prevent claims for loss of or damage to your physical property that are foreseeable or any other claims for direct loss that are not excluded by categories (a) to (f) inclusive of this clause 11.1.
11.2 Subject to clause 11.3 and to the fullest extent permitted by law, we will not be liable for losses of any kind arising from or in connection with your use of any Payment Service Provider to purchase Products via our site.
11.3 Nothing in this agreement excludes or limits our liability for:
11.3.1 death or personal injury caused by our negligence;
11.3.2 fraud or fraudulent misrepresentation;
11.3.3 any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
11.3.4 defective products under the Consumer Protection Act 1987; or
11.3.5 any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
12. General
12.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
12.2 All notices given by you to us must be given to The Beauty Cabin at sales@thebeautycabin.biz. We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website, 24hours after an e-mail is sent, or threedays after the date of posting of any letter.
12.3 A Contract between you and us is binding on you and us and on our respective successors and assignees. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
12.4 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control which includes any act, event, non-happening, omission or accident beyond our reasonable control. Our performance under any Contract is deemed to be suspended for the period that such event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the event to a close or to find a solution by which our obligations under the Contract may be performed despite the event.
12.5 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations. Any waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
12.6 If any court or competent authority decides that any of the provisions of these terms and Conditions or any provisions of a Contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
12.7 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
12.8 We each acknowledge that, in entering into a Contract, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them. Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract. Nothing in this clause limits or excludes any liability for fraud.
12.9 We have the right to revise and amend these terms and conditions from time to time. You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within sevenworking days of receipt by you of the Products).
12.10 Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
12.11 A person who is not party to these terms and conditions or a Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
