Key Points - Unless you want to read the full terms and conditions below
OUR Responsibility
- To ensure information provided for each product is accurate and clear.
- To supply to you the product your ordered, as per the product description online.
- To ensure the product is supplied to you in good condition, carefully wrapped and protected against reasonable force.
- To process any returns or refunds in a timely manner after first completing the necessary quality checks.
YOUR Responsibility
- To read the product information carefully and ensure the product is right for your requirements
- To ensure you provide an accurate address and contact details for delivery to prevent delays, loss, misplacement or other issue.
- To check products on receipt and report any issues of damage or other defect to us immediately by phone (+31251 342 008) or email ([email protected])
- To request a return no later than 14 days of receipt and await confirmation before returning the product.
- To ensure the product is returned by recorded delivery, in a timely manner and in good condition.
- To allow time for us to complete the necessary quality checks on return and process a refund (minus any relevant charges) or replacement (usually 7 days)
That's about it really....feel free the read on.... we will treat you fairly.... all we ask is that you play your part in achieving a successful outcome!
Index:
Article 1 - Interpretations
Article 2 - Basis of the sale
Article 3 - Orders
Article 4 - Price of the goods
Article 5 - Terms of payment
Article 6 - Delivery
Article 7 - Risk and property
Article 8 - Warranties and liability
Article 9 - Right to Cancel
Article 10 - Communications
Article 11 - General
Article 1: Interpretation
1.1 In these Conditions:
‘Conditions’ means the standard Terms and Conditions of sale set out in this document;
‘Contract’ means the contract for the sale of the Goods;
‘Payment Card’ means the credit or debit card or other payment system chosen by you to be used as the method of payment for the Goods of which you have provided details to us when placing the Order;
'Delivery Area' means the address chosen by you for delivery.
'Goods' which you have ordered including any instalment of the goods or any parts for them which are available for purchase from our Web Site in accordance with the Conditions;
‘Information System’ means a system for generating, sending, receiving, storing or otherwise processing electronic communications;
‘Order’ means any order placed by you with us for the supply of Goods;
‘Order Form’ means the electronic order form completed and submitted electronically by you;
‘Regulations’ means the Consumer Protection (Distance Selling) Regulations 2000;
'Web Site' our presence on the world wide web, currently accessible via the address: www.my-beard.com
1.2 Reference to any statute or statutory provisions shall be deemed to include any statutory modifications or re-enactments thereof or any rules or regulations made thereunder or any enactment repealing and replacing the act referred to.
1.3 Unless the context otherwise requires:-
1.3.1 words importing the singular shall include the plural and vice versa;
1.3.2 words importing the masculine gender shall include the feminine gender and vice versa;
1.3.3 references to persons shall include bodies of persons whether corporate or incorporate.
1.4 Unless the context otherwise requires references to clauses shall be construed as references to clauses of these Conditions.
1.5 Headings are inserted for convenience only and shall not affect the construction or interpretation of these Conditions.
Article 2: Basis of the sale
2.1 We shall sell to you and you shall purchase only those goods which you have set out in an order and which have been accepted by us. We reserve the right to reject any order. Unless otherwise agreed in writing each such sale of Goods will be subject to these terms and conditions.
2.2 No Order submitted by you shall be deemed to be accepted by us unless and until confirmed by e-mail or in writing by us.
2.3 No variation to these Conditions shall be binding upon us unless and until agreed by e-mail or in writing by us.
2.4 Any error or omission in any information or document issued by us shall be subject to correction provided that the correction does not materially affect the contract.
Article 3: Orders
3.1 The quantity, quality and description of the Goods will be those set out in your Order (if accepted by us).
3.2 Orders are accepted at our sole discretion but are normally accepted if the Goods are available, the order reflects Current Pricing, you are based in a Delivery Area that we support and your Payment Card is authorised for the transaction.
3.3 You or we are entitled to withdraw from any contract in the case of obvious errors or inaccuracies regarding the Goods appearing on our website.
3.4 You shall be responsible for ensuring the accuracy of the terms of any Order submitted by you (including the delivery address), and for giving us any necessary information relating to the Goods within a sufficient time to enable us to perform the Contract in accordance with its terms.
3.5 The quantity, quality and description of and any specification for the Goods shall be those set out in the relevant pages of this site.
3.6 We reserve the right to make changes in the specification of the Goods which are required to conform with any applicable statutory or EC requirement.
Article 4: Price of the goods
4.1 The price of the Goods shall be the price set out on the relevant page of this site. We reserve the right to change the prices set out on this site provided that if we accept an order from you the price for the goods will be the price set out in the relevant range at the time the order is placed.
4.2 If the price of the Goods increases between the date we accept your Order and the delivery date, we will let you know and ask you to confirm by e-mail/in writing that the new price is acceptable. If it is not acceptable then you will, of course, have the option of cancelling the order.
4.3 The price of the Goods does not include insured postage or packaging. There will be an additional charge made relative to the size and amount of Goods insured for postage and packaging (excluding insurance). This charge will be clearly shown on the Order form.
4.4 The total price is inclusive of any applicable value added tax (VAT).
Article 5: Terms of payment
5.1 Upon providing us with details of the Payment Card and submitting the Order you :
5.1.1 confirm and undertake that the information contained within the Order is true and accurate and that you are duly authorised to use the Payment Card; and
5.1.2 authorise us to deduct from the Payment Card account the full price of the Goods and all other payments which may become due to us under the Contract.
5.2 If it is not possible to obtain full payment for the Goods from your account on delivery of the Goods to you, we can cancel the Order or suspend any further deliveries to you. This does not affect any other rights we may have.
5.3 Where Goods are returned by you in accordance with your rights under the provisions of Clause 9, we shall credit the Payment Card with the appropriate amount.
5.4 We will not pass your personal information on to any third party without your permission. Unless solely due to our negligence we cannot be held liable for any losses you may suffer. If in any event your payment card is used fraudulently you are entitled to cancel the payment and be reimbursed by the card issuer with out being charged for the loss.
Article 6: Delivery
6.1 Delivery of the Goods shall be made by us through our carrier to the address for delivery entered by you at the time of ordering and shown on the Order Form. It is important that this address is accurate. Once the Goods have been dispatched in accordance with your delivery instructions, you will be responsible for them. Our responsibility for everything other than damage due to our negligence or due to a manufacturing design or design fault will cease upon delivery.
6.2 We will do all that we reasonably can to meet the date given for delivery or, if no date has been agreed, within 30 days of the order date. We cannot be held responsible for delays beyond our control. If delivery cannot be made within 30 days of the given delivery date you will be entitled to either arrange a revised date or cancel the order and receive a full refund.
6.3 If the order is a multiple order and we are unable to make delivery of the whole order but are able to deliver part we will contact you, informing you of this, and delivery will be on a mutually agreed date. In this instance delivery will be said to be made in instalments. Each delivery shall constitute a separate contract and any failure by us to deliver any one or more of the instalments in accordance with these conditions, or any claim by you in respect of any one or more instalments will not entitle you to treat the contract as a whole as repudiated.
6.4 If we fail for any reason within our control to fully/partially deliver your Goods any reimbursement shall be no more than the price of the Goods, together with any delivery and/or reasonable return costs.
6.5 Either party is entitled to cancel the contract in respect of non-performance of obligations in relation to delivery. If cancelled we will refund you any monies already paid by you and any reasonable return costs incurred by you.
6.6 In the event that your order is returned to us by the assigned courier due to you failing to respond to a card left by either courier to contact them and arrange redelivery you will be responsible for paying additional monies to have your order redelivered. Redelivery charges are often higher than the standard charges applied when ordering online so please make sure you respond to cards left by couriers.
6.7 In the event that free delivery has been applied to an order (due to the sub-total of the order being above the assigned free delivery value assigned for your delivery area) and products are subsequently returned at the request of the customer which reduces the original order value to below the assigned free shipping value for that destination, then the customer will be responsible for payment of the original free shipping fee. In addition the customer is responsible for the cost of the secure postage for all returned products.
6.8 The Customer is responsible for clearing goods through customs within their country and for the payment of any import taxes/duties due. In the event that goods are returned, abandoned or otherwise destroyed or retained by customs due to failure of the customer to pay import taxes/duties the Customer will be responsible for payment of 100% of all costs incurred by Oils4life Limited in the return and restocking of goods.
6.9 Where (at the Customers request) MyBeard has purchased goods in quantities above our standard stock levels then, in the event of goods being returned, Mybeard will only refund up to the value of our maximum product size, minus any deductions required to cover the costs of restocking, return shipping charges and/or onward fees charge by our suppliers. Any refunds made to the Customer will take account of all deductions due.
Article 7: Risk and property
7.1 As soon as we have delivered the Goods or services, you will be responsible for them. If you delay a delivery or fail to respond to the courier cards left to advise that a delivery attempt has been made, our responsibility for everything other than damage due to our negligence will end on the date that the initial delivery attempt was made, as set out in the contract.
7.2 Subject to the provisions of clause 9 and notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, the property in the Goods shall not pass to you until we have received in cash or cleared funds payment in full of the price of the Goods. Goods supplied to you are not for resale.
7.3 Once your order has been dispatched we will send you an email notifying of the dispatch. From this date you will have a maximum of 14 days to notify us of non-delivery and/or any damage/fault with the product(s). In the event that you do not notify us, MyBeard will accept no liability for loss, damage or fault. Any exceptions to this are strictly at the discretion of us.
Article 8: Warranties and liability
8.1 Terms and conditions of this contract do not affect any additional rights you may have under a manufacturer’s warranty/guarantee. These are rights given to you by the manufacturer in addition to your statutory rights. Any additional rights given to you by the manufacturer in respect of Goods purchased are not incorporated into this contract.
8.2 As a consumer you have statutory rights regarding the return of defective Goods and claims in respect of losses caused by any negligence on our part or our failure to carry out our obligations. The terms and conditions of this contract do not affect your statutory rights. For further information regarding these rights contact Trading Standards or Citizens’ Advice Bureau.
8.3 IMPORTANT NOTICE: TIME LIMIT FOR NOTIFICATION OF CLAIMS
You are asked to examine the goods as soon as reasonably possible after delivery. Any claim by you based on any defect in the quality or condition of the Goods or their failure to correspond with specification must (whether or not delivery is refused by you) be notified to the company within 14 days from the date of delivery or within a reasonable time after discovery of the defect or failure if it was not apparent on reasonable inspection. Evidence of damages/defects must be provided (in the form of a photo or photos) by email in order for any claim to be processed. DO NOT TAMPER OR ALTER the products in any way until we have reviewed the photographs and advised of the actions to be taken. Do not dispose of the products or any of the packaging or documentation that accompanied your parcel, until advised by MyBeard.
8.4 Where a valid claim in respect of Goods delivered is notified to us within 14 days of the delivery date, or within a reasonable time if not apparent on reasonable inspection, you are entitled to:
reject the Goods and receive a full refund;
or have the Goods (or the part in question) replaced free of charge.
Any claims made after 14 days of delivery or exceeding a reasonable time of discovery, we shall be entitled to either:
replace the Goods (or the part in question) free of charge
or at our sole discretion refund to you the price of the Goods (or a proportionate part of the price) and we shall have no further liability to you.
8.5 Except in respect of death or personal injury caused by our negligence we will not be liable under this contract for any loss or damage caused by us or our agents in circumstances where:
i) there is no breach of a legal duty of care owed to you by us or by any of our employees or agents;
ii) such loss or damage is not a reasonably foreseeable result of any such breach;
iii) any increase in loss or damage resulting from breach by you of any term of this contract.
In the event that you are using the supply address in part for commercial purposes then no liability for loss of profits or other economic loss arising out of a breach of this agreement can be accepted.
8.6 Subject to our obligations, and your rights under the Regulations, we shall not be liable to you or be deemed to be in breach of the contract by reason of any delay in performing, or any failure to perform, any of our obligations in relation to the Goods if the delay or failure was due to any cause beyond our reasonable control.
8.7 We assume no responsibility for the contents of any other web sites to which this Web Site has links.
Article 9: Right to Cancel
9.1 You have a cooling off period of 14 days after the date on which you have received the Goods to cancel the Contract, and return the Goods at your cost and receive a full refund of the purchase price, minus the cost of any shipping charges incurred by MyBeard.
9.2 During the cooling off period any cancellation must be given by written notice by either party.
9.3 Goods must be returned complete, unopened and undamaged with all accessories and instructions. The original packing must be returned in reasonable condition.
9.4 The right to cancel this contract will not apply in respect of:
Personalised Goods or Goods made to your specification or in a quantity that exceeds our normal stock levels.
9.5 In the event that we supply substituted Goods to you in accordance with the provisions of Clause 2, your right to cancel is as set out as above except that the cost of returning the Goods shall be borne by us.
9.6 A restocking fee of 25% of the value of the products will be chargeable in circumstances where the Company has incurred costs in procuring, processing, preparing, packing or shipping the order. This charge will be declared to the customer and deducted from any refund payable to the customer. In the case of personalised blends the restocking fee will be 100% of the total value of the order (inc. shipping charges) as these products are not resaleble.
9.7 In addition to the restocking fee referred to in 9.6 above a charge will be made to cover the costs (in full) for any charges for processing the original payment and/or the refunded amount. This charge will be declared to the customer and discounted off the final payable refund.
9.8 A charge will be applied and discounted from any refund to cover the costs of the original postage/shipping and any return postage/shipping charges incurred by the Company. This charge will be declared to the customer and discounted off the final payable refund.
Article 10: Communications
10.1 Any communication sent electronically by e-mail or otherwise:
10.1.1 will be deemed to have been sent once it enters an Information System outside the control of the originator of the message;
10.1.2 will be deemed to have been received by the intended recipient at the time that in a readable form it enters an Information System which is capable of access by the intended recipient;
10.1.3 will be deemed to have been dispatched in the case of a business at its principal place of business and in the case of an individual where he or she ordinarily resides;
10.1.4 will be deemed to have been received in the case of a business at its principal place of business and in the case of an individual where he or she ordinarily resides.
10.2 To protect your own interests you should ask for a delivery receipt for any such and retain a hard copy of that delivery receipt and the original correspondence.
Article 11: General
11.1 Any communication sent by post will be deemed received by the intended recipient three days following mailing where sent by first class post or five days after mailing where sent by second class post.
11.2 The clauses of these Conditions and each sub-clause thereof are several and if any part of any clause or sub-clause shall be void, invalid or unenforceable then the remainder of such clauses or sub-clauses shall nevertheless be valid and enforceable.
11.3 No term of the Contract is intended to confer a benefit on, or be enforceable by, any person who is not a party to the Agreement (whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise).
11.4 If any provision of these Conditions is held by any court or competent authority to be invalid, unlawful or unenforceable in any jurisdiction in whole or in part, it will not affect the validity or enforceability of the other provisions of these Conditions and the remainder of the provision in question shall not be affected nor will it affect the validity, lawfulness or enforceability of that provision in any other jurisdiction.
11.5 We will try and solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings you must do so within The Netherlands.
11.6 The headings in these Conditions are for convenience only and will not affect their interpretation.