1. Format of the Contract
1.1 These terms of sale apply to all goods supplied by (“supplier”): Henna Mehndi, 316-318 Green Street, London E13 9AP, United Kingdom. Contact: Email firstname.lastname@example.org.
1.2 In these terms “you” and “your” as appropriate refer to the buyer and “us”, “our” and “we” refer to the seller, Henna Mehndi and any other associated company and brand. “Days” refers to working days, being Monday to Friday inclusive excluding public holidays, unless otherwise stated. “Products” means any Product (including, for the avoidance of doubt software and installments of the Products or any parts of or for them) sold by Henna Mehndi to a Customer.
1.3 Henna Mehndi is pleased to accept orders subject to the Terms and Conditions of sale as stated below. Your use of the Henna Mehndi website ("hennamehndi.co.uk”) and purchase of the products or services (“products”) on it means that you agree to these terms and conditions (“terms”). No variation of these Conditions shall be binding unless agreed in writing by an Authorized Representative of Henna Mehndi. Please read the terms carefully before placing your order. We would advise you to retain a copy of them for your future reference.
1.4 No contract exists between you and the supplier for the sale of any goods until the supplier sends you an email confirming that it has received and accepted your offer to buy the goods (order) and the supplier has received payment in full (in cleared funds). Once the supplier does so, the contract will be binding and will be deemed for all purposes to have been effectively communicated to you at the time the supplier sends the email to you (whether or not you receive that email).
1.4.1 The email will contain all relevant statutory information concerning you order.
1.5 The contract is subject to your right of cancellation (see paragraph 7).
1.6 The supplier may change these terms of sale without notice to you in relation to future sales.
2. Description and price of the goods
2.1 The description and price for each product is shown on hennamehndi.com in UK Sterling and includes VAT at 17.5% where appropriate.
2.2 Prices do not include charges for delivery, unless otherwise stated.
2.3 We always try to make sure that the prices on hennamehndi.com are accurate but occasionally errors or price changes may occur.
2.4 We reserve the right at any time to revise prices to account for any increases in costs including the increase or imposition of any duty, tax, levy or exchange rate variation. We will take all reasonable steps to notify you of any relevant revision of prices before processing your order.
2.5 Receipt of your order does not guarantee that we can supply the selected Products to you. All the Products are subject to availability and we therefore reserve the right in extreme circumstances: to alter the quantities of products we supply; to supply only part of an order or divide up orders; to alter the availability and duration of, and to terminate at any time, any special offers. We will not deduct any sums from your credit card unless, or to the extent, we are able to deliver the Products to you as ordered.
2.6 Should you wish to cancel your order at any point before your order has been processed, you must immediately send an email to mail to: email@example.com stating your name, address and order number along with a note stating you wish to cancel your order? On receipt of your email the supplier will issue a refund or re-credit to you any sum that has been paid by you or debited from your credit card for the goods, as soon as possible and in any event within 30 days of your order.
3. Payment & Security
3.1 Payment for the goods and delivery charges can be made by any method shown on the supplier's website at the time you place your order. Payment shall be due before the delivery date.
3.2 There will be no delivery until cleared funds are received.
3.3 Payments shall be made by you without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless you have a valid court order requiring an amount equal to such deduction to be paid by the supplier to you.
3.4 We accept all major credit and debit cards in partnership with Protx. We have also subscribed to the Protx Guarantee Program to provide you with complete peace of mind. For security purposes, we will only deliver to the cardholder’s address.
3.5 To ensure that you’re online shopping experience is secure; your credit / debit card details will be encrypted on a secure server to minimize the possibility of someone being able to read them as they are sent over the Internet.
3.6 How does Henna Mehndi Protect Customer Information?
3.6.1 When you place orders or access your account information, we offer the use of a secure server.
3.6.2 For credit card transactions, Henna Mehndi adds security by using Secure Sockets Layer (SSL) technology, with 128 bit encryption. This means that the credit card information you send is encrypted by your computer, and then decrypted again on our side, preventing others from accessing your private information in between. So, when using an SSL capable browser, shopping on hennamehndi.com web site is the safest kind of transaction possible with a credit card.
3.6.3 Furthermore, as required by the UK Data Protection Legislation, we follow strict security procedures in the storage and disclosure of information which you have given us, to prevent unauthorized access. Our security procedures mean that we may occasionally request proof of identity before we are able to disclose sensitive information to you.
4.1 You will be notified of any delivery costs (unless otherwise stated) automatically before you complete your order and submit your payment details.
4.2 The items will be sent to the address provided by you in your order and stated in the Order Confirmation email.
4.3 All items will be posted within 24 hours once the order is confirmed. Delivery will usually take 3-7 working days from date of posting (21 days for international delivery), but may take longer if circumstances beyond our control disrupt postal services. (A working day is any day other than weekends and public holidays.)
4.3.1 Where on the website we have indicated items in stock, we shall endeavor but not guarantee to deliver the goods, once ordered within 5-7 working days.
4.3.2 Were indicated or selected, we shall provide a tracking number which will allow you the customer to track your shipment with the specified courier company.
4.3.3 It may be the case that if some items are not in stock, or the balance is not in stock, we shall inform you by email of the same, and advise you of the anticipated delivery date.
4.4 If delivery cannot be made to your address for any reason under our control, we shall inform you as soon as possible.
4.5 If you fail to take delivery because you have cancelled your contract under the Distance Selling Regulations the supplier shall refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods, less any expenses incurred for failed delivery.
4.6 Every effort will be made to deliver the goods as soon as possible after your order has been accepted. However, the supplier will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. In this case, the supplier will inform you as soon as possible.
4.7 The goods may be delivered by the supplier in advance of the quoted delivery date.
4.8 Keep all the packaging from your delivery in a secure dry environment in case you need to return any part of your order to us.
5.1 From the time of delivery to you, the goods are entirely at your risk
5.2 Ownership of the goods will transfer to you ONLY when the supplier has received in FULL (in cleared funds) all sums due in respect of the goods and all other sums which are or which become due to the supplier from you on any account.
5.3 The supplier shall be entitled to recover payment for the goods notwithstanding that ownership of any of the goods has not passed from the supplier.
6. Your right of cancellation and Returns Policy
6.1 you have the right to cancel the contract at any time but no later than 7 working days after you receive the goods.
6.2 To exercise your right of cancellation, you must immediately send an email to firstname.lastname@example.org stating your name, address and order number along with a note stating you wish to cancel your order.
6.3 If you exercise your right of cancellation after the goods have been dispatched or received, you will be responsible for returning the goods to the supplier at your own cost. You must take reasonable care to ensure the goods are not damaged in the meantime or in transit. The goods must be returned to Henna Mehndi, 316-318 Green Street, London E13 9AP, United Kingdom within 7 working days of informing us of your cancellation.
6.4 Once you have notified the us that you are canceling the contract, we will refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods only, and not for the packing and shipping costs, and only after the cancelled items have been received in good condition by us.
6.5 If you do not return the goods as required, the supplier may charge you a sum not exceeding the direct costs of recovering the goods.
7. Product Prices
7.1 We will always try to ensure that prices on http://www.hennamehndi.co.uk/terms/htm are accurate but occasionally errors may occur.
7.2 We reserve the right at any time to revise the prices to account for increases in costs including the increase or impositions of any duty, tax, levy or exchange rate variation.
7.3 We will take all reasonable steps to notify you of any relevant revision of prices before processing your order.
8. Limitation of Liability
8.1 Henna Mehndi total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this agreement shall be limited to the price paid for the goods.
8.2 Nothing in these conditions excludes or limits the liability of the supplier for death or personal injury caused by the supplier's negligence or fraudulent misrepresentation.
8.3 If you are a business customer the supplier shall not be liable to you for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this agreement.
8.4 Henna Mehndi liability for direct loss or damage arising from damage to tangible property for which Henna Mehndi is liable shall be limited to the VAT exclusive price of the relevant Product or Service in connection with which any claim for damage or loss is made.
8.5 The limitation on any exclusion from liability contained in these Conditions shall be subject to the provisions of section 2(1) of the Unfair Contract Terms Act 1977.
8.6 Henna Mehndi will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including without limitation Internet outages, communications outages, fire, flood, war or act of God.
9. Applicable Law
9.1 These terms and conditions shall be governed by and construed in accordance with the laws of England and Wales and each party agrees irrevocably to submit to the exclusive jurisdiction of the courts of England and Wales.
9.2 Interpretation and Jurisdiction these terms and conditions only cover the hennamehndi.com / hennamehndi.co.uk web site. Any other websites which you link to from this website are governed by their own terms and conditions. We accept no responsibility or liability for web sites that are not under our control.
9.3 We are required by law to inform you that sales can only be concluded in English.
10. Copyright Notice
10.1 All content in what ever format found on hennamehndi.co.uk website is copyright of its respective owner, Henna Mehndi, and legal action may be taken if any person(s) or business is found using the content found on hennamehndi.com / hennamehndi.co.uk web site without permission in advance.
10.2 Henna Mehndi does not give you any right or interest in any copyright or intellectual property rights in any Product nor the right to copy them. The copyright in Henna Mehndi and the content of all the software, website and pages relating to the hennamehndi.com / hennamehndi.co.uk web site is owned by, or licensed to Henna Mehndi, unless otherwise specified and may not be used, copied or altered without our express consent.
10.3 Copyright extends to the design, look and feel of hennamehndi.co.uk, all photographs on it and its marketing materials.
10.4 Hennamehndi.co.uk and our logos are trade names or trade marks of Hennamehndi and may not be used by anyone else without our express permission. We have applied for a registered trademark in the name “Henna Mehndi” and we are also the owners of unregistered trade mark rights in them.
10.5 Some product images and product descriptions within the hennamehndi.com / hennamehndi.co.uk website are Copyright © their respective owners. All brand names, logos and trademarks are property of their respective owners.
10.6 In addition to the above copyright notice any person/persons or businesses wishing to use hyperlinks or links in any other format to link hennamehndi.com / hennamehndi.co.uk must first obtain permission in writing and legal action may be taken if deemed necessary by hennamehndi.co.uk if permission was not obtained in advance or if permission was denied.
11. Errors & Omissions
11.1 Every effort is made to ensure the accuracy of any technical data or literature made available in relation to our products and services.
11.2 All descriptions and illustrations of goods in any catalogue, brochure, information on the hennamehndi.co.uk com website, price list or in any other document provided by us are intended for general guidance only and do not form part of any contract between you and us.
11.3 We accept no liability for any error or omissions in such documents and cannot be liable in any circumstances for any loss or damage resulting from your reliance on such descriptions and illustrations.
11.4 We will promptly correct any errors brought to our attention.
12. Statutory Rights
12.1 All statements, guarantees or warranties in these terms of trading are additional to and do not affect your statutory rights. These terms and conditions are subject to change at any time without prior notice to you.
13. Product Liability
13.1 Most of the outfits and shoes are handmade and consist of diamantes, rhinestones, sequences and beadings which may loosen or fall apart over time and considered wear and tear. This is just a characteristic of a handmade product and not a manufacturing fault; therefore we have no liability if the diamantes, rhinestones, sequences or beadings come adrift.