TERMS OF SUPPLY OF GOODS AND SERVICES
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) or courses or other services (Courses) listed on our website, www.rebeccaorme.co.uk, (our site) to you. Please read these terms and conditions (Terms) carefully before ordering any Products or Courses from our site. You should understand that by ordering any of our Products or Courses, you agree to be bound by these Terms.
You should print a copy of these Terms for future reference.
PLEASE NOTE: WE ARE NO LONGER AT 77 MILL STREET, KIDDERMINSTER.
1. INFORMATION ABOUT US
www.rebeccaorme.co.uk is a site operated by Rebecca Orme Nail Pro.
2. SERVICE AVAILABILITY
Our site is only intended for use by people resident in the United Kingdom. We do not accept orders from individuals outside these territories.
3. YOUR STATUS
By placing an order through our site, you warrant that:
•(a) you are a business and are entering a contract with us in the course of your trade;
•(b) you are resident in the United Kingdom.
•(c) you are accessing our site from one of those territories.
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
•4.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product or a Course. All orders are subject to acceptance by us. In the case of Products, we will confirm our acceptance of your order by sending you an e-mail that confirms that the Product has been dispatched (the Dispatch Confirmation). In the case of Courses, we will send you an email (the Booking Confirmation) confirming that you are officially booked onto the course, subject to your paying the full fees for the relevant course. The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation or Booking Confirmation.
•4.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation, or those Courses whose booking we have confirmed in the Booking Confirmation. We will not be obliged to supply any other Products or Courses which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation, or the booking of such Courses has been confirmed in a separate Booking Confirmation.
5. OUR STATUS
•5.1 Please note that in some cases, we accept orders as agents on behalf of third party sellers. The resulting legal contract is between you and that third party seller, and is subject to the terms and conditions of that third party seller, which they will advise you of directly. You should carefully review their terms and conditions applying to the transaction.
•5.2 We may also provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.
6. CONSUMER RIGHTS
•6.1 You acknowledge that you are not contracting as a consumer, and so do not have any consumer rights.
7. AVAILABILITY AND DELIVERY OF PRODUCTS
Your order for Products will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
8. RISK AND TITLE
•8.1 The Products will be at your risk from the time of delivery.
•8.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
9. PRICE AND PAYMENT
•9.1 The price of any Products or Courses will be as quoted on our site from time to time, except in cases of obvious error.
•9.2 These prices exclude any VAT and delivery costs, which will be added to the total amount due where required. We are currently not VAT registered.
•9.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation or a Booking Confirmation.
•9.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
•9.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
•9.6 Payment for all Products must be by credit or debit card or paypal. We accept payment by most major credit cards, including American Express. We will charge your credit or debit card when you place your order. As regards Courses, we accept payment by credit and debit card or PayPal and will take a deposit prior to our sending you a Booking Confirmation, and the remainder by whatever date is specified in the Booking Confirmation as the latest date for payment. Payment must be in cleared funds, so if sending a cheque please allow time for it to clear.
10. OUR REFUNDS POLICY IN RESPECT OF PRODUCTS
•10.1 Products are not offered on a sale or return basis. However, Products that have been ordered in error will normally be accepted for return within 7 days from the date of purchase, provided they arrive back to us in perfect, re-saleable condition. Also, Products which are damaged in transit may be returned provided you notify us of the damage within 3 working days of delivery. Three is a £2 large for returned items for restocking purposes.
10.2 In the unlikely event that your order has been handed to the courier/delivery service but is not received, we will refund your order only on/after 14days from date of order has passed.
•10.2 When you return a Product to us:
◦(a) because you have ordered it in error, we will process the refund due to you as soon as possible and, in any case, within a reasonable time of the day you have sent us back the Products in perfect condition. In this case, we will refund the price of the Product in full, excluding the cost of sending the item to you. You will be responsible for the cost of returning the item to us.
◦(b) for any other reason (for instance, because you claim that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. Products returned by you because of a defect will be refunded in full. We will also refund the costs you incur in sending the Products back to us by 1st class post, but if you choose to send them recorded delivery the extra costs of that will be borne by you.
•10.3 We will usually refund any money received from you using the same method originally used by you to pay for your purchase, minus the £2 restocking and processing fee.
Address for returns: Abstrakt Services Ltd, 79-81 Chester Street, Aston, Birmingham, West Midlands B6 4AE. Deliveries must clearly state the company name of Rebecca Orme Nail Pro, your name, your invoice number and reason for return.
11. OUR REFUNDS POLICY IN RESPECT OF COURSES
•11.1 Courses for which we have already sent you a Booking Confirmation may not be cancelled without you forfeiting the deposit you will have already paid. The booking deposit is non-refundable and non-transferable (except with our express written consent)
•11.2 Where you have booked a course without having the correct pre-requisites for the course, you will forfeit the deposit/fee you have paid.
•11.3 If a booked class cannot go ahead by the academy for any reason, you will be offered subsequent dates to fir your schedule.
•11.4 If you cannot attend a booked class for illness or other reasons you will be offered further dates for you can choose from, this offer will be extended once only, and a second confirmed booking will be the last opportunity to attend. If you cannot attend the second booking, you will be required to re-book and forfeit the deposit/fees already paid.
12. OUR LIABILITY
•12.1 We warrant to you that
◦(a) any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied;
◦(b) any Course supplied by us through our site will be delivered with reasonable skill and care, by properly trained staff.
•12.2 Our liability for losses you suffer as a result of us breaking this agreement including deliberate breaches is strictly limited to the purchase price of the Product or Course you purchased.
•12.3 This does not include or limit in any way our liability:
◦(a) for death or personal injury caused by our negligence;
◦(b) under section 2(3) of the Consumer Protection Act 1987;
◦(c) for fraud or fraudulent misrepresentation; or
◦(d) for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
•12.4 We are not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited to:
◦(a) loss of income or revenue;
◦(b) loss of business;
◦(c) loss of profits or contracts;
◦(d) loss of anticipated savings;
◦(e) loss of data; or
◦(f) waste of management or office time;
◦however arising and whether caused by tort (including negligence), breach of contract or otherwise [, even if foreseeable];
provided that this clause shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 12.1 or clause 12.2 or any other claims for direct financial loss that are not excluded by any of categories (a) to (g) inclusive of this clause 12.4.
•12.5 Where you buy any Product from a third party seller through our site, the seller’s individual liability will be set out in the seller’s terms and conditions.
13. IMPORT DUTY
•13.1 If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
•13.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
14. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, 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.
All notices given by you to us must be given to Rebecca Orme Nail Pro by email email@example.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 14 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
16. TRANSFER OF RIGHTS AND OBLIGATIONS
•16.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
•16.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
•16.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
17. EVENTS OUTSIDE OUR CONTROL
•17.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
•17.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
◦(a) Strikes, lock-outs or other industrial action.
◦(b) Illness or absence of all available Course instructors, where we have been unable to avoid the same after using our reasonable endeavours.
◦(c) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
◦(d) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
◦(e) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
◦(f) Impossibility of the use of public or private telecommunications networks.
◦(g) The acts, decrees, legislation, regulations or restrictions of any government.
•17.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
•18.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
•18.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
•18.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
20. ENTIRE AGREEMENT
•20.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
•20.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
•20.3 We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
21. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
•21.1 We have the right to revise and amend these terms and conditions from time to time.
•21.2 You will be subject to the policies and terms and conditions in force at the time that you order Products or Courses from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation or Booking Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
22. LAW AND JURISDICTION
Contracts for the purchase of Products or Course through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
Rebecca Orme Nail Pro Affiliate Program Terms of Service:
By signing up to be an Affiliate in the Rebecca Orme Nail Pro Affiliate Program (“Program”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
Rebecca Orme Nail Pro reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Program, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Program after any such changes shall constitute your consent to such changes.
Violation of any of the terms below will result in the termination of your Account and for forfeiture of any outstanding affiliate commission payments earned during the violation. You agree to use the Affiliate Program at your own risk.
- You must be 18 years or older to order from this website.
- You must live in the United Kingdom to be an Affiliate.
- You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- Your login may only be used by one person – a single login shared by multiple people is not permitted.
- You are responsible for maintaining the security of your account and password. Rebecca Orme Nail Pro cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all Content posted and activity that occurs under your account.
- One person or legal entity may not maintain more than one account.
- You may not use the Affiliate Program for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
- You may not use the Affiliate Program to earn money on your own Rebecca Orme Nail Pro product accounts.
Links/graphics on your site, in your emails, or other communications
Once you have signed up for the Affiliate Program, you will be assigned a unique Affiliate Code. You are permitted to place links, banners, or other graphics we provide with your Affiliate Code on your site, in your emails, or in other communications. We will provide you with guidelines, link styles, and graphical artwork to use in linking to Rebecca Orme Nail Pro. We may change the design of the artwork at any time without notice, but we won’t change the dimensions of the images without proper notice.
To permit accurate tracking, reporting, and referral fee accrual, we will provide you with special link formats to be used in all links between your site and the Rebecca Orme Nail Pro. You must ensure that each of the links between your site and the Rebecca Orme Nail Pro properly utilizes such special link formats. Links to the Rebecca Orme Nail Pro placed on your site pursuant to this Agreement and which properly utilize such special link formats are referred to as “Special Links.” You will earn referral fees only with respect to sales on a Rebecca Orme Nail Pro product occurring directly through Special Links; we will not be liable to you with respect to any failure by you or someone you refer to use Special Links or incorrectly type your Affiliate Code, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you pursuant to this Agreement.
Affiliate links should point to the page of the product being promoted.
Referral fees/commissions and payment
For a Product sale to be eligible to earn a referral fee, the customer must click-through a Special Link from your site, email, or other communications to https://rebeccaorme.co.uk and complete an order for a product during that session.
We will only pay commissions on links that are automatically tracked and reported by our systems. We will not pay commissions if someone says they purchased or someone says they entered a referral code if it was not tracked by our system. We can only pay commissions on business generated through properly formatted special links that were automatically tracked by our systems.
We reserve the right to disqualify commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.
Payments only begin once you’ve earned more than £20 in affiliate income. If your affiliate account never crosses the £20 threshold, your commissions will not be realized or paid. We are only responsible for paying accounts that have crossed the £20 threshold.
Identifying yourself as a Rebecca Orme Nail Pro Affiliate
You may not issue any press release with respect to this Agreement or your participation in the Program; such action may result in your termination from the Program. In addition, you may not in any manner misrepresent or embellish the relationship between us and you, say you develop our products, say you are part of Rebecca Orme Nail Pro or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement (including by expressing or implying that we support, sponsor, endorse, or contribute money to any charity or other cause).
You may not purchase products through your affiliate links for your own use. Such purchases may result (in our sole discretion) in the withholding of referral fees and/or the termination of this Agreement.
As long as your current affiliate earning are over £20, you’ll be paid each month. If you haven’t earned £20 since your last payment, we’ll pay you the following month after you’ve crossed the threshold.
Customers who buy products through this Program will be deemed to be our customers. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect Products that you have listed on your site, you should not display product prices on your site. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.
You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for:
– The technical operation of your site and all related equipment
– Ensuring the display of Special Links on your site does not violate any agreement between you and any third party (including without limitation any restrictions or requirements placed on you by a third party that hosts your site)
– The accuracy, truth, and appropriateness of materials posted on your site (including, among other things, all Product-related materials and any information you include within or associate with Special Links)
– Ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)
– Ensuring that materials posted on your site are not libelous or otherwise illegal
Compliance with Laws
As a condition to your participation in the Program, you agree that while you are a Program participant you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a Program participant. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program you will comply with all applicable laws (federal, state or otherwise) that govern marketing email, including without limitation, the CAN-SPAM Act of 2003 and all other anti-spam laws.
Term of the Agreement and Program
The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to https://rebeccaorme.co.uk, and all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. Rebecca Orme Nail Pro reserves the right to end the Program at any time. Upon program termination, Rebecca Orme Nail Pro will pay any outstanding earnings accrued above £20.
Rebecca Orme Nail Pro, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Program, or any other Rebecca Orme Nail Pro service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all potential or to-be-paid commissions in your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. Rebecca Orme Nail Pro reserves the right to refuse service to anyone for any reason at any time.
Relationship of Parties
You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.
Limitations of Liability
We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement.
We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, noninfringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of the Rebecca Orme Nail Pro will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our affiliates shall be submitted to confidential arbitration, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
This Agreement will be governed by the laws of The United States, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
The failure of Rebecca Orme Nail Pro to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Rebecca Orme Nail Pro and govern your use of the Service, superceding any prior agreements between you and Rebecca Orme Nail Pro (including, but not limited to, any prior versions of the Terms of Service).