Terms and Conditions of Sale:
Welcome to Urban Halo Dreadlocks and Braiding and the Urban Halo Merchandise online store.
Definitions
The term “Urban Halo Dreadlocks and Braiding” refers to the owner of the alternative hairdressing business bearing this name, whose registered office is 9 Angerton Avenue, Shiremoor, Newcastle upon Tyne, Tyne and Wear NE27 0TT.
The terms "Urban Halo Merchandise”, “UHM”, “UHM Dreadlock and Piercing Store”, “online store” and “eBay store” refer to the owner of the merchandise sales business and online store bearing these names, whose registered office is 9 Angerton Avenue, Shiremoor, Newcastle upon Tyne, Tyne and Wear NE27 0TT.
The terms “Urban Halo”, “seller”, “ourselves”, “us” or “we” (without distinction between the two businesses) refer to the Urban Halo Dreadlocks and Braiding and Urban Halo Merchandise businesses, both together and/or severally.
The terms "you", “client(s)” or “buyer(s)” refer to the user(s) or customer(s) of either or both of the Urban Halo businesses.
The terms “party” shall mean either the client or Urban Halo, and “parties” shall mean the client and Urban Halo collectively.
The term “conditions”, “policies” or “this document” refer to the Terms and Conditions and related policies set out in this document as well as our Terms and Conditions of website usage and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the client and Urban Halo.
The terms “goods”, “product(s)”, “order(s)”, “stock”, “purchase(s)”, “merchandise” or “item(s)” refer to any or all item(s) purchased from Urban Halo by you.
The term “services” shall mean the services to be provided/performed by Urban Halo as identified in the contract. Services shall include, without limitation, any service Urban Halo performs for you and the content offered by us on the website. Urban Halo may change, suspend or discontinue services at any time, including the availability of any stock or goods related thereto.
The term “price” shall mean the price(s), charge(s) or rate(s) specified in the agreement.
The term “contract” or “agreement”, refers to the agreement that you have confirmed to buy goods and/or services from Urban Halo, as detailed in any form of communications listed later on in this document.
The terms “business day(s)” or “working day(s)” shall mean from Monday to Saturday, from 9am until 5pm, excluding bank holidays and days where the online store is listed as closed.
For the purposes of this document, the masculine shall include the feminine and the neutral, and the singular shall include the plural, and vice versa.
Basis of sale and service
By agreeing to use our services or confirming to buy any item listed through/with/from ourselves either directly, via the website www.urban-halo.com, or within UHM Dreadlock and Piercing Store, which is located within the UK eBay website www.ebay.co.uk, you are agreeing to comply with and be legally bound by the following terms and conditions of sale, which together with our privacy, payment, delivery and returns & cancellations policies govern Urban Halo Dreadlocks and Braiding and Urban Halo Merchandise’s relationship with you in relation to the purchase of goods and/or services by you, the buyer.
The headings in these conditions are for convenience only and shall not affect their interpretation.
"Urban Halo Merchandise" and "Urban Halo Dreadlocks and Braiding" may change these terms and conditions from time to time by updating the website www.urban-halo.com. You should check this page from time to time to ensure that you are happy with any changes. These conditions are effective from 1st November 2008. (Last updated Jan 2015)
The Goods
The Goods shall be supplied in accordance with the description contained in the agreement.
Urban Halo shall sell the goods to you in consideration for the price in accordance with the agreement as accepted by us.
We reserve the right to change the specification of the goods if necessary to comply with any applicable legal requirements or where such changes are immaterial to the contract.
The Services
Urban Halo shall, in consideration of the price being paid in accordance with the agreement will provide the services expressly identified in the agreement.
Urban Halo will use reasonable care and skill to perform the services identified in the agreement.
The client agrees that the services provided are set within the parameters of a working budget. Future unknown price increases on stock and materials etc by third parties may influence this budget, however Urban Halo will endeavour to maintain the service agreed to the best of its ability, and any price increases will be agreed with the client before work takes place.
Price
The price of the goods and/or services shall be the price listed in the agreement or such other price as may be agreed in writing by Urban Halo and you, the client.
Where we have quoted a price for the agreed services other than in accordance with Urban Halo’s published price list, the price quoted shall be valid for a time period that Urban Halo deems fair, and shall not be valid for any agreement(s) with other client(s) unless expressly stated in their agreement(s) with Urban Halo.
The price is inclusive of any applicable value added tax excise, sales or taxes or levies of a similar nature which are imposed or charged by any competent fiscal authority in respect of the goods and/or services.
Payment
Payment Terms for sales through our online store:
All prices stated are fully inclusive of VAT (where relevant) and other expenses for the goods themselves, with delivery charges listed alongside all items.
Payments will be accepted by PAYPAL ONLY unless otherwise specified in the item description.
Full payment must be received within 7 days of confirming to buy an item, and the goods specified shall remain the property of Urban Halo Merchandise until said payment has cleared. If you are unable to pay for an item within this timescale, please notify us by email to info@urban-halo.com or via the eBay “Contact the seller” or “Ask a question” message links on the related listing and await agreement (if granted) from ourselves before committing to buy, as doing so constitutes a legally binding contract. If full payment has not been received by the end of the 7 day period, a non-paying buyer dispute will be raised.
We recommend that you read our Terms & Conditions of Sale in full before making a purchase.
Payment terms for all other sales of goods and/or services:
Where payment is accepted by other means for services and/or goods, the client agrees to pay the price in full on ordering, as per their agreement with Urban Halo and these terms and conditions. Payments must be in cleared funds before any services or deliveries will take place.
Urban Halo shall be entitled to render an invoice for the price plus travel, delivery and/or any other applicable charges on confirmation from the client to buy the goods or services within the agreement.
All payments shall be made to Urban Halo as indicated and agreed upon in the contract agreed between the client and seller.
The time of payment shall be of the essence of these terms and conditions. If the client fails to make any payment on the due date in respect of the price or any other sum due under these terms and conditions then Urban Halo shall, without prejudice to any right which the seller may have pursuant to any statutory provision in force from time to time, have the right to charge the client interest on a daily basis at an annual rate equal to the aggregate of 4% per cent and the base rate of HSBC from time to time on any sum due and not paid on the due date. Such interest shall be calculated cumulatively on a daily basis and shall run from day to day and accrue after as well as before any judgement.
Performance
Urban Halo will endeavour to carry out all services to the best of our ability and within the descriptions given and timescales allotted and agreed with the client in the contract. If performance of the services in question is not possible for whatever reason, Urban Halo will contact you at their soonest opportunity to offer alternative arrangements or a full refund if payment has already been made.
Delivery
Bought items will be dispatched within one working day of full payment being received and cleared, and will be sent to UK ADDRESSES ONLY. Urban Halo shall use its reasonable endeavours to deliver the goods within this time, but if delivery within this timescale is not possible for whatever reason, Urban Halo Merchandise will contact you at their soonest opportunity to offer alternative arrangements or a full refund.
Please allow 2-4 working days for delivery from the despatch date. All items are posted by either next day recorded delivery or next day special delivery via Royal Mail unless otherwise stated. Once they have been dispatched, the ownership and risk involved in the goods will pass to you, the buyer. Please ensure that there will be someone at the delivery address to sign for the goods, as unfortunately we will have to re-charge buyers for the re-posting of any returned orders. Orders will be deemed to have been received if sent by first class recorded delivery, special delivery or standard first class post, two business days after posting (exclusive of the day of posting).
For online store users - please keep an eye on the shop front page for our current postage saver/combined postage offers or free gifts, as well as any dates when we will not be dispatching items due to bank holidays or store holidays.
If you wrongfully refuse delivery of any goods, Urban Halo may on written notice sell them in its discretion and may (without prejudice to any other remedy) charge you its reasonable costs of return, storage and insurance as appropriate. If you have already paid for the goods, Urban Halo will refund you the sale price of the item(s) excluding delivery costs and any costs related to the goods return to ourselves.
Non-Delivery of Goods and Services
If the seller fails to deliver the goods and/or services or any of them within the delivery timescale other than for reasons outside our reasonable control or the client’s or the carrier’s fault:
If Urban Halo delivers the goods and/or services at any time thereafter we shall have no liability in respect of such late delivery, but may offer some kind of goodwill gesture to compensate; if the client gives written notice to Urban Halo within 28 business days after the end of the delivery timescale and the seller fails to deliver the goods and/or services within 28 business days after receiving such notice, the client may cancel the order and Urban Halo’s liability shall be limited to the price paid for the item(s) plus postage costs charged at the time of sale.
Risk and Property
Ownership of and risk in the goods shall pass to you only when Urban Halo receives full cash or cleared fund payment of the price and any other payments then due from you to Urban Halo.
Copyright and Intellectual Property Notice
This website, online store and its content, including text, images of previous work and the Urban Halo angel characters and logos, are the copyright of Anna Holt, "Urban Halo Merchandise" and "Urban Halo Dreadlocks and Braiding" - © Anna Holt 2008. All rights reserved.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:
• you may print or download to a local hard disk extracts for your personal and non-commercial use only
• you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
Assignment
Urban Halo may assign the agreement or any part of it to any person, firm or company. The client shall not be entitled to assign the agreement or any part of it without the prior written consent of Urban Halo.
Returns & Cancellations Policy
All sold items (Except piercing/body modification items – please see separate note below)
We hope you have a positive, hassle free experience of shopping with us at Urban Halo Merchandise (UHM). If you are unhappy with your purchase or any aspect of our service please let us know and we will try to solve any problems with the minimum of fuss. Our working hours are 9am to 5pm, Monday to Saturday excluding bank holidays and days when the online store is closed.
In the unlikely event that you need to return your item(s), please contact us beforehand directly via email to info@urban-halo.com or on 07779 015836 within 14 days of receipt to let us know. Please state the item name, order number, date/method of payment and why you wish to send it back. You then have 7 days to return your item, in its original packaging and in saleable condition (except faulty item returns) to: Urban Halo Merchandise, 9 Angerton Avenue, Shiremoor, Newcastle upon Tyne NE27 0TT. We strongly advise that you use a recorded or special delivery postage service, as this will offer you protection in the case of items not being received by ourselves. Please note that you (the customer) are responsible for covering the costs of sending your item(s) back to us.
If the item to be returned is defective or there has been an error on our part (ie we have sent you the incorrect order), we will endeavour to send a replacement as soon as possible, if the stock is available, so please allow 2 to 3 working days for delivery once we have received the original item from you. Where replacement stock is not available, you will receive a full refund (including original and return postage charges) via PayPal within 2 working days of us receiving your returned purchase, or in the case of non online store clients, by cheque within 3 working days of receiving your returned item(s).
If you are returning your order for any other reason, and there has been no error on our part, we will be happy to refund you its sale price excluding postage charges within 2 to 3 working days of us receiving your returned purchase in saleable condition and in its original packaging.
Piercing/Body Modification items:
Please note that we cannot offer refunds/exchanges on piercing/body modification items for hygiene reasons, and that it is exempt from the right to cancel under the Consumer Protection (Distance Selling) Regulations 2000.
Because of this, please ensure you have checked both the listing picture and text (eBay) or images and text in your order confirmation email (non online store clients), so that know you are ordering the right type, quantity, material, colour and gauge/length/diameter/etc of item, as once the order is sent out mistakes cannot be rectified. If you are still unsure, please email us your query via the 'contact the seller/ask a question' links or via email to info@urban-halo.com prior to purchasing and we will try to answer it as quickly as possible.
In the highly unlikely occurrence of a fault with a piercing/body modification item you have received, please contact us directly by email to info@urban-halo.com or telephone 07779 015836 within seven days of receipt and we will try to resolve the matter with you wherever we can.
Customer’s Default
If the client fails to make any payment on the due date then, without prejudice to any other right or remedy available to the seller, Urban Halo shall be entitled to cancel the order or suspend any further services to the client, appropriate any payment made by the client (this payment is non-refundable) and cancel the client’s agreement (if one still exists), however the client is still liable for the full agreement value.
This condition applies if the client fails to perform or observe any of their obligations hereunder or is otherwise in breach of these Terms and Conditions or the agreement.
Liability/warranties
Your purchase of any of the goods or services provided by Urban Halo is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products or services website meet your specific requirements.
Except in respect of death or personal injury caused by the seller’s negligence, Urban Halo will not by reason of any representation, implied warranty, condition or other term, or any duty at common law or under express terms of the terms and conditions or agreement, be liable for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims which arise out of or in connection with the services provided.
In the extremely unlikely event of any breach of these Terms and Conditions by ourselves, the remedies to the other party will be limited to the price paid for the order in question, and Urban Halo Merchandise will not be liable for any other damages arising as a result.
You shall indemnify Urban Halo against all damages, costs, claims and expenses suffered by arising from loss or damage to any equipment (including that of third parties) caused by ourselves.
Urban Halo shall not be liable to the client or be deemed to be in breach of these terms and conditions by reason of any delay in performing, or any failure to perform, any of our obligations if the delay or failure was due to any cause beyond Urban Halo's reasonable control.
Urban Halo warrants that the goods shall in all material respects correspond to the description(s) given and be of satisfactory condition on delivery to the client. In the unlikely event that this warranty is not fulfilled, Urban Halo shall be entitled to remedy any such breach as far as practicable by replacing the Goods within a reasonable time at its own cost, on condition of receipt of the original item(s) from the client within 14 days of receipt by them.
All implied conditions, terms and warranties are excluded to the fullest extent permitted by law.
Comments, Compliments and Complaints
If you would like to comment upon, compliment or complain about any of our products or services, please contact Urban Halo either by email to info@urban-halo.com, or by telephone on 07779 015836. Your comments are valuable to us as they help us to maintain a high level of satisfaction for our customers, and to improve in any areas which have been brought to our attention.
All complaints will be dealt with as efficiently as possible and in a fair and confidential manner.
If you are considering leaving negative feedback regarding one or more of your purchases from the Urban Halo online store, please try to contact us directly first, as it may be the case that the matter can be easily resolved by our staff.
Communications
All communications between the parties about the agreement shall be confirmed in writing and delivered by hand or sent by first class post or sent by fax, electronic mail or text message to any address of the client and seller as set out in any document or communication which forms part of the agreement or such other address as shall be notified to ourselves by the client. Communications addressed to Urban Halo shall be marked for the attention of Anna Holt.
Communications shall be deemed to have been received: if sent by pre-paid first class post, two Business Days after posting (exclusive of the day of posting); or if delivered by hand, on the day of delivery; or if sent by fax, electronic mail or text message on a Business Day prior to 4.00 pm, at the time of transmission and otherwise on the next Business Day.
No purported amendment of the agreement shall be effective unless it is agreed by both parties in writing. All oral communication which is to form part of the agreement will be confirmed in writing by one of the above methods.
Force Majeure
In the event that either party (meaning Urban Halo or the client) is prevented from fulfilling its obligations under these terms and conditions or a contract/agreement by reason of any supervening event beyond its control including but not limited to war, national emergency, flood, earthquake, strike or crime, the party shall not be deemed to be in breach of its obligations under these terms and conditions or the agreement. The party shall immediately give notice of this to the other party and must take all reasonable steps to resume performance of its obligations.
If and when the period of such incapacity exceeds 6 months then the agreement shall automatically terminate unless the parties first agree otherwise in writing.
Waiver
No waiver by Urban Halo of any breach of the terms and conditions or agreement by the client shall be considered as a waiver of any subsequent breach of the same or any other provision.
Severance
If any part of the contract or terms and conditions is held invalid or unenforceable by any competent authority this shall not affect the validity or enforceability of the remainder.
Third Party Rights
The Contracts (Rights of Third Parties) Act 1999 shall not apply to this document or any agreement made between Urban Halo and the client(s).
Jurisdiction
This Agreement will be governed by and construed in accordance with the law of England and Wales and both you and Urban Halo agree to submit to the exclusive jurisdiction of the courts of England and Wales.
