This page (together with the documents expressly referred to in it) tells you information about us and the legal terms and conditions (Terms) on which you may apply to be registered on our website at www.cezannehair.co.uk (our site).
Please read these Terms carefully and make sure that you understand them, before applying for registration on our site. Please note that by applying to be registered on our site, you agree to be bound by these Terms and the other documents expressly referred to in them.
Please click on the button marked "I Accept" at the end of these Terms if you accept them. If you refuse to accept these Terms, you will not be able to apply for registration on our site.
You should print a copy of these Terms or save them to your computer for future reference. We may amend these Terms from time to time as set out in clause 6.
1. Information about us
1.1 We operate the website www.cezannehair.co.uk. We are Joy Limited (we or us), a limited company registered in England and Wales under company number 05652836 and have our registered office at 1 Holly Court, Tring Road, Wendover, Buckinghamshire, HP22 6PE. Our main trading address is at 1 Holly Court, Tring Road, Wendover, Buckinghamshire, HP22 6PE. Our VAT number is GB885213413.
1.2 To contact us, please see our Contact Us page www.cezannehair.co.uk. If you wish to give us formal notice of any matter in accordance with these Terms, please see clause 11.3 below.
2.1 Definitions. In these Terms, the following definitions apply:
Application: your request to us to be registered on our site, as set out in your Application Form.
Application Form: the online form available on our site, which you complete and submit to us when you apply to be registered on our site.
Business Day: a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business.
Commencement Date: has the meaning set out in clause 3.4.
Contract: the contract between you and us for the provision of the Service in accordance with these Terms.
Intellectual Property Rights: all patents, rights to inventions, utility models, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
Service: the Service which is made available to you if your Application is accepted in accordance with these Terms, as described in clause 3.4 below.
Terms: these terms and conditions as amended from time to time in accordance with clause 6.
You: the person or firm who submits an Application.
2.2 Construction. In these Terms, the following rules apply:
(a) a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality);
(b) a reference to a party includes its personal representatives, successors or permitted assigns;
(c) a reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted;
(d) any phrase introduced by the terms including, include, in particular or any similar expression, shall be construed as illustrative and shall not limit the sense of the words preceding those terms; and
(e) a reference to writing or written includes faxes and emails.
3. Basis of contract
3.1 The Application Form constitutes your request to us to be registered on our site in accordance with these Terms. By submitting an Application Form to us through our site, you are consenting to our using the information contained in your Application Form for the purposes of vetting your Application and making a decision (at our sole discretion) as to whether to accept your Application.
3.2 If you are submitting an Application and / or entering into the Contract on behalf of a business, you confirm that you have the requisite authority to bind any business on whose behalf you use our site to submit an Application.
3.3 Please note that we can give you no guarantees or assurances that your Application will be successful, and we reserve the right at our sole discretion to reject your Application without giving any reason for so doing.
3.4 Your registration for the Service shall only be deemed to be accepted when we send you an email confirming our acceptance of your registration (Registration Confirmation), at which point and on which date the Contract between us shall come into existence (Commencement Date).
3.5 The Contract constitutes the entire agreement between you and us, and you acknowledge that you have not relied on any statement, promise or representation (whether made or given by us or on our behalf), which is not set out in the Contract.
3.6 Any descriptive matter or advertising issued by us or displayed on our site is for the sole purpose of giving an approximate idea of the Service described in them. They shall not form part of the Contract or have any contractual force.
3.7 These Terms apply to the Contract to the exclusion of any other terms that you may seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
4.Supply of the Service
4.1 If your Application is successful, we will notify you of this in accordance with clause 3.4 above, following which we will:
(a) register you on our site; and
(b) provide you with an account and password, which will enable you to make purchases of the haircare and salon-related products (Products) offered for sale by us, subject to our terms and conditions of sale.
Please note that if your Application is not successful, you will not be able to take advantage of the Service described in this clause 4.
4.2 We cannot guarantee that the Service will be fault free. If a fault occurs in the Service you should report it to us immediately by contacting us on firstname.lastname@example.org and we will attempt to correct the fault as soon as we reasonably can.
4.3 Your access to the Service may occasionally be restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the Service as soon as we reasonably can.
4.4 We reserve the right at any time to make any changes to the Service which are necessary to comply with any applicable laws or regulations, or which do not materially affect the nature or quality of the Service.
4.5 The Service does not include the provision of computer or other necessary equipment to access the Service. To use the Service you will require internet connectivity and appropriate telecommunication links. We will not be liable for any telephone or other costs that you may incur.
5. Your obligations
5.1 You agree to provide true, accurate, current and complete information about your business as required in the Application Form (Application Details). You further agree that, in providing such Application Details, you will not knowingly omit or misrepresent any material facts or information, and that you will promptly notify us in writing of any corrected or updated Application Details.
5.2 If your Application is successful and we register you to use the Service, you will need to enter a unique user name and password to access your account (User ID). You agree that you will not allow another person to use your User ID to access or use the Service under any circumstances. You agree that you are solely and entirely responsible for your User ID and for any charges, damages, liabilities or losses incurred or suffered as a result of your failure to keep it secure. We are not liable for any charges, damages, liabilities or losses caused by or related to the theft of your User ID, your disclosure of your User ID, or you allowing another person to access and use the Service using your User ID.
5.3 You are solely and entirely responsible for any and all use of your account, including any charges incurred relating to the Service and /or to the purchase of any Products from us. You agree to immediately notify us of any unauthorised use of your account or any other breach of security known to you.
5.4 You acknowledge that the complete privacy of your data and messages transmitted over the internet while using the Service cannot be guaranteed.
6. Our right to vary these terms
6.1 We may revise these Terms from time to time to reflect changes in relevant laws and regulatory requirements.
6.2 If we have to revise these Terms under clause 6.1, we will give you at least five day's written notice of any changes to these Terms before they take effect. You can choose to cancel the Contract in accordance with clause 9.2.
7. Intellectual property rights
We own all Intellectual Property Rights in or arising out of or in connection with the Service, the Content and our site.
8. Limitation of liability: your attention is particularly drawn to this clause
8.1 Please note that if you purchase any Products from us, different exclusions and limitations of liability will apply to your purchases, and these are set out in our terms and conditions of sale
8.2 The Service is provided by us without any warranties or guarantees. You must bear the risks associated with the use of the internet. In particular, we do not warrant that our site, any content on our site (Content), or the Service, are virus free. You must take your own precautions in this respect as we accept no responsibility for any infection by virus or other contamination or by anything that has destructive properties.
8.3 In particular, we disclaim all liabilities in connection with the following:
(a) our rejection of your Application;
(b) incompatibility of our site or the Content with any of your equipment, software or telecommunications links;
(c) technical problems including errors in or interruptions to the Service; and
(d) unreliability or inaccuracy of the Content.
8.4 Except as expressly and specifically provided in these Terms:
(a) we shall have no liability for any damage caused by errors or omissions in any information or instructions provided by you in the Application Details or otherwise in connection with the Service, or any actions taken by us at your direction; and
(b) all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from these Terms.
8.5 Subject to clause 8.7, we are not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited to:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits or contracts;
(d) loss of anticipated savings;
(e) loss of data, or
(f) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise; provided that this clause 8.5 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 8.6 or any other claims for direct financial loss that are not excluded by any of categories (a) to (f) inclusive of this clause 8.5.
8.6 Subject to clause 8.7, our liability for losses you suffer as a result of us breaking these Terms is strictly limited to a total amount of [£50].
8.7 The exclusions and limitations set out in clauses 8.5 and 8.6 do not exclude or limit in any way our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation; or
(c) any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
8.8 This clause 8 will survive termination of the Contract for any reason.
9. Suspension and cancellation of your registration
9.1 We may suspend or cancel your registration immediately at our reasonable discretion if you breach any of your obligations under the Contract, in which case you must stop using your account and the Service immediately.
9.2 You can cancel your registration at any time by informing us in writing. If you do so, you must stop using your account and the Service immediately.
9.3 The suspension or cancellation of your registration and/or the Contract and/or your right to use the Service shall not affect either your or our rights or liabilities.
10. Discontinuation of Service
We reserve the right to discontinue the Service (or any part of it) without notice to you and shall not be liable to you if we exercise these rights. Where reasonably practicable, we will try to give you reasonable notice of any discontinuation of the Service.
11.1 Event Outside Our Control:
(a) For the purposes of this Contract, Event Outside Our Control means an event beyond our reasonable control including but not limited to strikes, lock-outs or other industrial disputes (whether involving our workforce or that of any other party, including our suppliers), failure of a supplier, or of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
(b) We will not be liable to you as a result of any delay or failure to perform our obligations under the Contract as a result of an Event Outside Our Control.
(c) If the Event Outside Our Control prevents us from providing all or part of the Service for more than ten weeks, we will, without limiting our other rights or remedies, have the right to terminate the Contract immediately by giving written notice to you.
11.2 Assignment and subcontracting:
(a) We may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of our rights under the Contract and may subcontract or delegate in any manner any or all of our obligations under the Contract to any third party or agent.
(b) You shall not, without our prior written consent, assign, transfer, charge, subcontract or deal in any other manner with all or any of your rights or obligations under the Contract.
(a) Any notice or other communication required to be given to a party under or in connection with this Contract shall be in writing and shall be delivered to the other party personally or sent by prepaid first-class post, recorded delivery or by commercial courier, at its registered office (if a company) or (in any other case) its principal place of business, or sent by fax to the other party's main fax number.
(b) Any notice or other communication shall be deemed to have been duly received if delivered personally, when left at the address referred to above or, if sent by pre-paid first-class post or recorded delivery, at 9.00 am on the second Business Day after posting, or if delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed, or if sent by fax, on the next Business Day after transmission.
(c) This clause 11.3 shall not apply to the service of any proceedings or other documents in any legal action. For the purposes of this clause, "writing" shall not include emails, and for the avoidance of doubt notice given under this Contract shall not be validly served if sent by email.
(a) A waiver of any right under the Contract is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
(b) Unless specifically provided otherwise, rights arising under the Contract are cumulative and do not exclude rights provided by law.
(a) If a court or any other competent authority finds that any provision of the Contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of the Contract shall not be affected.
(b) If any invalid, unenforceable or illegal provision of the Contract would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
11.6 Nothing in the Contract is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, the other party in any way.
11.7 A person who is not a party to the Contract shall not have any rights under or in connection with it.
11.8 Except as set out in these Terms, any variation, including the introduction of any additional terms and Terms, to the Contract, shall only be binding when agreed in writing and signed by us.
11.9 This Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.