DATE OF LAST REVISION: 01/06/2022
1. THESE TERMS AND CONDITIONS
1.1. These website terms of sale (“Supply Terms”) set out the basis on which we supply our products to you via the website www.360optimumhair.co.uk (our “Site”).
1.2. When you buy something from our Site, you demonstrate that you accept these Supply Terms and that you agree to abide by them.
1.3. Please take some time and read these Supply Terms carefully before you place your order. You will find out who we are, how we provide products to you, how we can change or end our contract with you, what to do if there is a problem and lots of other important information.
1.4. If for any reason you do not agree to these Supply Terms, you must not purchase products from our Site.
2. INFORMATION ABOUT US
2.1. Our Site is owned and operated by 360 HAIR GROUP LTD (under the trading name of 360 OPTIMUM HAIR) (“360 HAIR GROUP”, “we”, “us” or “our”). We are a company incorporated in England and Wales under company number 10782050. Our registered office address is: 10 Shingle Road, Shoreham-By-Sea, England, BN43 5RH. We are a limited company.
2.2. You can CONTACT US us using the following email address: hello@360optimumhair.co.uk
2.3. If we need to contact you for any reason we will do so by phone, email or post to the number or address that you provided in your order. When we say “writing” or “written” in these Supply Terms, this includes emails.
3. HOW WE MAY USE YOUR PERSONAL INFORMATION
3.1. When you submit an order you may will need to provide us with information about yourself if you have requested a consultation. We use the information: to review your medical information (eg. your personal medical details (age, weight, blood pressure information) and the information submitted in a medical questionnaire or verbally via a phone appointment); to process your payment for the products (e.g. your billing address and credit card details, for which we store only the last four digits of your payment card); and if you agreed to this when ordering, to give you information about similar products that you might like – you can stop receiving this information at any time by contacting us.
3.2. Our Privacy Policy sets out the terms on which we process any personal data we collect from you, or that you provide to us. By purchasing products from our Site, you consent to such processing and you warrant that all data provided by you is accurate.
4. OUR CONTRACT WITH YOU AND RETURNS
4.1. After you have placed your order we will email you to confirm that we have received your order.
4.2. If we are unable to accept your order, we will let you know and you will be refunded in full to the same payment card. Sometimes we also cannot accept orders because the product is out of stock, because of unexpected limits on our resources, because we have noticed an error in the price or description of the product or because we are unable to meet a delivery deadline that you have specified.
4.3. Refunds take up to 10 working days to appear in your bank account.
4.4. Products are delivered within the UK only. We reserve the right to accept orders from outside the UK at our discretion. You must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable or responsible if you break any such law.
4.5. Please note that customs, duty and import fees (including tariffs and tax) (“Fees”) may apply if your products are shipped to a destination outside of the UK or EU. These Fees are not included in our delivery charges. Products are delivered duty unpaid. This means that we are responsible for transportation costs in the delivery of the products but not for paying any Fees relating to your product(s) which are imposed at the destination. You are responsible for paying all such Fees directly to the relevant authorities.
4.6. Your transaction may be subject to SCA (Secure Customer Authentication) when you purchase from us, this is at our discretion until UK regulation is confirmed and enforced. Any transactions related to recurring orders, or new orders with the same details, will not use SCA if the original payment was taken without it.
5. SUBSCRIPTION
Products can be sold to you as a subscription as follows:
5.1. On placing an order for a product subscription service, you are agreeing to a monthly rolling contract. There is no minimum time constraint, however you must pay for the items you receive. You provide us with a continuous payment authority to charge your bank or payment card for the specified amount on approval of your order and at monthly intervals following such approval date. Payments may be taken via GoCardless, PayPal, Square, Klarna and Clear Pay.
5.2. Your subscription expires upon you contacting us with a minimum of 2 weeks’ notice before the payment date. You can start the process by emailing hello@360optimumhair.co.uk
5.3. You will receive an email to confirm your subscription has been created.
5.4. You can cancel your subscription at any time on notice to us.
5.5. We reserve the right to cancel your subscription and not to supply you with any further products if you notify us of any significant side effects or adverse change in your medical condition and we shall cancel your subscription if you inform us that you do not wish to receive further products.
5.6. Once we have confirmed we have received your cancellation notice you will not be charged for any further supply and no further products will be dispatched to you.
5.7. If your subscription is terminated, payments received relating to dispatched products will not be refunded.
6. OUR PRODUCTS
6.1. The images on our Site are for illustrative purposes only. Your product may vary slightly from the Site images.
6.2. All products shown on our Site are subject to availability.
6.3. The information provided about the products is intended to be used for educational or general informational purposes only. It is not aimed at providing specific advice to any individual and should not be relied upon by you in making (or refraining from making) any decisions regarding your health or wellbeing. Please consult with a doctor or other health care practitioner before taking or refraining from any course of action or treatment.
6.4. On receiving your order, and before using any product, you should carefully read any information which accompanies the product (including but not limited to the manufacturer’s guidelines) and you acknowledge and agree that you will only use the product in accordance with such information. Any failure to follow such information is at your own risk.
6.5. You should stop using products and seek immediate advice from a doctor or other health care practitioner if you experience any significant side effects before using the products again.
7. YOUR RIGHTS TO MAKE CHANGES
If you want to make any changes to your order please get in touch. If the change you have asked for is possible, we will let you know about any changes we need to make to the price of the order, the timing of delivery or anything else which is different as a result of the change. We will also check whether you want to go ahead with the order on this basis. If we cannot make the change or you are not happy with the consequences of making the change, you may want to end the contract (see paragraph 9).
8. DELIVERY, SHIPPING POLICY AND HOW WE WILL PROVIDE THE PRODUCTS
8.1. Our delivery charges are set out on the Site.
8.2. Our usual UK SHIPPING POLICY is 3-5 working days. During the shipping process we will let you know when your order has been dispatched via email. Our usual UK delivery service is via Royal Mail or DPD, but we have the right to use an alternative courier.
8.3. You agree that a signature will not be required on receipt of delivery. If no one is available at your address to take delivery and it is not possible to post the parcel through the letter box the courier may, according to their policies, either leave you a note informing you how to rearrange delivery or leave your parcel with a neighbour.
8.4. If our supply of the products to you is delayed by any event that is outside our control then we will let you know as soon as we can but we are not responsible for delays that are outside our control.
8.5 International shipping:
We advise our overseas customers (including Europe) to note that orders shipped overseas are sent on a delivery duty unpaid basis (also known as delivered at place). Please check with your local government customs office, prior to placing an order, if you need to pay import duty or any additional taxes that may apply to your country of delivery.
360 Hair Group Ltd / 360 Optimum Hair does not accept any liability for additional taxes and charges relating to clearing your goods through customs.
These are the responsibility of the customer. This also applies to goods returned by the customer.
LATE DELIVERY
8.6. If we miss the delivery deadline then you can treat the contract for sale of the product as at an end if either (a) we have refused to deliver the products; or (b) you told us, before we accepted your order, that delivery before the delivery deadline was essential.
8.7. If you do not wish to treat the contract as terminated, or do not have the right to do so under paragraph 8.5, you can set a new, reasonable deadline for delivery.
8.8. If you do decide to treat the contract as at an end under paragraph 8.5 you can cancel your order for any of the products or reject products that have been delivered. You also have the option of rejecting or cancelling the order for some of the products. When you have let us know we will then refund any sums you have paid to us for the cancelled products (including any delivery charges). If the products have already been delivered to you, you must post them back to us within 30 days or allow us to collect them from you. We will pay the costs of postage or collection. Please email us at hello@360optimumhair.co.uk for a return label or to arrange collection.
FAILED DELIVERY
8.9. If no one is available at your address to take delivery and it is not possible to post the parcel through the letter box the courier may, according to their policies, either leave you a note informing you how to rearrange delivery or leave your parcel with a neighbour. Where the parcel is taken to the delivery depot, if you do not then either collect the products from a delivery depot or contact us to re-arrange delivery, we will contact you for further instructions and details (including details of any additional delivery costs). If we are unable to contact you or re-arrange delivery or collection, we may end the contract and paragraph 9 (Our rights to end the contract) will apply.
OWNERSHIP
8.10. The product(s) will be your responsibility either from the time of delivery to the address you gave us or the time of collection from us. You own the product(s) once we have received payment in full following acceptance of the order.
SUSPENDING THE CONTRACT
8.11. We may have to suspend the supply of a product to:
8.11.1. manage a technical problem or to make minor technical changes; or
8.11.2. make any required updates to the product to reflect changes in relevant laws and regulatory requirements.
8.12. We will contact you to tell you we will be suspending supply of the product. You may contact us to cancel your order if we suspend it, or tell you we are going to suspend it, for a period of more than 30 days. We will refund any sums you have paid in advance for the product.
8.13. If you do not pay us for the products when you are supposed to (see paragraph 13.2) and you still have not paid us within 10 days of us reminding you to do so, we may suspend supply of the products until you have paid us any outstanding amounts. We will let you know if we do suspend the supply of the products.
9. YOUR RIGHTS TO END THE CONTRACT
9.1. Your rights if you decide to end the contract with us will depend on what product you have bought, if there is anything wrong with it, how we are performing our obligations and at what point you decide to end the contract:
9.1.1. if you want to end the contract because of something we have done see paragraph 9.2;
9.1.2. if you have just changed your mind about the product, see paragraph 9.3. For safety reasons, we do not accept returns of opened or used products;
9.1.3. if what you have bought is faulty or does not match the description provided online you may have a legal right to end the contract, to get the product repaired or replaced, or to get some or all of your money back, see paragraph 12;
9.1.4. cancelling the order, see paragraph 9.4.
9.2. Is it something we have done? If you end the contract because of one of the reasons described below, it will end immediately and you will be refunded in full for any products which have not been provided. It is possible that you may also be entitled to compensation. The reasons are:
9.2.1. we have told you about a change to the Supply Terms which you do not agree to;
9.2.2. there was an error in the price or product description on our Site and you do not wish to proceed with your order;
9.2.3. we have let you know that supply of the products may be significantly delayed because of events outside our control;
9.2.4. for technical reasons the supply of the products has been suspended for more than 30 days; or
9.2.5. we have done something which gives you a legal right to end the contract.
9.3. Have you changed your mind? If you are unhappy with the products please do let us know.
You have 14 days to change your mind about the products beginning after the day you receive the products, unless they are split into several deliveries over different days. In this case you have until 14 days after the day you receive the last delivery to change your mind about the products. This excludes sealed products which are not suitable for return due to health or hygiene reasons if unsealed after delivery (unless these items were damaged or faulty when delivered to you or have been incorrectly delivered).
9.4. Cancelling your order before they have been sent. You can cancel your order for products up until the point where the products have been sent.
- HOW TO A THE SUBSCRIPTION WITH US
10.1. If you want to end a subscription, please let us know by emailing us at hello@360optimumhair.co.uk
10.2. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us or arrange for a collection. Please email us at hello@360optimumhair.co.uk to be provided with the returns address. You must post them back to us at the address provided by us.
10.3. If you are exercising your right to change your mind you must return the products within 14 days of telling us you wish to end the contract.
COSTS
10.4. If you have changed your mind and the products are unopened and unused you must pay the costs of return. We recommend using a tracked service.
10.4.1. if the products are faulty or do not match the description provided online; or
10.4.2. if you are ending the contract because of one of the reasons listed in the paragraph “Is it something we have done?”
In these circumstances we may cover the costs of the return and supply you with instructions on how to organise this.
RETURNS AND REFUNDS
10.5. If you are entitled to a refund, the price paid for the products will be refunded to you by the same method that you used to pay. We may make some deductions from the price, as described below.
10.6. If you have changed your mind and the products are unopened and unused you must pay the costs of return. We recommend using a tracked service.
Returned items must be unused and in their original packaging. If we refund you the price paid before we are able to inspect the products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
10.7. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days from the day on which we receive the product back from you.
TO START A REFUND PLEASE EMAIL: hello@360optimumhair.co.uk with the subject line ‘REFUND REQUEST’ and ensure you include your order number, order date, and full name and address within your email’ We will provide you with the address to send the return to. We cannot offer a pre-paid label.
- OUR RIGHTS TO END THE CONTRACT
11.1. We may also end the contract in some situations including if (a) you fail to pay us when payment is due and you still do not make payment within 10 days of us reminding you that payment is due; or (b) you do not allow us to deliver the products to you or collect them from us within a reasonable time.
11.2. If we end the contract in the situations set out in paragraph 11.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the costs we will incur as a result.
12. IF THERE IS A PROBLEM WITH THE PRODUCT
12.1. Please contact us if you have any questions or complaints about the product. You can email our customer service team at hello@360optimumhair.co.uk
12.2. We have a legal duty to supply products that are in conformity with this contract. Legally the products you receive must be as described, they must be fit for purpose and they must be of satisfactory quality.
12.3. There are some exceptions to these legal rights. For information please visit the Citizens Advice website www.adviceguide.org.uk or call 03444 111 444.
12.4. If you wish to exercise any of these legal rights to reject products, you must either post them back to us or allow us to collect them. We will pay the costs of postage or collection. Please email us at hello@360optimumhair.co.uk to discuss the returns procedure in this case.
- PRICE AND PAYMENT
13.1. The price of your product will be set out on the order pages when you place your order. We take care to make sure that the price of the product advised to you is correct. However, it is always possible that something may be incorrectly priced. We will contact you if the price you have been given is wrong and ask you whether or not you want to continue with your order.
13.2. We accept payment by any major credit or debit card. You must pay for the products before we dispatch them. If you think a charge is wrong, please contact us promptly to let us know.
14. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
14.1. We only supply products for domestic and private use. We are not liable for any business losses. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14.2. Subject to clause 14.4, our maximum liability to you in relation to any order for products will be the amount equal to the price of the products you have ordered from us.
14.3. We are not responsible for any loss or damage that is not foreseeable.
14.4. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, for fraud or fraudulent misrepresentation, for breach of your legal rights in relation to the products (including the right to receive products which are as described, of satisfactory quality, fit for any particular purpose made known to us).
15. WRITTEN COMMUNICATION
Applicable law requires that some of the information or communications we send to you should be in writing. When using our Site, we will contact you by e-mail or provide you with information by posting notices on our Site. You agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
16. OTHER IMPORTANT TERMS
16.1. We may transfer our rights and obligations under these Supply Terms to another organisation.
16.2. The contract for the sale and supply of products is between you and us. Other than you, the hair loss clinic or 360 HAIR GROUP LTD, no other person shall have any rights to enforce any of its terms.
16.3. Each of the paragraphs of these Supply Terms operates separately. If any of them are deemed unlawful in any court of relevant authority, the remaining paragraphs will remain in full force and effect.
16.4. If we delay in taking steps against you when you break this contract, that will not mean that you do not have to do what we ask in order to remedy your breach and it will not prevent us taking steps against you at a later date.
16.5. These Supply Terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts or in the courts of the EU country in which you live.
16.6. Alternative dispute resolution is a process where an independent body considers both sides of a dispute and helps to resolve it, without having to go to court. If you are unhappy with how we have handled any complaint, you may want to contact an alternative dispute resolution provider. Disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage.
CANCELLATION FORM (FOR PRODUCT SUBSCRIPTIONS)
(Complete and return this form to hello@360optimumhair.co.uk only if you wish to withdraw from the contract)
To 360 HAIR GROUP LTD
I/We [] hereby give notice that I/We [] cancel my/our [] contract of sale of the following products [],
Ordered on []/received on [],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
Date
[*] Delete as appropriate