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Website Terms & Conditions

These terms and conditions ("the Terms") govern the users ("you" or "your") use of the website www.penneysonline.com ("the Website") and your relationship with Penneys Hair Group Limited (trading as www.penneysonline.com) whose registered office is at 76 Forest Road, Onehouse, Suffolk IP14 3HJ ("we", "our" or "us"). Please read them carefully as they affect your rights and liabilities under law. If you do not agree to these Terms, please do not access nor use the Website. If you have any queries regarding these Terms then please contact us.

1. Agreement

By using the Website you agree to be bound by these Terms.

2. Amendments

We reserve the right to: • update these Terms from time to time and any changes will be notified to you via a suitable announcement on the Website. It is your responsibility to check for such changes. The changes will apply to the use of the Website after we have given such announcement. If you do not wish to accept the new Terms you should not continue to use the Website. If you continue to use the Website after the date on which the change comes into effect, your use of the Website indicates your agreement to be bound by the new Terms; and • modify or withdraw, temporarily or permanently, this Website and the material contained within (or any part) without notice to you and you confirm that we shall not be liable to you for any modification to or withdrawal of the Website or its contents.

3. Registration

You warrant that: • the personal information which you are required to provide when you register is true, accurate, current and complete in all respects; and • you are not impersonating any other person or entity The products purchased on this site are for private and domestic use only and are not for re sale. You will notify us immediately of any changes to the personal information by e-mailing or telephoning our customer service representatives at: • e-mail address: info@penneysonline.com • tel: 0333 320 9420

4. Privacy Policy

We will treat all your personal information as confidential and will only use it in accordance with our Privacy Policy. When you shop on this Website, we will ask you to input personal details in order for us to identify you, such as your name, e-mail address, billing address, delivery address, credit card or other payment information. We confirm that this information will be held by us in accordance with the registration we have with the Data Commissioner's office.

5. Protecting Your Security

To ensure that your credit, debit or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases. We take the risk of internet fraud very seriously. With the volume of fraudulent credit card transactions increasing, we make every effort to ensure all orders are thoroughly checked using the information already supplied. There is a possibility we may contact you to make additional security checks and we ask for your co-operation to enable us to complete them. We will not tolerate fraudulent transactions and such transactions will be reported to the relevant authorities. By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.

6. Compliance

The Website may only be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and its use. You agree not to upload or transmit through the Website: • any computer viruses or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer; and • any material which is defamatory, offensive or of an obscene character

7. Indemnity

You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Terms by you, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your personal information.

8. Third Party Links

As a convenience to our customers, the Website may include links to other websites or material which is beyond our control. For your information, we are not responsible for such websites or material nor do we review or endorse them. We will not be liable, whether directly or indirectly, for the privacy practices or content of such websites nor for any damage, loss or offence caused or alleged to be caused in connection with, the use of or reliance on any such advertising, content, products, materials or services available on such external websites or resources.

9. Orders

All orders are subject to acceptance and availability. If the goods ordered are not available, you will be notified by e-mail (or by other means if no e-mail address has been provided) and you will have the option either to wait until the item is available from stock or to cancel your order. Any orders placed by you will be treated as an offer to purchase the goods or services from us and we have the right to reject such offers at any time. You acknowledge that any automated acknowledgment of your order which you may receive from us shall not amount to our acceptance of your offer to purchase goods or services advertised on the Website. The conclusion of a contract between you and us will take place when we (i) debit your credit, debit card or PayPal account or (ii) dispatch the goods to you or commence the services, whichever is the later. We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be liable for any loss you may suffer if a third party procures unauthorised access to any data provided by you when accessing or ordering from the Website. The products sold on the Website are not for re-sale or distribution. You are limited to a purchase of 5 items of any one product. We reserve the right to cancel orders and/or suspend accounts where we believe products are being ordered in breach of this provision. You will assume the risk for the products once they have been delivered to the delivery address which you specified when ordering the products. We accept no liability where you provide an incorrect delivery address or where you fail to collect the products from the delivery address which you specified.

10. Cancellation Rights

Where you have purchased the goods or services as a consumer (i.e. for private use as opposed to business use), please note that you are entitled to cancel any contract completed with us within 7 days from the day after receipt of the goods or services. If you do cancel a contract pursuant to this clause 9, then: • you must notify us by contacting us or writing to penneysonline.com, 76 Forest Road, Onehouse, Suffolk IP14 3HJ. • you must retain possession of the goods or services and ensure that the goods or services are kept in the same condition as they were when they were delivered until such time as the goods or services are either collected by us or delivered back to us by you; • we will notify you of when we wish to collect the goods or services. The goods and services will be collected by us within 28 days of our receiving your cancellation notice and we will charge the cost of collecting the goods or services, and will deduct this from any sum owed by us to you. Alternatively, you can return the goods or services to us by contacting a customer service operator on 0333 320 9420 (between the hours of 9.00am to 6.00pm) who will be able to provide you with address details; • We will refund any monies you have paid to us within 30 days of receipt of your cancellation notice. For further information about cancellations and returns, please see our Returns Policy.

11. Price and Payment

All prices shown are inclusive of VAT (only where applicable - see below) at the current rates and are correct at the time of entering the information onto the system. We reserve the right, however, to change prices at any time without notice to you. If your delivery address is within the United Kingdom, no additional taxes will be charged to you. If your delivery address is outside of the United Kingdom you may be subject to import duties and taxes (including VAT), which are levied once a delivery reaches your destination country. Any such additional charges must be borne by you. You should note that customs policies and practices vary widely from country to country. We recommend that you contact your local customs office for information. Please note that when shipping goods from outside the United Kingdom, cross border shipments may be subject to opening and inspection by customs authorities. In respect of all goods dispatched to you to an address outside of the United Kingdom, you are deemed to be the importer of the goods and must therefore comply with all the laws and regulations of the country into which the goods are being delivered. Payment can be made by any major credit or debit card or via your PayPal account. Payment will be debited and cleared from your account before the dispatch of your good or provision of the service to you. If payment is to be made via a credit card a pre-auth value of £0.01 will be held against the card until the card issuer validates the payment. In the unlikely event that the price shown on the checkout page is wrong, and we discover this before accepting your order in accordance with clause 9, we are not required to sell the goods to you at the price shown. We always try and ensure that the prices of goods shown on our Website are accurate, but occasionally genuine errors may occur. If we discover an error in the price of the goods that you have ordered we will let you know as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If you cancel your order and you have already paid for the goods, then you will receive a full refund. You confirm that the credit, debit card or PayPal account that is being used is yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us we will not be liable to you for any delay or non-delivery. You may only use one discount code with each order. We reserve the right to reject or cancel any orders where you add more than one discount code to the basket. We allow you to use discount codes strictly on the terms and conditions upon which they were issued which, amongst other things, may include terms relating to your eligibility to use them and a maximum order value. Please familiarise yourself with these terms and conditions before you place an order as we reserve the right to reject or cancel any orders which do not comply with these terms even if your credit or debit card has been charged. If there is any inconsistency between the terms and conditions upon which the discount codes were issued and these terms and conditions, the discount code terms and conditions prevail. A copy of the discount code terms and conditions can be obtained by mailing or telephoning our customer service representatives at: • e-mail address: info@penneysonline.com • Tel: 0333 320 9420

12. Eligibility to Purchase

To be eligible to purchase goods on this Website and lawfully enter into and form contracts on this Website under English law you must: • if an individual, be 18 years of age or over; and • register your real name, address, phone number, e-mail address any other details requested. By offering to purchase goods and services you represent to us that you are 18 years of age or over and authorise us to transmit information (included updated information) to obtain information from third parties, including but not limited to, your debit or credit card numbers or credit reports to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.

13. Intellectual Property

The content of the Website is protected by copyright, trade marks, database and other intellectual property rights and you acknowledge that the material and content supplied as part of the Website shall remain with us or our licensors. You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website.

14. Limitation of Liability

Notwithstanding any other provision in the Terms, nothing in these Terms: • affect or limit your rights as a consumer under English law; or • will exclude or limit our liability for death or personal injury resulting from our negligence. The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties, whether express or implied, in relation to it and its use. You acknowledge that we cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you. You must bear the risk associated with the use of the Internet. Whilst we will try to ensure that material included on the Website is correct, reputable and of high quality, we cannot accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website. If we are informed of any inaccuracies in the material on the Website we will attempt to correct this as soon as we reasonably can. In particular, we disclaim all liabilities in connection with the following: • incompatibility of the Website with any of your equipment, software or telecommunications links; • technical problems including errors or interruptions of the Website; • unsuitability, unreliability or inaccuracy of the Website; and • failure of the Website to meet your requirements. To the full extent allowed by applicable law, you agree that we will not be liable to you or any third party for any consequential or incidental damages (both of which terms includes, without limitation, pure economic loss, loss of profits, loss of business, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the Website.

15. Severance

If any part of the Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of the Terms.

16. Waiver

No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

17. Entire Agreement

These Terms form the entire basis of any agreement reached between you and us.

18. Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of England and Wales and any disputes will be decided only by the English courts.

19. Chocolate & Sweets

To make the most of your sweets we recommend that they are consumed within 12 weeks of receipt. All products are individually dated to ensure the products are consumed when they are at the best. Nut content Customers should be aware that all our sweets are manufactured and packaged in environments in which nuts may be present and therefore cannot guarantee that any sweets supplied are free of nuts and nut traces. Please note that ingredients provided are those from manufacturers' packaging and lists and are therefore as accurate as those available from sweet manufacturers, we therefore cannot be held responsible for their content.

20. Returns

In order to ensure our customers receive the best level of service and are happy to indulge their sweet tooth we offer a comprehensive returns policy in the unlikely event that you are not 100% satisfied with sweets delivered. Please note that the following returns procedure must be followed, and failure to do so may result in us being unable to exchange goods or provide refunds. Also please be aware that we cannot be held responsible and provide refunds/exchanges on stock affected by circumstances beyond our control. This includes damage and neglect after goods are received, goods being stored in climatic conditions such as extremes of temperature that can affect some items - items often stick together or alter appearance slightly, but will taste the same and damage by third parties. In addition please be aware that during the hot summer months goods in transport can be effected by the heat so be aware that delicate items such as chocolate may not always look as intended, but they will of course still taste as good as ever. Should you wish to return an item for any reason please notify us within 48 hours of receipt of your order of any part that is unsatisfactory. In order to arrange a return, please contact us and inform our customer service team of your order number, the item you are returning and the reason for the return. We will then reply with a unique returns authorisation number and the address you need to send the item to. You'll need to package the item securely and include: • Your order number • The returns authorisation number • Whether a replacement or refund is needed • The reason why you are returning the item. Goods returned should be in their original condition and packaging in which they arrived, along with a copy of the invoice or packing slip. Once received items will be checked and refunds on goods and postage arranged where suitable. We cannot issue refunds on simply unwanted goods due the perishable nature of goods on sale. Refunds/exchanges will only be offered on items that are faulty, and were clearly so at the time at which they were dispatched.

21. Reviews

If you submit a review, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant penneysonline.com and its sub-licensees the right to use the name that you submit in connection with such content, if they choose. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to penneysonline.com, including the execution of deeds and documents, at the request of penneysonline.com. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is submitted to penneysonline.com: 1. The content and material is accurate; 2. Use of the content and material you supply does not breach any applicable penneysonline.com guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify penneysonline.com for all claims brought by a third party against penneysonline.com arising out of or in connection with a breach of any of these warranties. Winners of the review competition will be notified by email. Failure to respond to our notification email within 20 days will result in the prize being forfeit.

22. Delivery of your gift voucher

You will receive Order Confirmation and Dispatch emails as normal, followed within 24 hours by an email with your printable gift voucher containing a unique code. Your voucher will be delivered as an HTML formatted email - if you forward the email, formatting may not be preserved, but the unique code will still be valid. Each voucher must be used in full in a single transaction. There is no change or credit given for unused portions of a gift voucher. Only one voucher can be redeemed per transaction. The balance of your shopping basket must be paid for using normal payment methods. The gift vouchers cannot be used in conjunction with any other offers (including discount code offers). Vouchers are valid for 12 months from date of issue. Vouchers presented after their expiry date will be treated as void. We accept no liability for vouchers lost or stolen. Vouchers purchased with cards which have had payment reclaimed will be invalidated. Vouchers cannot be returned or refunded, except in accordance with your legal rights. We reserve the right to refuse to accept a Voucher which we deem to have been tampered with, duplicated or which otherwise is suspected to be affected from fraud. We reserve the right to change any of these terms and conditions from time to time without notice and to take appropriate action including cancellation of the voucher if, at our discretion, we deem such action necessary.

23. All Competitions

We reserve the right to amend these Terms from time to time. These rules will be deemed incorporated into each competition except to the extent that any specific instruction in a competition provides otherwise. By entering the competition entrants will be deemed to have read and understood these Terms and be bound by them. All of our decisions will be final and binding. Any person who is an employee, partner or an immediate family member of an employee or partner of any Penneys Hair Group company or any other person who is directly connected with the organisation of any particular competition is ineligible to participate. Competitions are only open to residents of the UK. All entrants are to be aged 18 or over unless any other age restriction is specified or implied. Entrants should, if under 18, obtain permission in advance from their parent or guardian. All entries must be received by the closing date specified in the competition. Answers will be entered upon submission. No responsibility will be taken for any answers that are misdirected, lost for technical or other reasons or received after the closing date. We reserve the absolute right to disqualify any entrant to any competition which we consider has used improper technical means to enter. Entrants are liable for their costs to access computer networks. Prizes If for any reason an advertised prize is unavailable we reserve the right at our absolute discretion to substitute a similar prize of equivalent or greater value. Only one prize will be awarded per household. There will be no cash or other alternative to the prize offered and prizes are not transferable. Notification The winner's name will be selected in a random draw, after the closing date, from all correct answers received. The winner of a prize will be notified within 28 days after the winner has been ascertained. Please allow 28 days for delivery of all prizes. If the winner of the a competition is unable to take up a prize for any reason or if the winner cannot be notified after reasonable efforts having been made then we may dispose of the prize as we think fit without any liability to the winner for having done so. For each competition, only one prize will be awarded per entrant / email address. Names of winners will be available on request. Claiming Prizes Prizes Involving Travel: (a) Travel arrangements are the responsibility of prize winners unless otherwise stated; (b) we reserve the right to require written permission from the parent or guardian of any winner who is under the age of 16 and to require such a winner to choose as a companion someone 18 or over. Competition prizes/tickets may be restricted to certain times of the year and unless otherwise stated all prizes must be taken within six months of the date of the competition draw. Where prizes are to be provided by a third party then the winner will be required to complete all appropriate or applicable booking or other formalities direct with such providers. We will have no responsibility for the acts/defaults of any other persons or companies.

24. Multibuy Offers

This offer applies only to qualifying items listed in the Multibuy area of this Website. Where any goods are returned (except for an exchange where products are faulty/defective), we are entitled to either require the return of all goods delivered as part of that Multibuy offer at your cost or charge you for the goods retained by you at the full price quoted on this site.

25. Gift With Products Promotions

25.1 Where we are offering a free gift with a product, we shall only provide one free gift per transaction (irrespective of how many products are purchased). The free gift is subject to availability and we reserve the right to change the free gift for a gift of equivalent value. 25.2 In order for us to facilitate the provision of a free gift, it may be necessary for us to include the free gift on our site at a nominal value. For the avoidance of doubt, you are not entitled to "purchase" the free gift without purchasing the product it is provided free with and any attempt to "purchase" the free gift will be cancelled (notwithstanding any automated communication you may receive acknowledging your order). In the unlikely event that the free gift is despatched to you, you shall be obliged to return the free gift upon written request.



Standard Terms & Conditions - PENNEYS Hair Group Limited

Company Registration Details:- PENNEYS Hair Group LTD, Company Number 08411432, VAT Number 159017703.

Please read the following carefully:-

  • These terms and conditions regulate your business dealings with PENNEYS Hair Group Limited; and
  • All accepted orders are subject to these terms and conditions;

PENNEYS Hair Group are dedicated to providing a first class service to selected leading hairdressing salons. We specialise in supplying professional products for use and retail sales by hairdressing salons only, also we supply business education.

Definitions

“Accessories” means Neal & Wolf, Affinage Salon Professional, Silky or Any other salon brands, hair care accessories and other branded accessories, including, but not limited to brushes, scissors, toys, and pumps;

“Authorised Stockist salon(s)” means the salon(s) which has agreed to be supplied by Penneys Hair Group with products and/or Accessories in accordance with these terms and conditions;

“Goods” means Accessories, materials and products;

“Materials” means (but shall not be limited to) brochures, forms, product stands, signs, symbols and written advertising, promotional and educational material; and

“Products” means the Neal & Wolf and Silky products and any other professional hair care branded products PENNEYS Hair Group chooses to make available to a particular salon for purchase.

The Relationship

Thank you and congratulations for choosing PENNEYS Hair Group to support and supply your business.

  1. Penneys Hair Group agrees to:
    1. Provide initial training and a variety of other training coarses for you and your staff;
    2. Provide you, from time to time, with display and sales promotional materials; and
    3. Supply you with a list of current recommended retail prices and keep you informed of any changes in these prices.
  2. You will as an Authorised Stockist Salon(s):
    1. Always give personal advice to customers on how to get the best results from their purchases and tailor that advice to each customer’s individual needs;
    2. Display:
      1. The Top 20 products as amended from time to time; and
      2. The Products and accessories professionally, keeping them clean at all times and affixing a price ticket to them.
    3. Only sell the Products and Accessories through your salon premises. Your attention is specifically drawn to clause 8.4 below under “IMPORTANT”;
    4. Report and refer to PENNEYS Hair Group for approval, if you identify, any suspicious activity including all purchases of 6 or more units of the same product in a single transaction;
    5. Prior to selling the Products and Accessories via the internet, you will request our separate internet sales Quality Standards Terms and Conditions which apply to your salon internet sales;
    6. Retain (in each salon) a minimum stock of Product and Accessories valued at over £1,000 (at recommended retail price);
    7. Replenish (in each salon) your stock of Product and Accessories with a minimum value of £100 per month;
    8. From time to time attend training sessions arranged by PENNEYS Hair Group in product awareness, client communication skills, creative hairdressing techniques and retail management systems;
    9. Not use any display or sales promotional materials supplied by PENNEYS Hair Group unless you hold a stock of Products valued at over £1,000 (at recommended retail price); and
    10. Ensure, where your salon is a ‘Salon Group’ (consists of more than 2 salons) that the majority of salons within the salon group comply with these terms and conditions.
  3. You also acknowledge that PENNEYS Hair Group:
    1. May provide your salon’s details to customers enquiring about stockists of Products and Accessories;
    2. May at any time and at its absolute discretion, supply any other salon with Goods, including but not limited to, salons within your catchment area (the terms and conditions under which such other salons may be supplied shall be at the discretion of PENNEYS Hair Group); and
    3. Will, in the event you order Products or Accessories, also supply you with the magazines, product information, brochures and other promotional literature unless you inform PENNEYS Hair Group in writing that you do not wish to receive the same.

Ordering The Goods

    1. No order shall be deemed to be accepted by PENNEYS Hair Group until it issues an invoice.
    2. Unless otherwise agreed, you will pay for your order at the time you place it and your order will not be sent to you until we receive payment for it in full.
    3. You will pay a delivery charge of £10.00 (net of VAT) for all orders under £130 (net of VAT)
    4. Blueprints reserve the right to refuse any order.
    5. The price payable by you for the goods is set out at the current Salon price list for the products. The said price list will be amended from time to time and Blueprints will keep you informed of any changes to it.
    6. The salon price list for the Products is protected by copyright and is confidential. It may not be reproduced in whole or in part in any form or stored in any medium other than that in which it is supplied.
    7. All bank charges incurred by Blueprints as a result of any cheque issued by you failing to clear shall be passed on to you for your account.

Delivery of The Goods

    1. PENNEYS Hair Group will only deliver to your physical salon address (es).
    2. PENNEYS Hair Group will use its reasonable endeavours to deliver your order within five working days of receiving it. Please note that this delivery date is an estimate and not a guarantee. PENNEYS Hair Group will not be liable for non-delivery of your order unless you directly inform its Head of Logistics or Legal Department of such non-delivery within five (5) working days of the order being placed.
    3. Risk in the goods passes to you upon delivery.
    4. Ownership in the Goods shall not pass to you until you have discharged all monies due to PENNEYS Hair Group in respect of all orders.
    5. Until such time as ownership in the goods has passed to you:
      1. You shall at your sole expense hold the Goods as agent for PENNEYS Hair Group and keep the goods separate and identified as PENNEYS Hair Group property.
      2. You shall at your sole expense properly store, protect and fully insure the goods.
      3. PENNEYS Hair Group is entitled to repossess such of the Goods as remain unsold and may enter the premises in which they are stored to repossess the Goods up to the value of the debt owed by you to PENNEYS Hair Group at the date of such entry.
    6. Subject to clause 5.5 above, you are entitled to resell or use the Goods prior to ownership in them passing to you, but you shall account in full to PENNEYS Hair Group for all proceeds of sale thereby realised.
    7. Upon arrival of the goods at your salon, you shall thereafter have 24 hours within which to inspect your order before accepting it. If you wish to reject the Goods in part or in whole you must (unless and to the extent of the Goods delivered are not readily identifiable as faulty or damaged) notify PENNEYS Hair Group accordingly within the said 24 hour period. Where problems with the goods are only identifiable upon use, you must notify PENNEYS Hair Group thereof immediately upon such problems becoming known to you or your staff. If you fail to notify PENNEYS Hair Group in accordance with this clause 5.7, your acceptance of the entire delivery shall be deemed unconditional and irrevocable. Shortage not reported at the time of accepting delivery of the Goods shall be borne entirely by you. Please ensure that you check your order against the Goods received.
    8. PENNEYS Hair Group shall not be liable for any loss, damage, delay or non-performance arising directly or indirectly as a result of events outside the reasonable control of PENNEYS Hair Group (including but not limited to shortages of labour, storm, flood, machinery breakdown or war). In such circumstances, PENNEYS Hair Group shall be entitled to cancel any order without thereby incurring any liability to you whatsoever.

Termination

    1. Any arrangement or understanding (written in verbal) to supply you with the Goods may be terminated in the following circumstances:
      1. If any fundamental obligation set out in this agreement is breached by one party, the other party may terminate this agreement immediately and without notice to the other party.
      2. Either party may terminate this agreement for any reason whatsoever by giving thirty (30) days prior written notice to the other. Termination will take effect at the end of the said thirty (30) day period.
    2. 6.2 PENNEYS Hair Group may terminate this agreement immediately and without notice if:
      1. You make any arrangements with your creditors or a bankruptcy petition is filed against you; or
      2. A receiving order is made against you; or/li>
      3. (If you are a company) an order is made or a resolution passed for the winding-up of the company or the company has a receiver appointed over the whole or any part of its assets.
    3. If this agreement is terminated as set out above in clause 6.1 or 6.2:
      1. You will immediately pay all monies due to PENNEYS Hair Group.
      2. All orders placed with PENNEYS Hair Group will become due and payable in full as at the date of termination.
      3. Within thirty (30) days of such termination, you will surrender and deliver to PENNEYS Hair Group without charge all materials supplied to you on behalf of PENNEYS Hair Group (whether or not PENNEYS Hair Group has received payment for such materials).
    4. On termination of this agreement, PENNEYS Hair Group may repurchase, at its own discretion, such of the Goods as it considers “resalable” or “re-usable”. PENNEYS Hair Group will repurchase such Goods at the price paid for them by you, less a restocking fee of between 20 per cent and 50 per cent (“Restocking Fee”). The Restocking Fee charged will vary according to the condition of the Goods returned and in each case shall be determined by PENNEYS Hair Group at its sole discretion.

Liability

    1. Nothing in these terms and conditions shall limit or exclude PENNEYS Hair Group liability for death or persona injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable): fraud or fraudulent misrepresentation; breach of the terms implied by section 12 of the Sale of Goods Act 1979; or defective products under the consumer Protection Act 1987.
    2. Subject to clause 7.1 above:
      1. PENNEYS Hair Group shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with these Terms and Conditions; and
      2. PENNEYS Hair Group total liability to you in respect of all other losses arising under or in connection with these Terms and Conditions, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the sum paid by you for the relevant order.

Important

    1. These terms and Conditions replace in their entirety all previous PENNEYS Hair Group Terms and Conditions, All such previous Terms and Conditions are hereby rendered null and void, unless and to the extent that they form the subject matter of any current or pending legal proceedings.
    2. The laws of England and Wales shall apply to these Terms and Conditions and you agree to submit to the exclusive jurisdiction of the courts of England and Wales.
    3. If any dispute arises out of this agreement the parties shall attempts to settle it through mediation in accordance with the Model Mediation Procedure of the Centre for Dispute Resolution (CEDR). To initiate the said mediation a party must give written notice to the other party requesting mediation in accordance with this clause.
    4. You acknowledge that PENNEYS Hair Group specialises in the supply of Products or Accessories and business education, for use and retail sale by Authorised Stockists Salons only. Sale of Products or Accessories other than for the use and retail sale by Authorised Stockist Salons amounts to diversion ( for example sale to retail outlets, including but not limited to, chemists, supermarkets or wholesalers amounts to diversion) and that diversion seriously damages the reputation of the brands of the Products supplied to you and interferes with PENNEYS Hair Group business and the business relationship between other Authorised Stockist Salons and its clients. You agree that in addition to exercising our rights under clause 8.1 above PENNEYS Hair Group is entitled to:
      1. Inspect and/or audit all books and records (in whatever form they are kept, whether written, electronic or other) relating to this agreement, including those kept by its employees, agents and its advisers. You will make available the above mentioned books and records to PENNEYS Hair Group within 5 business days of written notice from PENNEYS Hair Group for the last two twelve month periods completed and the current agreement year; and
      2. An immediate injunction to prevent such diversions and to damages, as well as the reasonable legal fees and other costs PENNEYS Hair Group thereby incurs.
    5. A waiver of any breach of default of any term and condition of this agreement by either party shall not be construed as an intention by that party to waive that or any other terms or conditions herein in future. No delay or omission on the part of either party to exercise or avail itself of any right, power or privilege it may have under this agreement shall operate as a waiver to current or future breaches by either party of any term or condition herein.
    6. PENNEYS Hair Group may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under these Terms and Conditions. You may not assign, transfer, charge, subcontract or deal in any other manner with all or any of your rights or obligations under these Terms and Conditions without the prior written consent of PENNEYS Hair Group.
    7. Except as set out in these Terms and Conditions, any variation, including the introduction of any additional terms and conditions, shall only be binding when agreed in writing and signed by PENNEYS Hair Group.
    8. No term of this agreement shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person who is not party to this agreement, but this does not affect any right or remedy of a third party which exists or is available apart from under that Act.
    9. If any provision of this agreement is found by any court or other administrative body of competent jurisdiction to be invalid or otherwise unenforceable, those provisions unaffected by the said invalidity or unenforceability shall remain in full force and effect.


The above terms and conditions are up to date and in force. they apply to all orders made with penneys hair group whether such orders are placed by order form, telephone or by other means.

Again thank you for choosing PENNEYS Hair Group.

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