Terms and conditions
Our Terms and Conditions contain important information about your rights and obligations. These terms and conditions apply to your use of our website at www.belkorbay.co.uk and the sale of products to you from this site.
- Introduction
- www.belkorbay.co.uk is a site owned and operated by Emma McGuinness. We are registered in the UK under company number 11227503. Our registered office is 111 King’s Road, London, WC1X 9LR.
- Our head office for the purpose of contacting us is 111 King’s Road, London, WC1X 9LR.
- By using our Site, you indicate that you accept these Terms and Conditions which might be modified and posted to our Site from time to time. If you don’t wish to be bound by these Terms and Conditions then you may not use our Site.
- Our Site is a place for you to select and order sodium chloride and SLS free hair products. These products are intended for your personal use. Our Site describes the products in more detail.
- Buying products from our Site
2.1 You must be 18 years old or over, legally capable of entering into binding contracts and the holder of a valid debit/ credit card/ Paypal to purchase our products. We reserve the right to obtain validation of your credit, debit card or Paypal details before providing you with any products.
2.2 You can order products by following the ordering procedures set out on our checkout page. You must pay by credit or debit or Paypal at the time of order.
2.3 All Product prices listed on our Site are inclusive of VAT at the current rates and are exclusive of delivery charges.
2.4 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a shipping confirmation.
2.5 Belkor Bay is entitled to refuse any order placed by you. If your order is accepted, we will confirm acceptance to you online via electronic means i.e. a ‘Confirmation’ email will be sent to the address you’ve provided us with upon placing your order. The order will be dispatched to you within 5 working days (unless you’ve selected the Next Day delivery before 2pm at checkout).
2.6 You undertake that all details you provide us with at the time of purchase on our Site are correct.
- Cancellation and Refunds Policy
3.1 You may cancel your contract with us for the products you order at any time up until the end of the seventh working day from the date you receive the ordered products. This is known as a cooling off period. You don’t need to give us any reason for cancelling your contract nor will you have to pay a penalty.
3.2 We reserve the right to cancel the contract between us if we have insufficient stock to deliver the items you’ve ordered, we do not deliver to your area or one or more of the Products was listed at an incorrect price due to a typographical error or any other error in the pricing information. If we do cancel your contract we will notify you by e-mail and re-credit to your account any sum deducted by us from your credit/debit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
3.3 To cancel your contract you must notify us by email or post. Please see contact address details at clause 12.
3.4 When you return a Product to us because you have cancelled the contract within the cooling-off period, any sum debited to us from your payment card will be re-credited to your account as soon as possible and in any event within 30 days of your order PROVIDED THAT the Products in question are returned by you and received by us in the condition they were in when delivered to you.
3.5 Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
3.6 When you return a product to us for any other reason, we will examine the returned product and will notify you of either a replacement or refund via e-mail within a reasonable period of time.
3.7 We will usually process replacement products and refunds due to you as soon as possible and, in any case, within 30 days of our decision notified to you by email.
- Other Policies
4.1 You acknowledge and agree to be bound by our Delivery and Refunds and Returns Policy, Privacy Policy and our Promotions terms.
- Applicability of Online Materials
5.1 Unless otherwise specified all content and materials published on our Site are presented solely for your private, personal and non-commercial use.
5.2 You warrant and undertake that you will not use our Site for any illegal or prohibited purpose including without limitation the posting or transmitting of any libellous, defamatory, inflammatory or obscene material.
5.3 You must not attempt to interfere with the proper working of our Site and, in particular, you must not attempt to circumvent security, tamper with, hack into or otherwise disrupt any computer system, server, web site, router or any other internet connected device.
5.4 We have used our best endeavours to ensure that our Site complies with UK law. However, we make no representations that the materials on our Site are appropriate or available for use in locations outside of the UK. Those who visit our Site from other locations do so on their own initiative and are responsible for compliance with all applicable law. If use of our Site or products offered through our Site is contrary to or infringes any applicable law in your jurisdiction, you are not authorised to view or use our Site and you must exit immediately.
5.5 Belkor Bay makes no representation and gives no warranties, express or implied, that making the products available in any particular jurisdiction outside of the UK is permitted under any non-UK laws or regulations.
- Links to and from other websites
6.1 Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them.
- Availability and Modifications of our Site
7.1 We try to make our Site available but cannot guarantee that our Site will operate continuously or without interruptions or be error free. We cannot accept liability for its unavailability.
7.2 We reserve the right to make changes or corrections, alter, suspend or discontinue any aspect of our Site or contents or services available through it, including your access to it.
- Disclaimer
8.1 Please note that whilst we try to ensure that the content of our Site is accurate, our Site may contain typographical errors or other inaccuracies.
8.2 Where content published on our Site is supplied by third parties, you understand that we do not control or endorse such content in any way. We do not (to the extent permitted by applicable law) accept responsibility for the accuracy or otherwise of such content (whether published on- or off-line) and the use of such content, except for content which relates directly to products you purchase.
- Our Intellectual Property Rights
9.1 The contents of our Site and our products are protected by International Copyright Laws and other Intellectual Property Rights. The owner of these rights is Belkor Bay, its affiliates or other third party licensors. All product and company names and logos mentioned in our Site are the trademarks, service marks or trading names of their respective owners, including us. You may download material from our Site for the sole purpose of placing an order with us or using our Site as a shopping resource. However, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from our Site including but not limited to text, graphics, video, messages, code and/or software without our prior written consent except where expressly invited to do so, for example in order to complete a competition or questionnaire.
- Liability
10.1 We promise that for any products you purchase from our sit:
10.1.1 we have the right to sell the products to you;
10.1.2 the products will match the description we have given to you;
10.1.3 the products will be of satisfactory quality;
10.1.4 the products will be fit for the purpose notified to you by Belkor Bay.
10.2 Subject to this, products are not sold as being for any particular application or for use under specific conditions, unless expressly agreed in writing.
10.3 We exclude all other express or implied terms and conditions, warranties, representations or endorsements whatsoever with regard to any products (including without limitation the products), our Site or any information or service provided through our Site.
10.4 We accept no liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business (whether direct or indirect) in each case, however caused, even if foreseeable.
10.5 If we are liable to you for any reason, our liability will be limited to the amount paid by you for the products concerned. This does not apply to any liability we have for death or personal injury resulting from our negligence or from our fraudulent misrepresentation.
10.6 We shall have no liability to you for any failure to deliver the products you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
10.7 You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our Site and is compatible with our Site. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from our Site be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
10.8 The limitations and exclusions in this clause do not affect your non-excludable statutory rights and only apply to the extent permitted by applicable law.
- General
11.1 We may assign, transfer, novate or sub-contract any or all of our rights and obligations under these Terms and Conditions at any time.
11.2 We may alter these Terms and Conditions from time to time and post a new version on our Site, following which all use of our Site will be governed by that version. You must check our Terms and Conditions on our Site regularly.
11.3 These Terms and Conditions together with our current Site prices, Delivery and Refunds and Returns Policy, Privacy Policy, Cookie Policy and our Promotion terms set out the whole of our agreement to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any products offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
11.4 We retain the right to revoke Site access to any person who fails to comply with these Terms and Conditions
11.5 If any part of these Terms and Conditions is unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.
11.6 Except for our affiliates, employees or representatives, a person who is not a party to this contract has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this contract but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
11.7 These Terms and Conditions and your use of our Site is governed by English Law and you submit to the non-exclusive of the English Courts.
- Notices
12.1 All notices shall be given
12.1.1 to us via email at info@belkorbay.co.uk or by post to: – 111 King’s Cross Road, London, WC1X 9LR
12.1.2 to you via the email or postal address you’ve provided during the ordering process. Notice will be deemed received when an email is received in full (or otherwise from the next business day if it is received on a weekend or public holiday in the place of receipt) or 3 days after date of posting.
- Promotions Policy
13.1 Promotional codes entitle you, at the time of ordering, to a saving on a new order placed at www.belkorbay.co.uk.
13.2 Promotional codes are only valid for orders placed online.
13.3 Belkor Bay reserves the right to decline to accept orders where, in its opinion, a promotion code is invalid for the order being placed.
13.4 Promotional codes are only valid for a limited period of time.
13.5 Only one promotional code is permitted for use per customer and per order.
13.6 Promotion codes are not valid in conjunction with any other promotion. They’re not valid on sale items, or other discounted items.
13.7 In the event of product returns, refunds will be given for cash used in the original purchase once the discount is applied, less any shipping costs charged on the original order.
13.8 In the event of part of the order being returned, the value of the discount applied on that order will be spread between the goods proportionately. The sum in cash exceeding this value, less any shipping costs charged on the original order, will be returned to the customer. The promotional discount will not be applied to replacement items, if the offer is still valid at the time of making a return – you should place a new order using the original promotional code.
13.9 In the event of any returns meaning that the order no longer qualifies for the promotion advertised, Belkor Bay reserves the right to deduct the value of the offer from the refund.
13.10 Belkor Bay reserves the right to change these Terms and Conditions at any time.
13.11. Belkor Bay reserves the right to terminate the validity of any promotional code at any time.
- Personal Information
14.1 Personal information is information that might be used to identify you. E.g. your name, phone number, email address, postal address or credit/ debit card details.
14.2 You can browse our Site without giving us any personal information. However, you may choose to make use of services on our website that require some personal information. E.g. when placing an order or asking us to stay in contact via email.
14.3 We may also use personal information you have shared with us to suggest products and services you may be interested in, and to contact you regarding orders you have placed.
14.4 We work with our selected partners with whom we must share your personal data in order to fulfil orders. These include our fulfilment warehouse, credit and debit card payment providers and related services and fraud protection.
14.5 The information that we collect from you may be securely transferred to and securely stored outside the European Economic Area (EEA). It may also be processed by staff operating outside the EEA who work for us or one of our partners. Such staff may be engaged in, among other things, the fulfilment of your order, the processing of your payment details or customer support.
14.6 We reserve the right to share your personal information with the police and regulatory authorities as required should we be asked to assist in the investigation of any suspected illegal activity.
14.7 HMRC state that order records must be held on file for 6 years from the end of the last company financial year they relate to. However, if you’d like us to withdraw your details from our marketing database, please contact us at info@belkorbay.co.uk or call 02087207166 to opt out of receiving marketing materials.