Terms & Conditions

The Salon Thing is a range of hair products for professional use. We are proud of these products, and we are confident in their quality. We promise to offer a replacement product if you are unhappy with your purchase. Product must be returned within 14 days unopened with the original invoice. Please contact us to arrange the return on +44 (0)28 9266 6894.

This page tells you information about us and the legal terms and conditions (Terms) on which we sell any of the products (Products) listed on our website (our site) to you.

These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that by ordering any of our Products, you agree to be bound by these Terms and the other documents expressly referred to in it.

You should print a copy of these Terms or save them to your computer for future reference.

We amend these Terms from time to time as set out in clause 8. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.

These Terms, and any Contract between us, are only in the English language.

Age restriction

Certain products are subject to age restrictions.

1. INFORMATION ABOUT US

1.1 We operate the website www.thesalonthing.com. We are The Salon Thing Ltd., a company registered in Northern Ireland with our registered office at 211 Moira Road, Lisburn, County Antrim, BT28 2SN, Northern Ireland. Telephone +44 (0)28 9266 6894

1.2 To contact us, please see our Contact Us page.

2. OUR PRODUCTS

2.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the correct image, due to the volume of images on our website, errors may arise. Therefore we do not warrant that the image is correct, complete or corresponds to the description of the Product. Please note that colours may vary from the images. We reserve the right to remove or amend an image at any time.

2.2 The Products are compliant for sale in the UK and Republic of Ireland. We do not represent that the Products are compliant for sale and/or use in other countries.

2.3 All Products shown on our site are subject to availability. We will inform you as soon as possible if the Product you have ordered is not available and we will not process your order if made.

2.4 All Products shown on our www.thesalonthing.com website are only intended for and available to professionals and are for sale strictly on a business to business basis. Products on our www.thesalonthing.com website are not intended for sale to members of the public.

2.5 Certain Products on our site can only be purchased if you satisfy the legal age requirement for that product. We are not allowed by law to supply these Products to you if you do not satisfy these age requirements. If you are underage, please do not attempt to order these Products through our site. These Products are:

(a) permanent and semi-permanent colour, perming products, relaxer products – You must be 16 years and over

(b) solvent based products, aerosol products, peroxide solutions – You must be 18 years and over

3. USE OF OUR SITES

Your use of our sites is governed by our Terms of Website Use. Please take the time to read this, as it includes important terms which apply to you.

4. HOW WE USE YOUR PERSONAL INFORMATION

We only use your personal information in accordance our Privacy Policy. For details, please see our Privacy Policy. Please take the time to read these, as they include important terms which apply to you.

5. IF YOU ARE A CONSUMER

This clause 5 only applies if you are a consumer.

5.1 If you are a consumer, you may only purchase Products from our www.thesalonthing.com website if you are at least 18 years old.

5.2 We intend to rely upon these Terms, our Privacy Policy and Terms of Website Use in relation to the Contract between you and us. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these Terms to be confirmed in writing.

5.3 As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.

6. IF YOU ARE A BUSINESS CUSTOMER

This clause 6 only applies if you are a business customer.

6.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.

6.2 These Terms, our Privacy Policy and Terms of Website Use constitutes the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of the us which is not set out in these Terms or any of the other policies referred to in these Terms.

7. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

7.1 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.

7.2 After you place an order, you will receive confirmation from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 7.3.

7.3 We accept your order by dispatching your order to you. The Contract between us will only be formed when we dispatch your order to you.

7.4 If we are not able to dispatch all the Products in your order at one time due to operational reasons or shortage of stock, we will dispatch the Products in instalments. We will not charge you extra delivery costs for this. Each instalment will constitute a separate Contract governed by these Terms.

7.5 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our site as referred to in clause 12.6, we will inform you of this and we will not process your order.

8. OUR RIGHT TO VARY THESE TERMS

8.1 We may revise these Terms from time to time without notice to you.

8.2 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.

8.3 Whenever we revise these Terms in accordance with this clause 8, we will keep you informed and give you notice of this.

9. YOUR CANCELLATION AND REFUND RIGHTS IF YOU ARE A CONSUMER

This clause 9 only applies if you are a consumer.

9.1 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 9.3. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product , you can notify us of your decision to cancel the Contract and receive a refund.

9.2 However, this cancellation right does not apply in the case of:

(a) any made-to-measure, custom-made, special order products or products supplied direct from the manufacturer (including furniture and equipment);

(b) any product which has a security seal which you have opened or unsealed;

(c) any product which, for hygiene purposes, cannot be returned which includes:

–  cosmetics;

–  hairbrushes and combs;

–  hair extensions and hair pieces;

9.3 Your legal right to cancel a Contract starts from the date the Products are dispatched to you, which is when the Contract between us is formed. If the Products have already been delivered to you, you have a period of 14 (fourteen) working days in which you may cancel, starting from the day after the day you receive the Products.

9.4 In addition to your legal right to cancel as set out in clause 9.3, you may be able return any unwanted Products within 28 days of when the Contract is formed between us.

9.5 To cancel a Contract or return a Product, please contact our Returns Department by calling +44 (0)28 9266 6894 or e-mail us at [email protected]. You may wish to keep a copy of your cancellation notification for your own records.

9.6 You will receive a full refund of the price you paid for the Products and any applicable delivery charges you paid up to the value of our standard delivery. You will be responsible for the cost of returning the product to us. We will process the refund due to you as soon as possible and, in any case, within 14 days of the day on which you gave us notice of cancellation. If you returned the Products to us because they were faulty or mis-described, please see clause 9.8.

9.7 If you have returned the Products to us under this clause 9 because they are faulty or mis-described, we will refund the price of the defective Product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us provided you notify us within 30 days of receipt of the Products that you wish to reject the Products. After the 30 day period we have the right to repair or replace the faulty product.

9.8 We refund you on the credit card or debit card used by you to pay.

9.9 If the Products were delivered to you:

(a) you must return the Products to us at your own risk as soon as reasonably practicable;

(b) unless the Products are faulty or not as described (in this case, see clause 9.8), you will be responsible for the cost of returning the Products to us;

(c) you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.

9.10 If you fail to return the Products to us in their original condition, including outer packaging, unused and in perfect saleable condition, you will not receive a refund. If you are unable to return the Product to us we may arrange collection and the cost of the collection will be deducted from your refund.

9.11 Details of your legal right to cancel and an explanation of how to exercise it are provided on your delivery note.

9.12 As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 9 or these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.

10. CANCELLATION AND REFUNDS RIGHTS IF YOU ARE A TRADE CUSTOMER

This clause 10 only applies if you are a trade customer.

10.1 If you are a trade customer and you are not pleased with your purchase for any reason we may agree to its return subject to the following conditions:-

(a) You will inform us of your intention to return the Product and reason by contacting the Returns Department by calling +44 (0)28 9266 6894 or e-mail us at [email protected] when you will be given a returns authorisation number.

(b) The Products must be returned to us with 14 days of delivery to you.

(c) The Products must be returned in their original condition, including outer packaging, unused and in perfect saleable condition;

(d) The restrictions set out in clause 9.2 equally apply to you.

(e) You should return the Product at your own cost to the address set out below. You are responsible for ensuring that the Product arrives safely to us so we strongly recommend that you return the Product to us by recorded post. We will not be responsible for any loss or damage to Products whilst being returned to us. We can arrange collection, however, we will deduct our costs from any refund due.

The Salon Thing Ltd.

211 Moira Road

Lisburn

BT28 2SN

County Antrim

Northern Ireland

Alternatively you may also return the Product to any one of our stores as set out in clause 9.6.

(f) Delivery charges paid by you will not be refunded.

(g) Products which are given free, as part of an offer, cannot be exchanged or refunded unless the full offer is returned.

10.2 We reserve the right to charge a handling fee of 10% of the refund which will be deducted from your refund.

10.3 Where you have returned Products to us under this clause 10 because they are faulty, we reserve the right to repair or replace the Product or to provide you with a refund. Any refund will include the price of the defective Product, any applicable delivery charges paid by you and your reasonable costs in returning the Product to us.

11. DELIVERY

11.1 Please refer to our Dispatch & Delivery page.

11.2 Delivery will be completed when we deliver the Products to the address you gave us. We reserve the right not to deliver your Order if we consider the address is not secure, for example, to a communal address or PO box.

11.3 If no one is available at your address to take delivery, we will leave you a note that the Products have been returned to our premises, in which case, please contact us to rearrange delivery.

11.4 The Products will be your responsibility from the completion of delivery.

11.5 You own the Products once we have received payment in full, including all applicable delivery charges. Until payment has been received in full by us, you will hold the Products on a fiduciary basis as our bailee and you will safe guard the Products at all times. If, before ownership to the Products passes to you, you delay or suspend, or threaten to delay or suspend payment of your debts ( to us or any other third party), or you are unable to pay your debts as they fall due or you admit your inability to pay your debts, or (being a company) you are deemed unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986, or (being an individual) you are deemed either unable to pay your debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986, or (being a partnership) has any partner to whom any of the foregoing apply, then, provided the Products have not been resold, and without limiting any other right or remedy that we may have, we may at any time require you to deliver up the Products to us and, if you fail to do so promptly, you permit us to enter any premises of yours or of any third party where the Products are stored in order to recover them.

11.6 Claims for loss or damage to goods in transit cannot be accepted unless the Company is advised within 48 hours of receipt of goods in the case of damage. We will have the goods returned to us and pay the cost of the return shipping if we are advised within the 48 hours. The Company must be informed in writing within 14 days of the date of invoice in the case of loss. The Company will not entertain claims made outside the stated time limits and any loss or damage will be deemed to have occurred after delivery to you.

12. PRICE OF PRODUCTS AND DELIVERY CHARGES

12.1 The prices of the Products will be as quoted on our site and which may change from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, please see clause 12.6 for what happens in this event.

12.2 Prices for our Products may change from time to time, but changes will not affect any order which we have dispatched to you.

12.3 The price of a Product for our consumers only includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. 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. The price of a Product for our trade customers excludes VAT.

12.4 The price of a Product does not include delivery charges. Our delivery charges are as quoted on our site from time to time. To check relevant delivery charges, please refer to our Dispatch & Delivery page.

12.6 Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price. We may at times discover that goods have been incorrectly priced after the goods have been dispatched and therefore cannot give you the option of cancelling the order.

13. HOW TO PAY

13.1 You can only pay for Products using a debit card or credit card. We accept the following cards: Visa and Mastercard.

13.2 Subject to clause 13.3, where your order is placed through our website or call centre, payment for the Products ordered and all applicable delivery charges will be charged to your debit or credit card on dispatch of the Products.

13.3 Payment for orders for custom-made, special order or bespoke Products (whether delivered direct to you from our suppliers or through our distribution centre) will be charged to your debit or credit card at the time you place your order.

13.4 Time for payment is of the essence.

15. OUR LIABILITY IF YOU ARE A BUSINESS

This clause 15 only applies if you are a business customer.

15.1 We only supply Products for internal use by your business and you warrant and agree that you and those under your control and/or direction are competent and qualified in using the Products , that you are purchasing the Products strictly on a business to business basis and you agree not to use the Product for any re-sale purposes. We will not be liable for any injury, loss, damage, costs or expenses caused by unqualified persons using the Products.

15.2 Nothing in these Terms limit or exclude our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation or any other liability which we cannot exclude or limit in law.

15.3 Subject to clause 15.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:

(a) any loss of profits, sales, business, or revenue;

(b) loss or corruption of data, information or software;

(c) loss of business opportunity;

(d) loss of anticipated savings;

(e) loss of goodwill; or

(f) any indirect or consequential loss.

15.4 Subject to clause 15.2 and clause 15.3 , our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.

15.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.

16. OUR LIABILITY IF YOU ARE A CONSUMER

This clause 16 only applies if you are a consumer.

16.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.

16.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

16.3 We do not in any way exclude or limit our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation or any other breach which we cannot exclude or limit in law.

17. EVENTS OUTSIDE OUR CONTROL

17.1 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 an Event Outside Our Control. An Event Outside Our Control is defined below in clause 17.2.

17.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

17.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

(a) we will contact you as soon as reasonably possible to notify you; and

(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

18. COMMUNICATIONS BETWEEN US

18.1 When we refer, in these Terms, to “in writing”, this will include e-mail.

18.2 If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing, you can send this to us by e-mail or by pre-paid post to The Salon Thing Ltd. 211 Moira Road, Lisburn, County Antrim, BT28 2SN, Northern Ireland and/or [email protected]. We will confirm receipt of this by contacting you in writing, normally by e-mail. If you are a consumer and exercising your right to cancel under clause 9, please see that clause 9 for how to tell us this.

18.3 If we have to contact you or give you notice in writing, we will do so by e-mail, by telephone, by SMS/text or by pre-paid post to the address you provide to us in your order.

18.4 If you are a business, please note that any notice given by you to us, or by us to you, will be deemed received and properly served 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

19. OTHER IMPORTANT TERMS

19.1 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 Terms.

19.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

19.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.

19.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

19.5 If we fail to insist that you perform any of your obligations under these Terms, 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.

19.6 Please note that these Terms are governed by Northern Irish law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by Northern Irish law. You and we both agree that the courts of Northern Ireland will have non-exclusive jurisdiction.