TASHAJACKS LIMITED

Terms and Conditions

1. Agreed Terminology

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all agreements:

 “Client”, “You” and “Your” refers to you, the person accessing and accepting the Company’s Terms and Conditions.

“The Company”, “Ourselves”, “Our, “We” and “Us”, refers to Tasha Jacks Limited, a company registered in England and Wales with the Company number 04637998 and our registered office at Oaklands The Street, Shorne, Kent, DA12 3EA. Our main trading address is: Tasha Jacks Limited, Oakland, The Street, Shorne, Kent, DA12 3EA. Our VAT number is 860 1044 63. We operate the website: https://www.tashajacks.com. We can be contacted by email via enquiries@tashajacks.com, or alternatively via telephone on 01474 823 666.

 “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves.

“Purchase Order” refers to the method of order in which a Client who has a registered account with us and whom we have pre-approved a 30-day credit account for can pay by a Purchase Order.

All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision for our products.

Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to the same.

2. Our Contract with You

Our contract: These Terms and Conditions (“Terms and Conditions”) apply to the order by you and supply of goods and/or services by us to you (“Contract”). No other terms are implied by trade, custom, practice or course of dealing. In entering into this Contract with us, you are deemed to have read and agreed to the following Terms and Conditions. 

Entire agreement: The Contract is the entire agreement between us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.

3. Privacy Statement

We are committed to protecting your privacy. Authorised employees within the company on a need-to-know basis only use information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers.

4. Disclaimer

Exclusions and Limitations

4.1 All content on our website and marketing materials, including product photos, logos, and text, is the intellectual property of the Company.  You may not use, reproduce or distribute this content without our written permission.

4.2 The information provided on our website or by the Company, is done so on a “as is” basis, to the fullest extent permitted by law.

4.3 The Company excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature.

5. Placing an Order and its Acceptance

5.1(a) Placing your order: Please note that orders can be placed through email, telephone or in our shop via our website. All Clients must have a qualifying trade account to place an order. If placing an order through email or telephone, we will generate an invoice for you and once you have confirmed your acceptance of our invoice, and payment is received in full, we will then start to process and prepare your order. Clients with a pre-approved 30 day credit account, orders will be processed on receipt of a Purchase Order Form.

5.1(b) Purchase Orders: Once we have received an order from you for goods and/or services, we will issue an invoice addressed to you. You must then supply us with a Purchase Order Form to the value of the invoice. This Purchase Order Form will have a unique reference number which we will subsequently add to our invoice.

 Each order is an offer by you to buy the goods and/or services specified in the order (“Goods”) subject to these Terms. 

5.2 Correcting input errors: Please check the invoice carefully before confirming it. You are responsible for ensuring that your invoice and order and any specification submitted by you is complete and accurate.

5.3 Acknowledging receipt of your order: After you place an order, you will receive an email from us acknowledging that we have received it, but please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 5.4.

5.4 Accepting your order: The Contract between you and us will only be formed, and the Order accepted, once payment has been received by us for the Goods. We will not start processing your Order until the stage at which we receive payment of our invoice in full, unless you have a 30 day credit account with us.

5.5 If we cannot accept your order: If we are unable to supply you with the Goods for any reason, we will inform you of this and we will not process your order. If you have already paid for the Goods, we will refund you the full amount including any delivery costs charged as soon as possible.

6. Our Goods and Colour Matching

6.1 Hair is specifically matched for each individual order.

6.2 The images of the Goods on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your devices’ display of the colours accurately reflects the colour of the Goods. The colour of your Goods may vary from those images.

6.3 If matching to a colour chart or images provided by the Client, an approximate colour match will be achieved. We suggest sending an actual sample of hair for us to match to when placing orders for the best colour match possible.

6.4 Please note that the colour codes which appear on a screen or our website may vary dramatically and therefore cannot be considered an accurate indication of the actual hair colour.

6.5 Although we have made every effort to be as accurate as possible, because our Goods are bespoke and high quality, all sizes, weights, dimensions and measurements indicated on our website have a 2% tolerance.

6.6 We reserve the right to amend the specification of the Goods if required by any applicable statutory or regulatory requirement.

7. Payments

7.1 Cash, Credit/Debit Cards, Bank transfer or through approved invoicing (PO accounts) are all acceptable methods of payment.

7.2 Payment is taken upon ordering and is required before delivery, unless a pre-approved credit account has been assigned to your account.

7.3 All Goods remain the property of the Company until paid for in full, unless your order has been placed through a Purchase Order.

7.4 Monies that remain outstanding by the due date will incur late payment interest at the rate of 2% above the prevailing Bank of England’s base rate on the outstanding balance until such time as the balance is paid in full and final settlement. We reserve the right to seek recovery of any monies remaining unpaid 30 days from the date of invoice via collection Agencies and/or through the Small Claims Court if the outstanding balance does not exceed £50,000. In such circumstances, you shall be liable for all additional administrative and/or court costs.

7.5 All prices are quoted in GBP Pounds Sterling. Please note that advertised prices do not include VAT, this will be added at 20%.  VAT is also charged at 20% on all deliveries made in the UK.  We are obliged to charge VAT on carriage as it is a service (Post and Packing) and therefore attracts tax according to HMRC regulations.

7.6 Since January 1st, 2021, the UK is no longer part of the EU and therefore customers outside of the UK will not be charged UK VAT at the point of sale but may be liable for tax and, or duty charges once the Goods have reached the destination country. These additional charges will be determined by the destination country and are to be borne solely by you the customer. If you refuse to pay the duty and the Goods are returned, you will be charged the Couriers return fee and charges, which will be deducted from your refund.  If Customs in the destination country seize, loose or destroy the order, we will not issue a refund.

7.7 Any discounts or promotions are applied at our discretion and may be withdrawn at any time.

7.8 All products are sold subject to availability.  We reserve the right to change product specifications or discontinue items at any time

8. Cancellation Policy

8.1 A minimum 24 hours’ notice of cancellation is required. Notification for instance, in person, via email, mobile phone ‘text message’, or any other means will be accepted subject to confirmation in writing. We reserve the right to levy an £80 charge to cover any subsequent administrative expenses.

8.2 Should you wish to amend or cancel your order (in the event of having made an incorrect purchase), we reserve the right to charge any relative labour costs incurred.

9. Complaints

9.1 In the event you have a complaint we ask you contact us via email within 28 days of receipt of the Goods.

9.2 Depending on the type of concern we will aim to respond within 48 hours and aim to come to a resolution within 7 days of a complaint being made.

10. Refunds and Exchanges

10.1 In the event of having made an incorrect purchase or unwanted products, you may return it unopened and unused in a resalable condition within 14  days for an exchange, credit or refund.  We reserve the right to levy a £80 charge to cover any subsequent administrative expenses and reserve the right to charge any relative labour costs incurred.

10.2 However, the right of a refund does not apply in the case of:

a) root hair dyes and ‘crazy’, very bold, or unique hair colours.

b) any Goods which become mixed inseparably with other items after their delivery.

c) the ‘Tasha Jacks’ tie on the hair becomes broken and/or is removed from the hair.

(d) the colour of the Goods once received varying from images of the Goods on our website, as per clause 6.2.

10.3 In the unlikely event of receiving faulty or damaged Goods, please return them to us within 14 days for a direct exchange.

10.4 Refunds or exchanged Goods will be issued within 7 days after we receive your faulty or unwanted items.

10.5 You will not be entitled to a refund of the shipping costs incurred in returning the goods to us unless the goods are deemed wrong, faulty or damaged.

10.6 All returned items must be sent using a registered guaranteed delivery service, whereby the Goods can be tracked.

10.7 If Goods are returned without any paperwork, we will not process your return. Please include your full name and address, contact telephone number, and a copy of your purchase invoice.

10.8 We reserve the right to impose a restocking fee where our returns policy is not met.

10.9 For International returns, the Goods must be returned within 14 days of receipt. You must contact us before returning Goods so that we can send you the appropriate paperwork for customs. If you do not contact us and return the parcel without appropriate paperwork, we will not refund any duties or taxes that we incur.

10.10 If an order is returned to us, due to the parcel being unclaimed or due to no one being able to sign/accept it, we will NOT cover the cost to re send it. If you would like your order to be re sent again, additional charges will be applied. 

10.11 If returning your order from outside the UK, please mark your parcel with the following: ‘RETURNED BRITISH GOODS’ & ‘NO VAT OR DUTY DUE’.

11. Trade Accounts

11.1 To qualify for our trade account you must be fully trained and qualified in the application of hair extensions, and/or wig making. You must be able to provide proof of your expertise before the approval of a trade account will be granted. You will not require a trade account if you are purchasing via our website.

11.2 We reserve the right to close your existing trade account if we determine that you should not have qualified for a trade account. We will contact you should we take the steps to close your existing trade account.

12. Customer Responsibility (Your Liability)

12.1 You are responsible for the way in which you use the Goods you purchase from us after they have left our premises.

12.2 You are responsible for any hair that has been applied or maintained incorrectly or is damaged due to any treatments carried out following the receipt of your Goods. We strongly advise that all professional products should be used by fully trained hair professionals.

12.3 You are responsible to care for the hair correctly. Factors such as fitting, personal use, maintenance, and environment may affect the hair, for which we bare no liability. We strongly recommend a thorough consultation be undertaken between client and professional hair extensionist/wig-maker prior to the application of hair.

13 Our Liability

13. 1 Reference to liability in this clause 13 includes every kind of liability arising under or in connection with the Contract including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.

13.2 We only supply the Goods for internal use by your business and you agree not to use the Goods for any resale purposes.

13.3 Nothing in these Terms of Conditions limits or excludes our liability for:

(a) death or personal injury caused by our negligence;

(c) breach of the terms implied by section 12 of the Sales of Goods Act 1979 (title and quiet possession);

(d) any other liability that cannot be limited or excluded by law.

13.4 Subject to clause 13.3, we will under no circumstances be liable to you for:

• (a) any loss of profits, sale, business or revenue; or
• (b) loss of business opportunity;
• (c) loss of anticipated savings;
• (d) loss of goodwill;
• (e) any indirect or consequential loss;

13.5 In addition to clause 13.3, we are not liable for allergic reactions, misuse or damage caused by improper handling of our products. No responsibility will be taken if the products that we have supplied are altered or modified in any way.

13.6 Our maximum liability will not exceed the purchase price of the product.

13.7 We do not guarantee specific results from using our products.

14. Dispatch and Delivery

14.1 Lead times will be provided upon ordering and will vary depending on stock levels and processing time. We will contact you with a Purchase Confirmation which will contain details of the estimated lead time.

14.2 Delivery is complete once the Goods have been dispatched by us. Once the Goods have been dispatched, they will be at your risk from that time. We are unable to guarantee performance of courier services and cannot be held liable for non-delivery of Goods faithfully dispatched. 

14.3. You own the Goods once the Goods have been dispatched, subject to clause 7.3.

14.4 If fitting hair to clients, we recommend that you do not book your client in until you have received and checked the goods ordered. Always allow yourself time to return / exchange Goods in accordance with clause 10 if they are considered incorrect.

14.5 If we fail to deliver the Goods, our liability is limited to the cost of obtaining replacement goods of a similar description and quality in the cheapest market available, less the price of the Goods. However, we will not be liable to the extent that any failure to deliver was caused by an Event Outside Our Control, or because you failed to provide adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.

14.6 If you fail to take delivery within 7 days after the day on which we notified you that the Goods were ready for delivery, we may resell part of, or all the Goods.

15. Event outside of our control

15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control) including but not limited to any Act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. If an Event Outside Our Control takes place that affects the performance of our obligations under the Terms and Conditions:

a) we will contact you as soon as reasonably possible to notify you; and

b) our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

You may cancel the Order affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will return (at our cost) any relevant Goods you have already received and we will refund the price you have paid, including any delivery charges.

 16. Termination

16.1 Without affecting any of our other rights, we may suspend the supply or delivery of the Goods to you, or terminate the Contract with immediate effect by giving written notice to you if:

a) you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within 14 days of you being notified in writing to do so;

b) you fail to pay any amount due under the Contract on the due date for payment;

c) you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or

d) your financial position deteriorates to such an extent that in our reasonable opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy.

16.2 Termination of the Contract shall not affect your or our rights and remedies that have accrued as at termination.

 17. Availability

Redistribution or republication of any part of our website, or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.

18. Log Files

We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and
troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.

19. Cookies

Like most interactive web sites this Company’s website or ISP uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting.

20. Links to our website

You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of our website you do so at your own risk and the exclusions and limitations set out above will apply to your use of our website by linking to it.

21. Links from our website

We do not monitor or review the content of other party’s websites which are linked to our website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of our site. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

22. Copyright Notice

Copyright and other relevant intellectual property rights exist on all text relating to the Company’s services and the full content of this website.

Our logo is a registered trademark of Tasha Jacks Ltd in the United Kingdom and other countries. The brand names and specific services of this Company featured on this web site are trade marked.

23. General

23.1   Communication

We have several different e-mail addresses for different queries. These and other contact information, can be found on our Contact Us link on our website or via Company literature or via the Company’s stated telephone, or mobile telephone numbers.

23.2   Waiver

Failure of either Party to insist upon strict performance of any provision of this or any Contract or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Contract. No waiver of any of the provisions of this or any Contract shall be effective unless it is expressly stated to be such and signed by both Parties.

23.4   Severance

Each paragraph of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

23.5   Third Party Rights

The Contract is between you and us. No other person has any rights to enforce any of its terms.

23.6   Variation

Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).

This Contract shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.

23.7   Notification of Changes

The Company reserves the right to change these conditions from time to time as it sees fit and your continued will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made via mailshot campaigns and social media pages. If there are any changes in how we use our site customers’ Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be advertised via mailshot campaigns and social media pages 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis.

These Terms and Conditions form part of the Contract between the Client and Us. Your accessing of this website and/or undertaking of a booking or Contract indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Contract contained herein. Your statutory Consumer Rights are unaffected.

• Confidentiality

We collect and store customer data in accordance with the Data Protection Act 2018 and UK GDPR. We do not share your personal data with third parties without your consent, except where required by law.

Client records are regarded as confidential and therefore will not be divulged to any third party, other than if legally required to do so, or via our campaigns, Facebook and Twitter feeds, marketed to you directly.

Clients have the right to request sight of, and copies of all Client Records we keep, on the proviso they’re given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Client’s with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.

We will not sell or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products and our own marketing to you.

We reserve the right to update or amend these Contract at any time. By purchasing from Tasha Jacks Limited, you confirm that you have read, understood and agreed to these Terms and Conditions.

23.9  Governing Law

These Terms and Conditions and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.