General Terms and Conditions
1. Contract
These Terms of Sale apply to the sale of all products ("Products") made through our website at www.lplashes.com (our "Website"). If you are purchasing Products as a consumer (i.e., for your personal use and not for resale or other use in the course of business) (as a "Consumer"), this does not affect your statutory rights.
1.1 Any order placed by you represents only an offer by you to purchase the products you have selected. Placing an order obligates you to pay, but does not oblige us to supply those products. When we receive your order, we will send you an email (or several emails) confirming receipt of your order and/or the details of your order (including any applicable charges). These emails only confirm the details of your order and that we have received your order. They do not constitute acceptance of your order.
1.2 A contract between you and us (a "Contract") will only be formed when we (i) expressly accept your order in writing or (ii) dispatch the Products ordered to you (each, an "Acceptance" or "Accepted"). Any Contract will relate only to those Products that we have accepted. Until Acceptance, we are under no obligation to supply any Products. All Orders are subject to acceptance by us at our discretion.
2. Your status
By placing an order with us, you represent and warrant that you have the authority and/or capacity to enter into legally binding contracts with us and that you will not violate any laws or obligations to any third party in doing so. As an individual, you represent and warrant that you are at least 18 years old and that you will use the products in strict accordance with all instructions and other requirements issued by us (including those set out on our website) and (if applicable) any usage requirements or conditions stated by the product manufacturer. We only accept orders for eyelash adhesives or products containing eyelash adhesives from appropriately qualified professionals (as defined in Section 7). By placing an order for a product in this category, you acknowledge and confirm that you are a professional and that you will use the eyelash adhesives in strict accordance with our requirements, including those set out on our website and in Section 6 below.
3. Product description and price
3.1 We have taken reasonable care to describe all products as accurately as possible. However, slight variations in the description may occur.
3.2 The price of the Products will be as stated on our website from time to time, unless there is an obvious error. Our prices include VAT (where applicable) but exclude delivery costs, which will be added to the total amount due in accordance with our current delivery rates.
3.3 Prices are subject to change at any time. However, subsequent changes will not affect accepted orders.
3.4 It is always possible that, despite our best efforts, some of the Products listed on our Website may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that, where a Product's correct price is lower 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 our stated price, we will normally, at our discretion, either contact you for instructions before dispatching the Product or refuse to process your order and notify you of such refusal.
3.5 We are not obliged to supply the Product to you at an incorrect (lower) price, even after acceptance, if the pricing error is obvious and/or could reasonably have been recognized as an error in pricing.
4. Payment
Payment for all products must be made by credit or debit card, PayPal, or one of the other payment options specified on our website. We may refuse delivery and/or cancel the contract if we do not receive full payment from you in cleared funds. We will not charge your credit or debit card until we dispatch your order, but please note that our payment processing provider allocates the necessary funds at the time you place your order, so the allocation will count towards your current credit limit, even though the amount due has not yet been debited.
5. Availability and delivery
5.1 Your order will be executed promptly and by a delivery date confirmed by us or, if no delivery date is specified, within 30 days of our acceptance of your order. Delivery will be made to the delivery address you provided when placing your order.
5.2 If delivery is delayed, we will notify you, but we will not be liable for any loss or damage you may suffer as a result of a reasonable or unavoidable delay in delivery. However, we will, upon request, refund the purchase price paid if we fail to deliver within the stated delivery timeframes. If delivery cannot be made to your chosen delivery address, you will be notified as soon as possible.
5.3 If you refuse delivery of your order for reasons set out in the Consumer Protection (Information, Cancellation and Additional Charges) Regulations 2013 (“Regulations”) or do not accept delivery because you have cancelled your contract in accordance with the Regulations, we will refund or recredit the amount you have paid or debited from your credit card for the Products in accordance with clause 9 below.
5.4 Upon delivery of your order, you may be asked to sign for the products received. If the package does not appear to be in good condition, please refuse delivery. If you are unable to inspect the contents of the delivery, please ensure you sign for the package as "uninspected."
6. Eyelash glue products – for professionals only
6.1 Eyelash adhesives are products that pose a risk of personal injury if not properly used and applied by appropriately qualified professionals, by which we mean a person who (i) holds a certificate of competency in custom eyelash extensions and (ii) is competent and knowledgeable in the use and application of all eyelash extension products, in particular eyelash adhesives, and (iii) is fully insured in respect of said use and application of eyelash products and eyelash adhesives (collectively referred to as the “Professional”).
6.2 We only supply adhesive products to professionals, and we may require anyone ordering such products to provide evidence (to our satisfaction) that the professional is appropriately qualified, meets all relevant standards and requirements, and is otherwise suitable to correctly apply the eyelash adhesive products. If you do not provide this information, or do not provide it to our satisfaction, we will not supply you with eyelash adhesive products. If we have reason to believe that you are not appropriately qualified and do not meet the requirements, we reserve the right not to supply you with eyelash adhesive products and/or to cancel any order you have placed, whether or not accepted by us.
6.3 Without prejudice to the requirements set out in Section 6.2 above, you agree to use all eyelash adhesive products as follows:
(a) You first carry out a careful and detailed customer consultation, checking for possible contraindications;
(b) If contraindications are identified or indicated, you will provide the Safety Data Sheet to the customer's general practitioner and obtain the signature of the general practitioner before proceeding with the customer's advice or treatment;
(c) Subject to points (a) and (b) above, before applying any eyelash adhesive product, you will carry out a 48-hour patch test in accordance with our recommendations and best industry practice and will only proceed with treatment following a positive patch test result ;
(d) You will only use eyelash adhesive products for closed eye treatments;
(e) You will never use eyelash adhesive products on clients who have or have had an eye condition, laser eye surgery, open facial wounds, eczema, dermatitis, psoriasis, recent semi-permanent makeup or facial surgery, or who are not permitted to use eyelash adhesive products due to any other medical condition.
7. Consumer rights
7.1 If you enter into a contract as a consumer, each contract will be subject to your cancellation rights as set out in this section.
7.2 If you change your mind and wish to cancel your order and receive a refund:
- a) Contact us as soon as possible and return the products to us within 14 days of receipt. Please ensure that this is done within 14 days of receipt (otherwise, we reserve the right to refuse the refund) and that the products are unused, unopened, and in their original packaging.
(b) The cancellation period will expire after 14 days from the day on which you (or a person designated by you) receive the last of the Products;
(c) If you decide to cancel your order and it has already been dispatched to you, we must receive it back before we can proceed with the refund. This may take up to 30 days.
(d) Some banks charge fees for sending overseas payments in their own currency. Unfortunately, these fees are beyond LaPetite Lashes' control, as they are standard bank fees charged by the sending bank. Please note that in the event of a refund, we can only refund the amount we received for the products, not the bank fees.
(e) If your order is lost, please allow up to 30 working days before declaring it lost and requesting a refund. We ship orders with GLS, which has informed us that it may take this long in some cases. We are able to proceed with the refund once this time has passed.
7.3 To exercise your right of withdrawal, you must notify us of your decision to withdraw from the contract by means of a clear statement sent by email. Our contact details for this purpose are: Email address: info@lplashes.com.
7.4 If you cancel within the above time limits, you will receive a refund of the price paid for the Products in accordance with our refund policy set out in Section 10 below, provided that you comply with all other applicable terms and conditions.
8. Transfer of risk and ownership
Upon receipt of the Products by you (or a person designated by you), responsibility for them will pass to you. Ownership of the Products will not pass to you until we have received full payment of all amounts due in respect of the Products, including all delivery charges.
9. Returns and refunds
9.1 If you are acting as a consumer and exercise your right of withdrawal in accordance with the Regulations, but have received products in connection with the contract, you must:
(a) return or hand over the products promptly and in any event no later than fourteen days from the day on which you notify us that you have cancelled the contract, provided that this deadline is met if you return the products before the expiry of the fourteen-day period;
(b) bear the direct costs of returning the Products. If the Products cannot be sent by normal post, you will be responsible for the direct costs of returning the Products, which we estimate will not exceed €20.00 if you return the Products by courier.
(c) handle the Products with reasonable care while they are in your possession. You will be liable for any diminished value of the Products resulting from handling of the Products beyond what is necessary to establish their nature, characteristics and functioning.
9.2 If you cancel the contract in accordance with your cancellation rights, we will refund all payments we have received from you, including delivery costs (except for the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us). We will make the refund promptly and in any event not later than (a) 14 days after the day on which we receive back the products from you or (b) (whichever is earlier) 14 days after the day on which you provide evidence that you have returned the products. We may withhold reimbursement until we have received the products back or until you provide evidence that you have returned the products, whichever is earlier.
9.3 If you return a product to us for any other reason (for example, because you claim the product is defective), and regardless of whether you are a consumer or not, we will inspect the returned product and notify you of your refund by email within a reasonable time. We will normally process any refund due to you as quickly as possible and in any event within 30 days of the day on which we confirm to you by email that you were entitled to a refund for the defective product. For products that you return because of a defect, we will make a full refund if we have verified the defect, including a refund of the delivery costs for sending the item to you and the reasonable costs you incurred in returning the item to us by the least expensive method reasonably available. You agree to return all products by insured post with delivery confirmation to ensure trackability of all items. This right is limited to 30 days from the date you purchased the product. After 30 days, you are no longer legally entitled to a full refund if your item is faulty.
9.4 If you make one or more returns to us, you agree to comply with all return procedures of which we have informed you.
9.5 We will refund any funds received from you using the same method you originally used to pay for your purchase, unless you expressly agree otherwise. This refund will not incur any cost to you, but we may deduct from the refund any loss in value of the Products supplied if such loss results from handling of the Products other than that necessary to establish their nature, characteristics, and functioning.
9.6 Refunds will be processed by our payment processor and, while we will endeavour to ensure that refunds are paid in accordance with the timescales set out above, we will not be liable for any delays beyond our reasonable control.
10. Our Liability
10.1 We are legally obliged to supply products that comply with the terms of the contract.
10.2 The following provisions govern our entire financial liability (including any liability for the acts or omissions of our employees, officers, agents, suppliers or contractors) to you in respect of (a) any breach of these Terms of Sale or the terms of any Contract, (b) any use or resale by you of any Products or any goods incorporated in the Products and/or (c) any representation, performance or tortious act or omission, including negligence, arising under or in connection with any Contract.
10.3 Nothing in these Terms and Conditions seeks to exclude or limit our liability (a) for death or personal injury caused by our negligence, (b) under section 2(3) of the Consumer Protection Act 1987, (c) for fraud or fraudulent misrepresentation, or (d) for any matter which it would be illegal for us to exclude or limit, or to attempt to exclude or limit, our liability.
10.4 All warranties, conditions, and other terms implied by statute or common law are, to the extent permitted by law, excluded from the Contract. For the avoidance of doubt, no attempt is made to exclude (i) any terms implied by Section 11 of the Trade Act 1979 or (ii) any terms implied for the protection of consumers which, by law, may not be excluded.
10.5 Subject to clauses 10.3 and 10.4, we will not be liable for (i) any indirect losses occurring as an incidental or indirect consequence of the main loss, including without limitation, loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data or waste of management or office time, in each case, however arising and whether caused by tort (including negligence), breach of contract or otherwise, or (ii) for any liability arising from your incorrect use of the Products or failure to comply with any product guidelines or requirements provided by us, including without limitation any recommended pre-release tests or patch tests prior to using the Products.
10.6 Subject to clauses 10.2 - 10.5 above, our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise in connection with the performance or contemplated performance of the Contract shall be limited to the Contract Price (including any delivery charges).
11. Data protection and security checks
11.1 The collection, processing, storage and protection of the personal data you provide is of vital importance to us and will be handled securely in accordance with the Data Protection Act 1998.
11.2 To ensure that your credit, debit, or store credit cards are not used without your consent, we will verify your name, address, and other personal details against information held in relevant third-party databases. This is done solely to confirm your identity. A credit check will not be performed, and your credit rating will not be affected. By accepting these Terms and Conditions, you consent to us conducting such checks; registered credit reference agencies may retain a record of the information disclosed to them.
11.3 Any information you provide to us will only be used in accordance with the EU GDPR (European General Data Protection Regulation) and if at any time you wish to be removed from any of our mailing lists or directories, please contact us by email at info@lplashes.com
12. Written communications
Applicable law requires that some of the information or communications we send to you be in writing. By using our website, you accept that communications with us will primarily be electronic. We will contact you by email or provide you with information by posting notices on our website. For contractual purposes, you consent to this electronic means of communication, and you agree that all contracts, notices, information, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
13. Notes
All notices you send to us must be sent to info@lplashes.com. We may send you a message either to the email or postal address you provided to us when submitting your order. Notice will be deemed received and duly served when posted on our website, 24 hours after the date of sending an email, or three days after the date of posting a letter. Proof of service of notice will be sufficient, in the case of a letter, to show that the letter is properly addressed, stamped, and posted, and in the case of an email, to show that the email was sent to the specified email address of the recipient.
14. Transfer of rights and obligations
The Agreement between you and us is binding upon you and us, and upon our respective successors and assigns. You may not transfer, assign, encumber, or otherwise dispose of any Agreement or your rights and obligations under this Agreement without our prior written consent. We may transfer, assign, subcontract, or otherwise dispose of any Agreement or our rights and obligations under this Agreement at any time during the term of this Agreement.
15. Events beyond our control
15.1 We will not be liable or responsible for any failure to perform, or delay in performing, any of our obligations under a Contract that is caused by events beyond our reasonable control (a Force Majeure Event).
15.2 Force Majeure Events include any act, event, non-event, omission or accident which is beyond our reasonable control and in particular (without limitation) strikes, lock-outs or other industrial action, riot, civil disturbance, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation of war, fire, explosion, storm, flood, earthquake, land subsidence, epidemic or other natural disaster, problems in the use of railways, ships, aircraft, motor vehicles or other public or private means of transport, problems in the use of public or private telecommunications networks and the legislation, orders, laws, regulations or restrictions of any government.
15.3 Our performance under a Contract will be suspended for the period that the Force Majeure Event continues. We will be granted an extension of time for performance for the duration of that period. We will use reasonable endeavors to bring the Force Majeure Event to an end or to find a solution by which our contractual obligations can be performed despite the Force Majeure Event.
16. Waiver
16.1 If at any time during the term of a Contract we fail to insist upon strict performance of any of your obligations under the Contract or these Terms and Conditions, or if we fail to exercise any of the rights or remedies available to us under the Contract, this will not constitute a waiver of those rights or remedies and will not relieve you from compliance with those obligations.
16.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
16.3 No waiver by us of any of these Terms will be effective unless it is expressly stated as a waiver and notified to you in writing in accordance with Section 12.
17. Severability Clause
If any of these Terms or any other provision of a Contract is determined by any competent authority to be invalid, illegal or unenforceable to any extent, that term or provision will, to that extent, be severed from the remaining terms and conditions, which will continue to be valid to the fullest extent permitted by law.
18. Entire Agreement
18.1 These Terms and Conditions and any documents expressly referred to in them constitute the entire agreement between you and us relating to the subject matter hereof and supersede all previous agreements, understandings or arrangements between you and us, whether oral or written.
18.2 We each acknowledge that in entering into a Contract neither of us has relied on any representation, promise or undertaking made by the other in any oral or written statements made in the negotiations between us prior to entering into such Contract unless it is expressly set out in these Terms and Conditions.
18.3 Neither of us shall have any remedies in respect of any untrue statement made orally or in writing by the other party before the date of any Contract (unless such untrue statement was made fraudulently), and the other party's sole remedy shall be for breach of Contract as set out in these Terms and Conditions.
19. Our right to change these terms and conditions
19.1 We have the right to revise and amend these Terms and Conditions from time to time to reflect, among other things, changing market conditions affecting our business, changes in technology, payment methods, relevant laws and regulatory requirements, and the capabilities of our system.
19.2 You will be subject to the terms and conditions and policies in force at the time you order Products from us, unless a change to the terms and/or policies is required by law or regulation (in which case it will apply to orders previously placed by you), or we notify you of the change to those terms and conditions or policies before sending you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the changes if you do not notify us of your disagreement within seven working days of receiving the Products).